HomeMy WebLinkAbout1984-12-04; City Council; Minutese 0 MINUTES
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Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: December 4, 1 984
Place Time of of Meeting: Meeting: City 6.00 p.m. Council Chambers COUNCIL \p %?$% %$
CALL ?o ORDER:
The Meeting was called to order by Mayor Casler at
6:OO p.m.
ROLL, CALL was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis,
MEMBERS Z. 8 Z.
Rulchin, Chick and Pettine.
Absent: None.
INVOCATION was given by David Courson, Director of the National Christian Fellowship, Carlsbad.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
APPROVAL OF MINUTES: (One mtion)
Minutes of the Regular Meeting held October 23, 1984, Casler X were approved as presented. Lewis Kulchin XX i Minutes of the Regular Meeting held November 6 r 1984, Chick XI were approved as presented.
Minutes of the Regular Meeting held November 13, 1984,
Pettine
were approved as presented.
CONSENT CALEMIAR:
Council confirmed the action of the Consent Calendar, . Casler X as follows: Lewis X Kulchin xx Chick X Pettine X
XI
x~
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
ordinances and resolutions at this meeting.
(50) 1. AB #7973 - RATIFICATION OF DEauvlNDs AGAINST THE
CITY. -
Council ratified the payment of demands against the
City in the amunt of $370,287.06, for the period
November 16 to November 29, 1 984; Payroll demands in the mount of $322,738.50, for the period
November 5 to November 18, 1984; and Housing
demands in the amount of $1 ,112.27, for the period
November 16 to November 29, 1984.
(84) 2. AT3 #7974 - PURCHASE OF PAVING MACHINE.
Council adopted RESOLUTION No. 7831, accepting a bid and authorizing the execution of a oontract for a paving machine.
(84) 3. AB #7975 - TYPE 170 TFW?FIC SIGNAL CoNTRoLLERS.
Council adopted RESOLUTION No. 7832, accepting a bid and authorizing the execution of a purchase order for the purchase of five type 170 traffic
s ignal antrollers .
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December 4, 1984 Page 2
CONSEWT CALENDAR: (Continued)
(84) 4. AB #7976 - PIlRCHASE OF TRUCHS.
Council adopted REOLVTION MI. 7833, accepting a bid and authorizing the execution of a purchase order
for the purchase of six trucks. I(w 5. AB a7977 - SOFT BODY ARMoR.
Council adopted REsQulTIoM No. 7834, accepting a
bid and authorizing the execution of a purchase
order for the purchase of soft bdy armoz. I (59) 6 AB #7978 - REmJND OF FEES.
I Council approved the refund of fees to Harry Fries
and the State Department of Transportation.
I(50) 7. AB 417979 - mFum OF FEES.
Council approved the refund of fees to Plaza
Builders and Koll-Bells.
ORDINANCE FOR ADOPTION:
(1 14) 8. AB #7967 - ZONE CODE m REGULATING GARAGES IN THE R-1 ZONE - ZCA-176 - CITY OF CARLSBAD.
I Council adopted the following Ordinance:
ORDINANCE NO. 9742, AMENDING TITLE 21, CEGPTER 21.10,
SECTION 21.10.010 OF THE cARz;SBAD MUNICIPAL, ODE BY TRE w OF SECTION 21.10.@10(2) RM;ARDING PRlSPfPE
GARAGES IN THE R-1 ZONE.
I PUBLIC HEARINGS:
(114) 9. AB a7980 - HOSPITAL OVERLAY ZONE - ZCA-178 - CITY
OF CAIITSBAD.
Mike Holdller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill. Using a transparency, he identified the following major features of the hospital overlay zone:
1. with the exception of a few zones, the overlay zone auld be applied to any zone in the City.
2. Requires a site development plan to be submitted at the same time the zone is considered.
3. Requires traffic study, economic study and detailed environmental studies to be submitted with applications.
4. Expiration date.
5. Permits accessory uses norrnally located near a hospital. If the hospital is not built within a two-
year period, the zone would revert back for other uses.
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Pettine X Chick
xx Kulchin
X Lewis X
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December 4, 1984 Page 3
Mayor Casler opened the public hearing at 6:lQ 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:
ORDINANCE NO. 9743, AMENDING TITLE 21, OF' THE CXUSBAD
MUNICIPAL CODE BY ME ADDITION OF CHAPTER 21.23 ESTABLISHING THE HOSPITAL-UVEWAY (H-O) ZONE.
(114) 10. AB #798'1 - ZONE CODE "EKF RESTRICTING
RFHPLICATION F0LIX)wIMG A DENIAL - ZCA-177 - CITY OF CARLSBAD.
Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill .
Mayor Casler opened the public hearing at 6:18 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:
ORDINANCE ND. 9744, AMENDING TITLE 21, CHAPTER 21.54 OF THE CAF?LSBAD MUNICIPAL CODE BY TRE ADDITICPJ OF SECTION
21.54.130 'IO RES!!XICT TEIE REAPPLICATION AFTER DE'NIAL.
(1 13) 11 . AB #7966 - APPEAL OF PLANNING c(="ISSION DENIAL OF
ZONE CEUSfGJ3 AND PLANNING CCMMISSION DE3"IMATION - ZC- 312/pCD-66 - SEASCAPE.
Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item, referring to the Agenda Bill, noting Council had continued this item for two
additional weeks to allow the applicant the opportunity
to reduce the density of the project. He used wall charts to indicate the location of the deleted
buildings, consisting of 3.6 units, and added the
applicant had proposed to plant a grove of eucalyptus
trees. The total number of units was now 208. The
applicant has proposed that 25 percent of the units become affordable rent units. Mr. Holmniller stated that when affordable housing is included, the City is
mandated to give a density bonus. Of the 208 units IXYW proposed, 42 would be affordable rents.
Council Menher Pettine stated the Planning Corrsnission
had determined the traffic circulation system was not adequate at the original density and he asked staff's opinion of the new density. Staff answered that after a review by traffic engineerins, they felt the streets would handle the traffic at buildout.
Mayor Casler mmnted there had been a petition received and four letters-some in favor and some in opposition to this proposal. She said that most
were in opposition to the previous proposal and none had been received this evening.
Mayor Casler opened the public hearing at 6:25 p.m. and issued the invitation to speak.
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Casler
X Pettine X Chick xx Kulchin
X Lewis X
Casler
X Pettine X Chick xx Kulchin X Lewis X
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Mr. Greg Neville, 701 "B" Street, San Dieqo, spoke to
Council, listing the amenities of the proposed project,
and stating he had met with the neighbors and mitigated
their a0ncem.s by dropping the density. He reiterated
that with one-Mrm units, the density would be far less than the surrounding developnents. Mr. Neville referred to the petition, and he agreed with what they were saying in that petition-not to be wanted over ten units per acre. In answer to the concern regarding no storage, Mr. Neville stated there were storage room provided on the balconies, but nothing to be stored on the balcony itself. He added there was a mini-storage approved right down the street, which muld be used by
these tenants. As to the final argument, m. Neville
said that my people cannot afford to buy homes at
this time; they have good incomes, but do not have the
20 percent downpayment. The young people need a place to live in order to remain in Carlsbad. Mr. Neville said this project would also be available for the airport industrial park workers, who are in need of
apartments in that quadrant of the City. He concluded,
adding that 60 percent of the project muld be open
space.
Mr. Mark Nordquist, 3495 Seacrest Drive, spoke in favor
of this project, stating he owns a business in
Carlsbad, and felt it was inprtant to have rentals of this quality in Carlsbad; particularly with so much
open space in the project. He did not feel this wuld
create any traffic problems.
Mr. Greg Cm, 2227 Edinburq, Cardiff, stated he cannot
afford to buy a home in Carlsbad, and felt this was an
excellent project.
Mrs. Earline Bane, 829 Caminito Del Mar, Chairman of
the Reference Cdttee at Alta Mira, stated she had
met with the developer and had reviewed the project. The mnsensus of the mmittee was that this was a quality project, and there is a need for rentals; therefore they would supprt the project.
Miss Lea Hoffman, Escondido, stated she would like to
live in Carlsbad and there was a need for quality housing of this type.
Mr. Gary Zapp, 6428 Camino Del Parque, spoke in favor of the project, stating he has employees driving from San Diego, and would like to see rental housing here
that they could use.
Mr. Ernest Fox, 852 Violet Court, spoke in opposition
to this project, asking Council to deny the zone change to protect his property and investment and that of the
other property owners in that area. He felt that in
ten years this would be converted to condominiums and would be undesirable due to the size of the apartments.
Mr. J~S Kenny, 6743 Russelia court, addressed Council in wsition to the project, stating this was not a good mix for this area and would have a detrimental effect on the property value. He stated he was against
a zone chanqe.
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Mr. Ernie Pruett, 929 Fuchsia Lane, stated he wanted to correct Mr. Neville's statement that no Alta Mira Ebard
Members were present last meeting, since he and other
Board Members had been present. Mr. Pruett took
exception to Council position on affordable housinu being available in all four quadrants, and rental units in the southwest quadrant of the City, He stated the nearest fire station is at City Hall and there are no schools near that area, no adequate bus service or shopping centers. Mr. Pruett stated there are mre renters in Alta Mira than originally proposed.
Mr. Pruett used the wall chart of Seascape to point out the buildings and stated the applicant had said the
project muld be hidden. He stated it would be hidden
because it muld be all apartment rooftops and carports. In mnclusion, m. Pruett said maintenance
would ks the first thing to go in a project of this
type.
~~
Mr. Paul Shaffer, 943 Jasmine Court, stated this was mre than a density problem, and he was cpposed to a zone change.
Mr. Neville spoke in rebuttal, stating there are attached horns surrounding this area and are of the
same type as the proposed building. He again said he agreed with the petitions, and that was exactly what they were proposing.
Since m one else wished to speak on this item, the
public hearing was closed at 7:Ol p.m.
In answer to query about the zoninq, Mike Holzmiller explained that a residential zoning allowed a density
consistent with the general plan, and this zone change had nothing to do with the density determination. The reason this area was being re-zoned to DM was a procedural technicality. The PC zone is applied to large areas under one mership, and this was
originally the Occidental property. That master plan
was deleted, but this property was still zoned PC. In order to develop this property, it must be a planned unit developnt. Since this was not a condominium project, staff thought it would be better to re-zone this residential use and let the property stand on its
own in terms of zoning. The difference in the zoning would allow the developer to build apartments, but as far as density, there is no difference.
Staff explained the density of other projects in the area, and it was noted that the density in surrounding projects was conparable to the density of this project.
In answer to query, the applicant said 40 percent of the units wuld be one-bedroom apartments.
Council Member Pettine stated he would not support this project, as he felt the density was too high for that area, and the project was not compatible. He also felt the traffic circulation was a problem, and he opposed a zone change while the general plan was under revision.
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Council Mer Chick stated the general plan was under review and not revision, and there was a difference in tern .
Mayor Casler comnted there were not many projects in
the City with 60 percent open space and this project was far above the standards. She added that the
density bonus is mandated by the State of California
and the City does not have an option, but must amply
with the law.
Council directed the City Attorney’s office to prepare documents granting the appeal and approving ZC-312 and
-66, which includes a 25 percent density bonus; with the reduced density of the project as presented at this meeting.
FECESS :
(28)
Mayor Casler declared a recess at 7:22 p.m. and Council re-convened at 7:35 p.m., with all Members present .
Council Member Pettine mved the preceding item be continued and referred back to the Planning Comission to be reviewed and to give the citizens a chance to am in for a public hearing.
The mtion died for lack of a second.
12. AB #7982 - SINmE FAMILY MOF?!EAGE RFNENUE BONDS - AFFORDABLE: HOUSING POLICY STATJPENT AS RE()uES”ED BY
SECTION 103A OF THE IXERNAL RevENuE CODE.
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Marty Orenyak, Director of Building and Planning, gave
the staff reprt as contained in the Agenda Bill and his Memorandum dated December 4, 1984, to the City Manager.
Mayor Casler apened the public hearing at 7:53 p.m. and issued the invitation to speak. Since no one wished to
speak on this item, the public hearing was closed.
Council accepted the reprt on Affordable Housing
Policies of the City of Carlsbad and directed staff to
file it with the Secretary of the Treasury.
HOUSING AND REDEvEL!XME%lT COMMISSION:
Council adjourned to the Housing and Redevelopnt Comnission at 7:54 p.m., and re-convened at 8:lO p.m., with all Mars present.
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Casler
Lewis
X
Pettine xx Chick X Kulchin X
Casler
X Pettine X Chick xx Kulchin
X Lewis X
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December 4, 1984 Paqe 7
DEP- AND CITY MANGER REPOKE:
City Attorney
(43) 13. AB #7963 - Supplement #l - GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION AND CONTINUING A CONLIITIONAL USE PERMIT FOR A VIDM) ARCADE - CUP-234 -
WOOIMORTHS.
City Attorney Vincent Biondo stated this Resolution contained the findings of fact and additional conditions of approval as directed by Council.
Council adopted the following Resolution:
RESOLUTION NO. 7835, GRANTIa AN APPEAL OF A PJANNING
COMMISSION DECISION REVOKING A CDNDITIONAL USE PmIT
To CONDUCT A VIDEO ARCADE IwSm9S Cup-234 - KDLKXU'H
AND CONTINUING ,SAID PERMIT IN EFFECT SUBJECT TO
ADDITIONAL CDNI)ITION,S.
Personnel
(28) 14. AB #7938 - PmSoNNEr, BOARD ACTION.
Jerry Pieti, Director, gave the staff report on this item as contained in the Agenda Bill.
Mr. Kelly Irving, P. 0. Box 2056, Carlsbad, addressed Council as Mr. Minor's representative, using four charts to illustrate City policies and how those differed from the procedures followed for Mr. Minor. He referred to the past standard and above-standard employee performance reports pzr. rvrinor received.
Mr. Irving stated Mr. Minor did take an unintentional extended break of approximately ten minutes on August 6, 1984, but emphasized that the City did not follow the progressive discipline policy contained in the Parks and Recreation Department employee handbook in this case.
Council Member Lewis stated the progressive discipline policy bothered him and he auld not support the Board action at this time.
Council Member Kulchin stated Mr. Minor had been late to work in 1981, but there was nothing inbetween to
suggest that this was a continuing situation. She
questioned whether the progressive discipline in the
handbook applied to all situations or to safety
violations.
City Manager Frank Aleshire stated he had not reviewed
the documents, but the procedure followed by the
Department was in accordance with City Personnel Rules. Be added the Personnel Board spent five hours hearing testimny in this case, and upheld the suspension. Normally, this muld be the final determination. Mr. Aleshire stated he muld like time to review this and report back to Council in response to their questions.
Council continued this item to the next Council meeting and directed the City Manager to bring back a report at that time.
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Pettine X Chick Kulchin xx Lewis X
Casler xx Lewis X
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Planning
(86) 15. AB #7983 - F5QUEST FOR COUNCIL TO PERMIT AUTO
Dl3ALEBSHIPS ON AVENIDA ENCINAS, NORTH OF FOINSmIA.
Mike Holzmiller, Land Use Planning Manager, gave the
staff report on this item as contained in the Agenda
Bill, using transparencies to show the site and the uses already approved in this development. He stated this approval would he subject to a site plan review and staff would mndition the site plan as much as possible to avoid adverse impacts as far as noise and lighting problems.
Mr. Nick Banche, representing Keister Company and Mr. Garton, addressed Council stating his clients' support
of staff's reprt.
Council Member Lewis stated he felt this was not a good land mix and all dea.lerships should be in one location.
Council Member Pettine felt this was a departure from
policy on dealerships, and if this was allowed, it would set a precedent for others to request a different location other than in Car Country.
Mike Holzmiller stated this would depend upon when and
if Car Country was expanded, and that it was a question of timing in this instance, where staff was trying to
accommdate these two dealers in order not to lose them to another mmunity.
Mayor Casler mmnted this was less desirable as it stood; if additional land auld be purchased for six
dealers, it could be another Car Country. She suggested
further investigation into buying some of the surrounding land.
Council accepted staff recomndation to find auto Casler X dealerships an acceptable use and in conformance with Lewis the specific plan for the area on the east side of Kulchin xx Chick X Pettine
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I Avenida Encinas, north of Poinsettia Lane.
( 76 ) 16. AB #7984 - PLANNING COMMISSION mCOMMENDATION FOR
REFORT ON DENSITY CALCULATION.
Mike Holnniller, Land Use Planning Manager, gave the
staff report on this item as mntained in the Agenda
Bill.
Council Member Chick stated he felt this report was
interrelated to the review of the general plan and should be deferred until that time.
Council directed staff to prepare a report and an Casler xx analysis on whether undevelopable property should be Lewis X counted in determining permitted density. Kulchin X Chick
Pettine X (55) 17. AB #7985 - "H COUNTY RESOURCE RECOVERY FACILITY.
Mike Holzmiller, Land Use Planning Manager, gave the report on this item as mntained in the Agenda Bill, stating staff wants no position on the project at this time.
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December 4, 1984 Paae 9
Mrs. Susan Glass, 3340 Bajo Court, requested to address Council, statina she lives only two miles from the proposed project, and Carlsbad residents are closer than the San Marcos residents. Mrs. Glass read from the petition she had opposing this project, and stated it muld be a hazard to hman health and environment, as well as a public nuisance for years to come. She stated she had gotten 455 signatures on the petition in only three days,
Mr. Jonathan Wiltshire, San Maras, Chairman of the
Citizens for Healthy Air, spoke in opposition to this project, describing the methods to be used in the recovery center and stating this would be there for the next 55 years, hereas the sanitary fill was due to be closed in 1993 and the area made into a park. He asked the Council to study this matter quickly, as many people are apposed to this project,
Council Member Pettine stated he felt the Council should wait to see what the San Marcos Planning Connnission decided on this project and then determine whether or not to become involved.
Council Member Lewis mncurred, but added that this
should not be an open public hearing, but involve
only knowledgeable persons.
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~ City Manager Frank Aleshire stated he muld return next
week with a report on San Marcos' action on this item and give recorrssRndations as to the people to speak at an informational meeting.
Council directed the City Manager to return next week with a report on San Marms' action and to remmnd the proper peqple to invite to an informational meetinq,
Eng ineer ing :
i ( 72) 18, AB #7986 - NO PARKING ORDINANCE FOR ALGA ROAD,
Ron Bedman, City Engineer, gave the staff report on
this item as oontained in the Agenda Bill.
Council introduced the following Ordinance:
ORDINANCE NO. 3180, AMENDING !TITLE 10, CHAPTER 10.40 OF
THE CARLSBAD MUNICIPAL CODE BY THE - OF SECTION
10.40.058 TO DECLARE A "NO-PARKING" ZONE ON ALGA FOAD
AS FOLLCWS: NORTH SIDE FROM MIMOSA DRIVE 'x) MELmSE
DlUVF,; AND SOUTH SIDE FROM MIMOSA DlUVF, TD EL CFMINO
REAL AND FROM ALICANTE FClAD R3 MELROSE DRIVE.
(97) 19. AB #7987 - APPEAL OF CITY FEQUIF@"S FOR STREET
IW- - CUP-204 - ST. PATRICK'S CHURCH - JOHN P, LAMDRY - APPELLANT.
Ron Beckman, City Engineer, gave the staff presentation
on this item as contained in the Agenda Bill,
Mr. Nick Banche, 810 Mission Avenue, Oceanside, addressed Council, stating the church was misled as to its obligation in this matter, and it is a
question of who should pay. He felt that the City should pay the difference in the cost.
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X Pettine
X Chick
X Rulchin X
Casler X Lewis X
X Pettine
X Chick
xx Kulchin
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December 4, 1984 Page 10 MEMBERS % $%
Council adopted Alternative #3, obligating the City for Casler Lewis $18,000.00 additional cost for the storm drain pipe
xx
X Kulchin extension. X
Chick X Pettine X
Parks and Recreation
( 70) 20. AB #6847 - Supplement 81 - CADENCIA Pm.
Dave Bradstreet, Parks and Recreation Director, gave
the staff reprt on this item as contained in the Agenda Bill.
Mr. Michael Glass, 3340 Bajo Court, President of La Costa Youth Organization, stated there was no place to go to play other than this park and gave a petition to Council from the people who feel this park should remain open. He stated there were two mre soccer sessions at Cadencia this year, and there is nothing
from May to September at the park.
Mr. Andy Anderson, representing 37 homeowners by
Cadencia Park, addressed the Council in opposition to use of the park for league play, stating this affects
the quality of life for those residents living nearby. His objection was to the screaming during the soccer games, which lasts all day. He also stated there was a safety factor because of the traffic and parking. Mr. A.nderson stated the port-a-potty was unsightly and odorous. He added there were to be no structures on
that site unless by special use permit, and there were no such permits. He asked Council to limit the use of Cadencia Field and prohibit a toilet.
Council Member Lewis restated his belief that Cadencia should be a practice field.
Council continued this item for further negotiations Casler X
by Dave Bradstreet toward a possible compromise. Lewis X
Kulchin X
Chick X
Pettine xx Council
(37) 21. MEMORANDUM E" COUNCIL MEMBER LEWIS.
This item was anntinued to December 11, 1984.
( 37) 22. MEl" FROM COUNCIL MEMBER KULCHIN.
This item was continued to Decehr 11, 1984.
AWOURNMENT:
By proper mtion, the Meeting was adjourned at 10:43 p.m.
Respectfully submitted,
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ALETHA L. F?AuTEmmANz
City Clerk
Harriett Babbitt
Minutes Clerk
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