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HomeMy WebLinkAbout1984-06-05; City Council; Minutes? - 7- 0 0 MINUTES Meetinq of: CITY COUNCIL (Regular Meeting) Time Date of of Meeting: Meeting: June 6:OO p.m. 5, 1984 /\k COUNCIL % %a 8 Place of Meeting: City Council Chambers MEMBERS % %% CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:OO p.m. ROLL CALL was as follows: Present: Council Menhers Casler, Lewis, Kulchin, Chick and Prescott. Absent : None. INVKXCI~ was given by Mayor Casler. PLEDGE OF ALLEGIANCE was led by Council Mer Lewis. APPROVAL OF MINUTES: Minutes of the Regular Meeting held May 15, 1984, were X Casler approved as presented. Lewis X Kulchin I! Chick X Prescott xx Minutes of the Adjourned Meeting held May 22, 2984, Casler X were approved as presented. Lewis x Kulchin X Minutes of the Adjourned Regular Meeting held May 29, Chick X 1984, were approved as presented. Prescott xx PREsmmIoNs: Mayor Casler read a Proclamation naming the mnth of June as Parks and Recreation Month. Dave Bradstreet, Director of Parks and Recreation, accepted the Proclamation on behalf of his Department. Mayor Casler read a Resolution signed by all Members of the Council, commending Coach Stan Hubert and his Lancers, who won the CIF Girls Softball Championship. Council Member Lewis stated that Coach Hubert was selected as CIF Coach of the Year. Mayor Casler announced Item 17B had been withdrawn and would be re-noticed in November. Also, Item 24 would be mntinued. cmsm cxJmDm,: Council confirmed the action of the Consent Calendar, Casler X as follows: Lewis X Kulchin X Chick xx Prescott X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AR #7468 - Supplement #2 - FINAL MAP FOR CT 82-26 - (Pg 1 JOCKEY CLUB. Council approved the final nap of CT 82-26. c - 0 0 MINUTES June 5, 1984 Page 2 MEMBERS COUNCIL A $$ v% . CONSEW OAR: (Continued ) 2. AB #7577 - Supplement #2 - ALGA ROAD IMP-ENT PRcxsM;T - CONTRACT NO. 3141. I I (97) 45 1 (99) (63) (45) (60) (45) (62) (50) (74) (451 (26) (45 ) Council adopted RESOLUTION NO. 7613, approving an amendment to the mntract for the Alqa Road iqrovmnts - Contract No. 3141. I 3. AB #3069 - Suppl-ement #13 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR CI' 76-12 - THE COLCNY. Council accepted the public improverraents, authorized the City Clerk to record the Notice of Conpletion and to release bonds, and directed the Utilitiesfiaintenance Director to Consnence maintenance of the public streets associated with CT 76-1 2. 4. AB #7450 - Supplement #2 - PAINTING OF LIBRARY PRCUECI' NO. 3900-1, Council accepted the painting of the library as coqlete and directed the City Clerk to record the Notice of Coqletion and release the bonds at the appropriate time. I 5. AB #7058 - Supplement #2 - AMENCMENT OF AGREEMENT wm CARL WARFEX AND CCMPANY, Council adopted RESOLUTICN NO. 7614, amending the agreement with Carl Warren and Company for claim administration services. 6. AB #7763 - ASSEMBLY BILL 3683 - FLOYD, Council directed that notification be sent to the codttee members of the Assembly Ways and Means Conunittee expressing oppsition to Assenbly Bill 3683, which requires local governments who contract for public works projects to have a labor compliance program, ? 7. AB #7764 - REFUND OF FEES. I Council approved the refund of $597.19 to Ben Stabile and $1,637.55 to Lusardi Construction for overpayment of fees. 8. AB #7692 - Supplement #1 - AGREEPENT WITH CCMPRO TO PROVIDE EMPLOYEE ASSISTANCE PROGRAM. I ~ Council adopted RESOLufIoN NO. 7615, approving an agreement with CCMPRO to provide an employee assistance program for the 1984-85 fiscal year. I 9. AB #7306 - Supplement #3 - JAMES DRIVE ASSEW= DISTFUCI' - COJ!TCFU4CI' NO. 3135, Council directed staff to proceed with final design work for the James Drive Assessment District. Council adopted RESOLUTION NO. 7616, approving a supplement to an agreement between the City of Carlsbad and the firm of Berryman and Stephenson, Inc., for engineering services, and approving a fund transfer, - 0 0 MINUTES June 5, 1984 Page 3 I CONSENT CATJENDAR: (Continued ) (92) 10, AI3 #7765 - APPROVAL OF FINAL ENCINA BUDGET. I Council approved Carlsbad's share of the fiscal year 1984-85 Encina budget. (74) 11 , AB #7766 - XMINISI'WIVE ASSISTANI' I EMPLOYMENT LIST , - Council adopted RESOLUTION NO. 7617, authorizing the extension of the Administrative Assistant I errployment list. I (27) 12. AB #7767 - CITY AUDITOR FOR 1983-84 FINANCIAL (45) STMEMENTS. Council adopted RESOLUTION NO. 7618, accepting the proposal of Deloitte, Haskins and Sells, Certified Public Accountants, for the audit of the City's 1983-84 financial statements and authorizing the City Manager to issue a letter agreement for said services. (99) 13. AI3 #6791 - Supplement #3 - TENCMIVE MAP EXTENSION - CT 81-34 - TRABEHf, Council adopted RESOLUTIm NO. 7619, approving an extension of time for tentative map CI' 81-34 subject to certain conditions. (64) 14, AI3 #7768 - SI'REEXT LIGHTING DISTRICT NO. 1. Council adopted RESOLUTION NO. 7620, ordering the preparation of plans, specifications, mst estimate, diagram, assessment and report pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, for proceedings for annual assessment levy after formation of a district. Council adopted RESOLUTION NO, 7621, approving the engineer's "report" for annual levy of assessment for fiscal year in a district within said City. Council adopted RESOLUTION NO. 7622, declaring its intention to provide for an annual levy and collection of assessments for certain maintenance in an existing district, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, and setting a time and place for public hearing thereon. ORDINANCES FOR ADOPTION: (78) 15, AI3 #7066 - Supplement #2 - REPEAL OF CHAPTER 5.18 OF THE MUNICIPAL CODE RE DRUG PARAPHERNALIA SI'ORES. Council adopted the following Ordinance: ORDINANCE NO. 6075, AMENDING TITLE 5 OF THE CARCSBAD MUNICIPAL CODE BY REPEALING U"TER 5.18 €?EGUWING DRUG PARAPHERNALIA. COUNCIL \) 5 %?$% %% ~ MEMBERS s 8 Z. Ca.sler X Prescott X Chick xx Kulchin X Lewis X - ( 0 0 MINUTES June 5, 1984 Page 4 ORDINANCES FOR ADOPTION: (Continued) : 28) 16. AB #7756 - RFMCIVAL OF CCMMISSIOMERS - QUALIFICATIOK FOR AP~~~. - Council adopted the following Ordinances: ORDINANCE No. 1270, AMENDING TITLE 2, CHAPTER 2.08 OF THE CYSLSBAD MUNICIPAL ODE BY THE ADDITION OF SECTION 2.08.080 TO PROVIDE FOR THE REMOVAL OF MEMBERS OF THE CITY'S EOARDS AND ~ISSIcRcrS. ORDINANCE W. 1271, IIMENDING TITLE 2, CHAPfER 2.08 OF 'IME CARLSEAD MUNICIPAL CODE BY THE ADDITION OF SECTION 2.08.090 TO REgUIRE THAT APPOINTEES TO ALL BOARDS AND -1SSIONS BE UNITED STPEES CITIZENS. PURLIC HEARINGS: (57) 17. AB #7769 - GENERAL PIJW AMENIIMW. (85) (113) a. AB #7769 - Supplement #1 - APPEAL OF PLANNHNG CCMMISSION DENIAL OF A GENEZAL PIAN AMENIlMENT AND ZONE CHANGE - EIR 83-8/GPA/LU 83-14/ZC-278 - CARLSBAD LAND INVESTORS. Charles Grim, Principal Planner, Land Use Planning Department, gave the staff report as contained in the Agenda Bill, using a transparency showing the site. He stated the intersection of Palomar Airport Road and future College would be significantly -acted by this project, and the northern -portion of the site is inpacted by the 65 CNEL from the airport. On the general plan amendment, Mr. Grim used a transparency showing the existing land use designation and the applicant's proposed use. He stated staff and the Planning Conmission remmended denial because of (1) the number of people that muld be exposed to airport noise, (2) traffic, (3) inappropriate location of the comrcial site, and (4) the bluff is an appropriate buffer separating the residential uses from non-residential uses. Mayor Casler opened the public hearing at 6:20 p.m. and issued the invitation to speak. Mr. Nick Banche, 702 - 4th Street, Oceanside, Attorney, spoke on behalf of the applicant. He gave a brief history of the applicant's efforts in regard to the property, and stated there were two problems at the Planning Codssion hearing. Those two problem were (1) the mmrcial piece, and (2) increasing density. He stated the applicant also did not believe mmrcial was a good use for that particular six acres. Mr. Banche stated the semnd problem was the request for 20 acres to be changed from zero to one and a half to zero to four density. He stated this was not an action- type application, but a request which would enable the applicant to come to the City to present a plan. Mr. Banche used a transparency to show how the acreage was proposed to be divided, shaving 20 acres for office use and eliminating the mmrcial designation. He stated this muld make a god transition. COUNCIL \\y 5 %9+%1 MEMBERS * a Z. Casler X Lewis X X Presmtt X Chick xx Kulchin - -e 0 MINUTES 0 June 5, 1984 Page 5 Mr. Banche stated in asking for all the property to be zero to four density, this would only mean seventy additional units. He stated there were heavy public facility obligations inposed on the applicant and he did not feel zero to one and a half was appropriate by the airport. Mr. Banche used another transparency to shcw the area inpacted by the 65 CNEL and the crash areas. He stated by making the oomrcial area into office use and mvin the residential area to the south, the inpact wuld be minimized. Mr. Banche stated the proposal is m different from the one submitted to the Planning Conunission with regard to office rather than comnercial I lg .. Since no one else wished to speak on this item, the public hearing was closed at 6:39 p.m. Council Member Lewis stated he could not supprt professional buildings or the C-2. He also expressed the cpinion that any area near an airport should not be densely populated, and that density should not be increased. Council Member Chick stated the comrcial zone would be inapp-ropriate in that area. Council Member Kulchin stated she had no problem with this request and felt offices would be preferable to mnnnercial, and Mayor Casler concurred. Council M&r Prescott stated he was concerned abuot traffic in that area in that the access road would share the traffic load of both the residential and non-residential area. In response to query, Mr. Grh stated staff would oppose any non-residential uses because the bluff acts a natural buffer: and the concern for any traffic increase in the area. i Council certified EIR 83-8. Council Menher Lewis mved denial of GPA/LU 83-14/ZC-278, and support of the Planning Comnission decision. Motion died for lack of a second. Council announced their intention to approve GPA/W 83- 14, and returned this item to Planning Codssion for review of the office use on the property and the change of zone to zero to four . The City Attorney stated this would be sent back to Planning for a report on the changes and then be returned with the other GPA's being heard at this meeting, to be acted on at the same time. (5 7) b. AB #7769 - Supplement #2 - ZQPFAL OF PLANNING CCMMISSION DENIAL OF A GENERAL PLAN AMENc61W - GPA/LU 84-2 - MONROE STREET. I This item was withdrawn and will be re-noticed in I ~ November. \\b 5 %+%d COUNCIL /o J+% 1 MEMBERS Z. 6 Z. Casler X Prescott X Chick X Kulchin X Lewis xx Casler X Prescott X Chick xx Kulchin Lewis X - e 0 MINUTES June 5, 1984 Page 6 r (99) c. AB #7769 - Supplement #3 - GENERAL PLAN AMEL\7LpIN, (57) 2W CHANGE, SUBDIVISION AND SITE DEVELOPMN PLAN - (113) GPA/LU 84-3/ZC-304/CT 83-20 - ALANDA, Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using one wall map to shw the Elm Avenue and El Camino Real connection, and one transparency shawing the site. He stated this request was denied by the City Council last year because the applicant had no specific developlnent proposal for the site. Now there is a conplete package. Mr. Holzmiller stated the applicant is requesting a general plan amendment to change the density to 10 - 20 and a corresponding zone change to RDM with a c) overlay, development with the approval contingent upon ,the City Council approving the GPA and zone change. There is to be no change to the general plan for the southerly portion and no zone change, as this would be standard single family units covering the entire southerly portion of the property. There will be large open spaces to mrrply with the El Camino Real Corridor Study, The Planning Codssion approved a 195-unit site Mr. Holzmiller stated the Planning Corrunission felt the northerly zone change was acceptable and compatible with the general plan of 10 - 20 on property to the mrth of this property. Also, this portion of Elm will be very expensive to mnstruct because of the soils and geology. In answer to query, staff stated the grading would still have to be done all at one time. There were no changes south of Elm. Mr. Holzmiller stated that prior to the occupanq of the 121st unit, the applicant would have to construct two lanes (28 feet) of Elm Avenue to where it currently terminates, including the grading for the full width and all dedications. He also stated that methods of financing the Elm Avenue extension were discussed at the Planning Conmission meeting, and Mr. Holzmiller stated the applicant my We such a request. In answer to query, Mr. Holzmiller ilndicated that the wording of Condition 36 would need mdification to make financing options flexible. He added the Planning Codssion wanted it flexible. Mayor Casler opened the public hearing at 7202 p.m. and issued the invitation to speak. Mr. Stan Landess, 2341 Jefferson Street, San Diego, addressed Council stating the applicant concurred with staff and the conditions with the exception of Condition 36, He stated they desire a wording change tc allow for a sharing of the cost, an assessment district or paying costs on a benefit basis. Mr. Landess stated the applicant muld not afford to pay the entire cost o. the extension of Elm, but only for that portion within the project boundaries, and the City Engineer had wording that was acceptable for that mndition. 3 f Ron Beckman, Cilty Engineer/ACM, stated the following wording could be added to that mndition: "Any improvement completed by any other developers or agency to the satisfaction of the City Engineer prior to it beinq required by these conditions shall be deemed to COUNCIL \\y % % ?$%? MEMBERS Z. 8 Z. 0 0 MINUTES COUNCIL /\y % 5% ? June 5, 1984 Page 7 MEMBERS % $% Mr. Nick Banche, 3464 Ridgecrest, addressed Council as an adjacent neighbr to this property. Mr. !3anche stated this developer had requested increased density as a bonus for constructing Elm Avenue and ncw he wants to assess the neighborhood, which was not the original request. Mr. Frank Dee, 3295 Donna Drive, addressed Council, stating he was concerned with the higher density north of Elm Avenue and felt there should be a barrier betweer. the low density and the high density. Mr. Harold Stephens, 52 15 Shore Drive, addressed Council in opposition to anyone else paying for any part of the construction of Elm Avenue. Mr. James Gaiser, 3340 Ridgecrest, spoke to Council, stating the conditions as inposed by the Planning Codssion should not be changed. Mr. Landess stated the applicant was not trying to reni? as far as constructing Elm Avenue, but wanted to clarifq. the issue as far as the other developers paying a share of the cost at the time of development. Since no one else wished to speak on this item, the public hearing was closed at 7:24 p.m. City Attorney Vincent Biondo stated the cul-de-sac policy states any developer constructing mre than 120 units mst provide two-lane accesses with one way in anC one way out. If this is not economically feasible, ther the development should be redesigned. An assessment district can always be done; there is no need to change the condition. This developer has an obligation for 28 feet of roadway, and the other developers would supply the additional 28 feet. The City could consider paying for the extra grading or the right-of-way. If this developer is relieved of the responsibility of the second access, then he should redesign within the cul- desac policy. City Manager Frank Aleshire stated the City Council budgeted funds to put in two lanes of Elm in the CIP. The City could advance the mney and try to collect it back from the abutting property owners. If this developer wuld wait a year or so, the City would Fade and he would pay a pro-rated share. If he goes first, he muld pay for the grading and 28 feet of the pavement without reimbursement. In response to query, staff reiterated that if the density were increased, Elm should be put through. Council directed the City Attorney's Office to prepare Casler X documents approving GPA/LXJ 84-3. Lewis X Kulchin X Chick xx Prescott X Council directed the City Attorney's Office to prepare Casler X documents approving CT 83-20, with a change in wording Lewis in Condition #36 to allow alternative financing or an Kulchin X assessment district on the 28-foot section. Chick xx Prescott X ( 0 a MINUTES COUNCIL /\b 3 %' ? June 5, 1984 Page 8 MEMBERS % %% Council introduced the following Ordinance: X Kulchin ORDIJWCE NO. 9719, IWNDING TITLE 21 OF THE CARCSBAD X Casler MUNICIPAL CODE BY AMENDING THE ZONING MAP FRCM R-A- Chick xx 10,000 TO RcM+ ON NINE ACRES LLXATED CN THE NORTHWEST Presmtt AVENUE AND FRCM R-A-10,OOO TO R-A-10,000 (Q) on 36 ACRES CORNER OF EL CAMINO REAT; AND THE FUTURE ALI- OF EIM X THE FUTURE ALIMENT OF ELM AVENUE. IXXXt'ED ON THE SDUlMWEsT COIWER OF EL CAMINO = AM) RFXESS : Mayor Casler declared a recess at 7: 57 p.m. , and Council re-convened at 8:03 p.m. with all Council M&rs present.. Lewis :gg) 18. AB #7770 - APPEAL OF PLANNING CCMMISSION DENIAL OF A TE"IVE MAP AND CONDCMINIIM PEB-lIT - CT 84-2/CP-270 - LA COSTA P0I"E. Mike Holzmiller, Land Use Planning Manager, gave the staff report as mntained in the Agenda Bill, using a transparency to show the site; one map showing El Fuerte and Alga Road, and another wall map showing the landscape plan. Mr. Holzmill-er stated there were two major reasons to deny this request; one, the Planning Conmission did not feel the design of the project justified the density, and, two, the density was not mmpatible with the density in the area. Mr. Holzmiller showed another graphic showing the surrounding density and another transparency showing the variance of densities in the immediate areas. Mayor Casler apened the public hearing at 8:13 p.m. and issued the invitation to speak. Mr. Sam Blick, Fairbanks Ranch Plaza, addressed Council stating the best architects had been hired to design this project and the ammenities provided were mre than those on the surrounding properties. He stated an error had been made at the Planning Codssion Meeting by stating the structures were closer to a wall than they actually were. He referred to a chart showing the wall :.n question, stating it was an 8-foot wall and the building is 20 feet from the wall, rather than ten feet from a ter.- foot wall. Mr. Hal Sadler, Architect, San Diego, addressed Council with regard to the design of the project and the ammenities provided. He ref erred to a wall chart showing the project and pointed out the landscaping and the location of the buildings and parking areas. He also used another chart showing the recreation areas in detail and one showing the garages. Mrs. Janice Giacinti, 2855 Cacatua Street, addressed Council in -position to this project, referencing the letter from her husband, Philip Giacinti, Jr., and staticg the 1,000 foot units wuld attract people who wuld not become permanent residents. She stated mncern about the high density and the traffic danger to the children in tke area. Mr. Jerry Black, 2845 Cacatua Street, spoke in opposition to this project, stating there is no buffer between the low and high densities. - 0 0 MINUTES June 5, 1984 Page 9 Mr. Ton Frandsen, 642 1 Cayenne Lane, spoke to Council in opposition to this project, stating this would create traffic problem and safety problem, as well as water problems. Mr. Richard Gabriel, Suite 30 1 , 10 10 Turquoise Street, San Diego, spoke in favor of the project, stating it was in mnformance with the general plan. Mr. Barry Chase, La Costa, addressed Council in favor of the project, stating he felt this was a fine project. Mr. Nelson Gross, 536 Harbor Island Drive, Newport Beach, addressed Council as a property mer on Unicornio Street, stating the applicant was in conformance as far as density. Dr. Lawrence Taylor addressed Council, stating if the density is not in mnpliance-deny-if it is-vote for it. A gentleman from Anillo Way spoke to Council stating the project was not over the allowed density and as far as amenities are concerned, he stated not too mny people use the tennis courts and pools that are available. He stated that with smaller units, there would be fewer people-not mre-and with the prices charged for properties, it is difficult for anyone to qualify for a single family horn. Mr. Blick spoke in rebuttal, stating the applicant has conformed to all rules and the general plan and he urged the Council to vote for the project. Since no one else wished to speak on this item, the public hearing was closed at 8:49 p.m. Council approved CT 84-2/8-270, and directed the City Attorney's Office to prepare the appropriate documents. Council approved the Negative Declaration issued by the Land Use Planning Manager. The Planning Staff was directed to return with conditions of approval. (113) 1 9. AI3 #777 1 - PI"m TO CAR COWRY SPECIFIC PLAN SIGN F@QUIREMENTS - SP-19(A). Mike Holdller, Land Use Planning Manager, gave the report on this item as contained in the Agenda Bill. Mayor Casler opened the public hearing at 9:03 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council introduced the follcwing Ordinance: ORDINANCE NO. 9720, MENDING ORDINANCE 9288 Al?PROVING SPECIFIC PLAN AMENDMENT SP-19 (A) TO A"D THE SIGN REGULi9TIONS OF THE CAR COUNTRY SPECIFIC PLAN ON PROPEXTY GENERALLY IXXYKL'D -EN CANNON FOAD AND PALOMAR AIRPORC mAD. COUNCIL \\k 5 % 5% ? MEMBERS % $% Casler xx Chick Kulchin X Lewis X Prescott Casler X Lewis x Kulchin Chick YK Prescott Casler Y Chick YK Kulchin K Lewis K c Prescott - ( 0 0 MINUTES COUNCIL \\y 5 3 %' ? June 5, 1984 Page 10 MEMBERS % $% 99) 20. AR #7436 - Supplement #2 - AMENMEJW TO TENIKCIVE MAP - CII 83-9(A) - "DANA COFSOFWTION. Mike Holzmiller, Land Use Planning Manager, gave the staff report as mntained in the Agenda Bill, using a tentative map wall chart. Mayor Casler opened the public hearing at 9:07 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council directed the City Attorney's Office to prepare Casler < documents approving CT 83-9(A). Lewis < Kulchin Chick Prescott < (113) 21. AB #7772 - PREANNEXATI0NA.L ZONE CHANGE - ZC-299 - SCHINKO WERSCHING. Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill, using a location map shawing the site. Mayor Casler opened the public hearing at 9:09 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council introduced the following Ordinance: Casler X Lewis X ORDINANCE NO. 9721, MENDING TITLE 2 1 OF THE cARI;sBAD Kulchin xx MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A Chick X PF3YWWXQIONAL ZONE CHANGE FRCM A-7O(CO) TO R-1-7,SOO X Prescott ON PROPERTY GENERALLY LlXWED TO THE SOUTH OF THE SCWI'HERGY END OF WNTIAC DRIVE. (99) 22. AB #7773 - EWIRCHMENTAL IMPACT REPOFU', ZONE (85) CFQWGE, TENl%!I'IVE MAP AND MOBILE RRlE PARK PEEIMIT - EIR (113) 83-9/ZC-290/CT 83-25/"IP 83-2 - WINO HILIS. Rill Hofman, Principal Planner, Land Use Planning Department, gave the staff report as contained in the Agenda Bill, using a tansparency to shaw the site. In answer to query, he stated the slide area problem in the EIR muld be mitigated if the buttress is constructed. This buttress would have to be designed by geologists. Mr. Hofman used a transparency shawing the site with the zone change. A wall chart was used to shaw Slippery Hill Road and El Camino Real, designed with topography and minimized grading. Also the area where the endangered plant is growing was sham on a chart. Two circulation mps-one if the project were built tomrrow and the other with the surrounding area developed were Shawn. There will be a dian on El Camin0 Real eventually, with the ultimate access from College Boulevard and Cannon Road, with a cul-de-sac at El Camino Real. Mayor Casler apened the public hearing at 9:20 p.m. and issued the invitation to speak. Mr. Don Agatep, 2956 Roosevelt Road, addressed Council for the applicant, asking for approval of the project. ~- - a 0 MINUTES June 5, 1984 Page 11 Mr. Jerry Hart, 6992 El Camino Real, President of the Pilots' Association, addressed Council, using a wall map showing the circulation pattern for take-offs and landings at the aiwrt. Mr. Hart stated this proposed project muld be in a high noise area which could not be mitigated. He stated mre mbilehome parks are needed, but they should be away from the airport. Mr. John Dixon, Vice President, Pilots' Association, spoke in qposition to the project, stating the park is in the wrong place, and even though the tenants signed waivers, there muld still be conplaints about the airport mise. Mr. Art Anderson, 4961 Cindy Avenue, spoke in favor of the Camino Hills Project, stating it would be the same concept as El Camino Estates and free of any rent increases. In response to query, stated there would be no problem closing access to El Camino Real in the future because people are aware of the plan. Mr. Marvin Sigler, former resident,, stated not too mny people are bothered by airport noise, and he was in favor of the project. Since no me else wished to speak on this item, the public hearing was closed at 9:38 p.m. Marty Bournan, City Traffic Consultant, spoke to Council, stating the access off of El Camino is adequate as a temporary access. In addition, El Camino Real will be widened in that location as part of this development, providing an acceleration lane. Council certified EIR 83-9. Council directed the City Attorney's Office to prepare documents approving CF 83-25WP 83-2. City Attorney Vincent Biondo stated that part o€ Slippery Hill Road right-of-way is off-site and if the developer is unsuccessful in the acquisition, the City (because of the condition) mst be prepared to amdemn the right-of-way. Council introduced the following Ordinance: ORDINANCE No. 9722, lW3NDING TITLE 21 OF THE cARI;sBAD MUNICIPAL CODE BY MENDING THE ZONING MAP FROM R-1- 10,000 TO RMHP (MOBILE HOME PARK ZONE) ON PROPEFtL'Y GENERALLY LOClWED aJ THE FaEST SIDE OF EL MINO REAL, IMMEDIATELY NOmH OF THE CARLSBAD RESEARCH CENTER. I i (25) 23. AE3 #7735 - Supplement #1 - BATIQUITOS FOINJ?E A?SEXATION. Mike Holnniller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill. COUNCIL \\k 5 3 3% 3 MEMBERS % $% Casler X Presmtt X Chick X Kulchin X Lewis xx Casler X kwis X Kulchin xx Chick X Presmtt X Casler X Presmtt X Chick xx Kulchin X Lewis X - a 0 MINUTES COUNCIL \\b 5 3 %' ? June 5, 1984 Page 12 MEMBERS % $% Mayor Casler opened the public hearing at 9:49 p.m. and issued the invitation to speak. Mr. Doug Avis, 11300 Sorrento Valley, representing Sammis Corporation, addressed Council asking for approval of this request. since no one else wished to speak on this item the public hearing was closed at 9:56 p.m. Council adopted the follcwing Resolution: Casler X Lewis X RESOLUTION 7623, APPROVING A RE0Ih"JANIZRI'ION INVOLVING Kulchin xx ANNEXKITON TO THE CITY OF CARLSBAD, DETACHMENT FRCM THE Chick X LEXJCADIA COUNTY WER DISTRIU, ENCINITAS FIRE Presmtt X PROTECTION DISI'RIU, AND COUNTY SEIWICES AREAS NO. 17 (SAN DIEGUITO PARAMEDICS) AND No. 83 (SAN DIEGUITO LOCAL PARKS). (BATIQVTI'OS POINTE ~OFGANIZATION). (114) 24. AB #7774 - EL WINO REAL CORRIDOR - ZCA-169/ZC-293 (113) - CITY OF CARISBAD. This item was mntinued to June 19, 1984. DEPAflrPIEXCAL AND CITY MANAGER REPOHTS: Planning (71) 25. AB #7775 - PARKING OF REXFSATIONAL VMICLFS IN THE (114) FROJXC YARD AREA IN RESIDENTIAL ZCINES. ZCA-154 Marty Orenyak, Director of Building and Planning, gave the staff report on this item with an update of the complaints pending at the present time. He presented two photographs to the Council Menhrs on cases that are pending, stating they were indicative of the problems to be discussed. Mr. Orenyak stated it is physically and financially inpossible for some of the RV owners to get their vehicles into the side yard. He referred to the three remnnnendations mntained in the memrandum dated May 23, 1984, from the Land Use Planning Manager to the City Manager. He stated he supported recomnendation number one. Mayor Casler announced there were several letters received on this, some in favor and some in opypsition. One person asked for the letter to be read aloud, but copies of that letter had been supplied to all Council Members prior to the meeting. Mr. Dave McNabb stated he had instituted a group to ask the Council to mdify the Ordinance to acm-ate some property owners who cannot park in the side or rear yard. He stated he furnished Council with a packet on Friday and has mre than 200 more signatures since that time. He recommended the Ordinance be mdified to allow for those people who cannot park their recreational vehicles as prescribed in the Ordinance and allow them to park in the front driveway or setback area ky getting approval from the City staff. ~ I I I i II, - - m 0 June 5, 1984 MINUTES Paqe 13 - Mr. McNabb stated there are no storage facilities in Carlsbad for RV's and stated he did not feel RV's were an eyesore or detracted from any neighborhood. Mr. McNabb suggested a amnittee be appointed to come back with a report. He stated his group supported the first reconmendation. Mr. Bruce Kopcso, 3970 Gloria Lane, stated he had prked his truck in his driveway for 18 years and was not going to change ncw. He did not feel the City should tell the taxpayers what to do with their property. He felt only one ton and over should be regulated. Mr. Otto Vandemere stated that awning an RV was attainment of a life-long dream, and mny cannot afford the storage costs. He also commented on the legal iqlications and expressed the opinion that such regulations are unconstitutional. Mr. Jim Nelson, 3425 Ann Drive, stated he could not get his RV into the side yard or back yard, and there are no safe storage places in Carlsbad. He stated he is not favoring on-street parking or unsafe parking, just fair parking. Council discussion resulted in a mnsensus of cpinion that the mtter be scheduled for public hearings to receive public input and to consider possible modifications. Council directed staff to set this matter for public hearing. City Attorney Biondo reminded the Council this matter would initially go to the Planning Conrmission for a public hearing since it is a zoning matter. City Council (74) 35. AB #7783 - MEEX AND CONFER INPASSE - CCFA. Council scheduled June 11, 1984, at 5:OO p.m. for meet and confer impasse hearing and the balance *of tonight's Agenda. *(Items 26 through 34 were continued to June 11, 1984.) ADJoTJRmm: By proper mtion, the meeting was adjourned at 10:30 p.m. to Monday, June 11, 1984, at 5:OO p.m., in the Council Chambers. Respectfully submitted , l2AQifL4ey ALEllHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk Ij10 c COUNCIL \\k 5 % %' ? MEMBERS % %% Casler Kulchin X Lewis xx X Prescott X Chick X Casler X Lewis xx X Prescmtt X Chick X Kulchin