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HomeMy WebLinkAbout1985-12-03; City Council; Minutes6 e MINUTES 0 I’ Meeting of: CITY oI>uNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: December 3, 1985 Place of Meeting: City Council Chambers CALL M ORDER: Mayor CasLer called the meeting to order at 6:OO p.m. ROLL CA&L was taken by the City Clerk, as follows: Present - Council Mernhers Casler, Lewis, Kulchin, Chick and Pettine. Absent - None. INVOCATION was given by Mayor Casler PLEDGE OF ALLEGIANCE was led by Council Member Chick. CONSENT CZILENDAR: Council affirmed the Consent Calendar as follows: Council Member Pettine stated that he would abstain on Items #S and #8. WAIVER OF ORDINANCE TF3r-T RFJIDING: Council waived the reading of the text of all Ordinances and Resolutions at this meting. (50) 1. AI3 e8419 - F?Eq OF FEES. Council approved the refund of $1,468 to Odmark Development Coqyy €or overpayment of fees. (74) 2. AB #8420 - MENDING THE CLASSIFICATION AND SALARY PLANS OF TI@ CITY. Council adopted RESOLUTSClN NO. 8278, amending the classification plan of the City to adopt the classifications of Housing Specialist I and Housing Specialist I1 and reclassify two positions. (84) 3. AB #8365 - Supplement #1 - AGREDENT FOR STREET (45) SWEEPING SERVICES. Council adopted RESOLUTION NO. 8279, accepting bids and awarding agreement €or street sweeping services. (81) 4. AB #3123 - Supplement 89 - ACCEPTANCE OF A SEWER (99) FrnEMENT. Council adopted RESOLUTION NO. 8280, accepting a grant deed from ,James and Kimberly Grant mnveying an easement for sewer purposes off of La Golondrina Street. 375 7 - i 1 ~ I COUNCIL /p 3 % MEMBERS % $ Casler Lewis Kulchin Chick 8 Pettine x: 7 7 I 7 I I 0 0 MINUTES December 3, 1985 Page 2 \p 5 COUNCIL % %' MEMBERS % 4 CONSENT CALENDAR: (continued) (99) 5. AB #6742 - Supplement #5 - FINAL MAP - CT 81-29 - ALJCAWE HILLS. Council approved the final mp of Carlsbad Tract Casler 81-29. Lewis Kulchin Chick Pettine X (99) 6. AB #7339 - Supplement #7 - FINAL MA?? - CT 83-2 - SJ3A PINES, FIT 5. Council approved the final map of Carlsbad Tract 83-2 (Sea Pines, Unit 5). (99) 7. AB #7928 - Supplement,#l - "EWI'ATNE MAP EXTENSION - CT 81-50/PUD-37- O'GAI?A. Council adopted RESOLUTION No. 8281, approving a one year extension of time for tentative map cf 81-50, including R-37, subject to certain conditions. (99) 8. AB #8022 - Supplement #2 - FINAC MAP - CT 84-35 - (81) UNIT 1 - FALCON HILLS. Council approved the final map of Carlsbad Tract Lewis 84-35, Unit 1; and Casler Rulchin Council adopted RESOLUTION NO. 8282, accepting a Chick X grant deed conveying a portion of Valewood Avenue; and Pettine Council adopted RESOWTION NO. 8283, accepting a grant deed conveying an offsite drainage easement; and Council adopted RESOKITION NO. 8284, accepting and remving "blocker strips" across hrtions of Valewood Avenue and Pontiac Drive. (81) 9. AB *8421 - ACCEPTANCX OF PORTION OF KNOMiXS AVENUE AND mm- DRIVE. Council adopted RESOLKPTION NO. 8285, accepting grant deeds conveying easemnts for street purposes for a portion of Rnowles Avenue and a portion of Laguna Drive. - (28) 10. AB #8422 - RESIDENTIAL REHABILITATION LxIp;N (45 1 PROGRAM. Council adopted RESOLuTIm, NO. 8286, authorizing an amendment to agreement for management and in-plemntation of a comunity development block grant residential rehabilitation loan program. .. 334 (62) (99) 0 e MINUTES December 3, 1985 Page 3 PUBLIC HEARINGS: 11. AB #8423 - RESOLUTION To SUPFORT ASSEMBLY CONSTITUTIONAL - # 7 - PITONARTISASJ ELECTIONS. Council adopted RESOLUTION No. 8287, supporting Assembly Constitutional Amendment #7 - nonpartisan elections. 12. AB #8424 - TEpaTATIVE TRACT MAPS ON PROPERTY IN THE CALAVERA HILLS MASER PIAN AREA - CT 84- 37/CP-300 (VILLI1GE U) ; C"I84-38/PvD-76 (VILLAGES W, X AND Y); AND CT 85-4/PUD-79 (VILLAGE Lr-2) - CESCO. Charles Grim, Principal Planner, gave the staff report as mntained in the Agenda Bill using a transparency to show the sites. Mayor Casler stated a letter had been received from the applicant requestinq all these applications be withdrawn. Charles B. Christensen, Detisch, Christensen & Wood, 414 West "C" St, Suite 404, San Diego, attorney for the applicant, addressed Council stating that he had delivered a letter on behalf of Mr. Sanders notifying Council of the withdrawal of all applications for all items represented by Item 12 on the Agenda. City Attorney Vincent Biondo reconmended that Council hold the advertised hearing and take action. By consensus, Council agreed to proceed with the hearing. Mayor Casler apened the Public Hearing at 6:05 p.m. and issued the invitation to speak. Mr. Christensen stated for the record that the applicants position is that the applications have been withdrawn at this time. He stated that if it was Councils desire to proceed with the hearing he requested the projects be denied without prejudice to allow the subsequent developer to proceed without waiting one year to submit the tentative map. Since no one else wished to speak on this item, the Public Hearing was closed at 6:07 p.m. City Attorney Vincent Biondo stated it was not staffs intention to preclude any new developer and that if Council desired to make that clear there could be a sentence to that effect added to the documents. Council directed the City Attorney's office to prepare documents denying CT 84-37/CP-300 (Village U); CT 84- 38/PuD-76 (Villages W, X and Y); and CT 85-4/l?uD-79 (Village L-2) . 373 - \p 5 COUNCIL 3 % MEMBERS % q Casler Lewis Kulchin E Pettine ,? Chick x: ( 0 a MINUTES Decebr 3, 1985 Page 4 PUl3LIC HEARINGS : (continued) 99) 13. AB #7592 - Supplement # 4 - TE3ITATNE TRACT MAP AMENIxllFNT'- CT 83-21 (A)/PUD-57,(A) - TRGE 'TOPS UNLIMITED. Charles Grim, Principal Planner, gave the staff report as contained in Agenda Bill using a transparency to show the site and wall mps showing the site plans and the elevation maps for Phase 4 of this development. He referred to Condition No. 38 of Planning comnission Resolution No. 2513, and stated that the Planning Commission had added that andition to address questions and concerns abut Harwich Drive. Mayor Casler cpened the Public Hearing at 6:20 p.m., and issued the invitation to speak. George Haviar, 13913 BarrymOre, San Diego, representing Pacific Scene, stated that they supported staff report and he was here to answer any questions. Since no one else wished to speak on this item, the Public Hearing was closed at 6:21 p.m. Council Member Lewis inquired about the park site and Dave Bradstreet, Director of Parks and Recreation, explained the plans and timing for developanent of the park. City Attorney Vincent Biondo explained the previously approved agreement with the developer and the status of eEforts to achieve development of the park. John Warner, Pacific Scene, 3900 Harney Street, San Diego, stated that they would have a problem with trying to dedicate a park that they did not own. Therefore, they should not be subject to conditions regarding park development hen they have no control over the park land. Council Member Pettine stated that he auld not approve this project until the City was up to standards. One of those standard is park land and he stated that he muld like a condition of approval that the applicant not be allowed to sell homes until the park is mqlete. City Attorney Vincent Biondo stated that the Council had approved the revision to the existing mp for the street arrangements and the reimbursement construction agreement with this developer. This included acquisition of the dirt necessary for the grading. The actual construction of Elm Avenue and Glasgow Street are conditions of approval on this project and the applicant will provide the mad as soon as the right-of-way is obtained. Then as soon as the roads are conpleted work will be started on the mnstruction of the park. Mayor Casler stated that when Tamarack is put through to College that Harwich should be ml-de-saced. She suggested that a andition be added stating that Harwich muld be cul-de-sad at that time. I 33a 7 \p 5 COUNCIL % 9c MEMBERS % $ 0 MINUTES December 3, 1 985 Page 5 i 4 PUBLIC HEARINGS : (continued) Motion was mde to add a mndition to this project which muld stipulate that no occupancy permits were to be issued until Calavera Park was completed. Motion failed due to the lack of majority. Council directed the City Attorney's office to prepare documents approving CT 83-21(A)/PUD-57(A) per Planning Comission Resolution No. 2513. 113) 14. AB #8425 - SITE DEVEIxlpMENT PLAN - SDP 85-13 - PACIFIC SCEME. Charles Grim, Principal Planner, gave the staff report as antained in the Agenda Bill using a transparency to shm the site and wall mps to show the landscaping concept, the placement of the buildings and the recreational areas. Mayor Casler opened the Public Hearing at 6:55 p.m., and issued the invitation to speak. John Warner, Pacific Scene, 3900 Harney Street, San Diqo, asked the Council to support the Planning Commission and staff's remmndations and approve the project. Since no one else wished to speak on this item the Public Bearing was closed at 6:56 p.m. Council Member Pettine stated that his position was the same on this project as on the previous project due to the issue of the park land. Council Member Lewis stated that this project was different, and he muld not support it until ~e park land was available. Council directed the City Attorneys office to prepare documents approving SPP 85-13 per Planning Conmission Resolution No. 2515. :99> 15. AB #8426 -_ "NTATJXE3 MAP AND PLANNED UNIT ~EVELopMEtvT - CT 85-10/PUD-81 .- RICE PROPERTY. Charles Grim, Principal Planner, gave the staff report as contained in the Agenda Bill using a transparency to show the site and a wall mp to show the planned unit development. 371 - \v 5 COUNCIL % % MEMBERS % f Casler Lewis Kulchin Chick Pettine X Casler Lewis Kulchin Chick X Pettine Casler Lewis 1 Chick x Kulchin Pettine xx - L 0 0 MINUTES COUNCIL \p 5 % %' December 3, 1985 Page 6 MEMBERS % $ PUBLIC HEARING: (continued) Mayor Casler opened the Public Hearing at 7:07 p.m., and issued the invitation to speak. Bob Ladwig, Rick Engineering, representing the applicant, Dr. Rice, said they agree with all the conditions as *proved by the Planning Comission. However, he asked for a clarification of Condition No. 33 regarding the grading. He asked for an extension of the 30-day time limit and a right to appeal at that I time if other circumstances or weather cause additional problems, In response to query, m. Ladwig stated the traffic study addressed only the existing traffic on existing roads and the impacts of this project on those roads. Pete MacKauf, General Manager, representing Ukegawa Brothers Farming Company, 4218 Skyline Road, addressed Council explaining the farming operations on the property and the related grading that had taken place. Mr. MacKauf stated that they had tried to mnduct their farming in a responsible mnner and that by leaving Condition No. 33 in the Resolution they wuld be punishing the land owner for what the City considered illegal grading. He stated that this could 1 destroy farming as land owners wuld be leary of leasing property for farming. Brad Brown, 1507 Baltimre, San Marcos, stated the property owners in the county adjoining the proposed I project consist of acre to half-acre lots and all feel I that it is unfair to these property mers to bring I high density development next to them. He asked the I map be denied until larger lots are designed at the southerly portion of this project, Dr. Ray Jenkins, 1151 Aveneida Esteban, addressed Council stating his mncem about the project with regard to compatibility to surrounding parcels of land. He stated the slopes and ecological inpact in I the area relating to the slopes crosses property lines and the drainage problem cross property lines. Be stated that there was considerable erosion on this property and there was water on the road due to the I illegal grading that had been &ne. I Fred Reva, property mer to the south of this I project, qmke in opposition to the project due to density and incompatibility. Bob Ladwig spoke in rebuttle stating that he felt this 1 project was mqatible with the area. He requested I approval. I Since no one else wished to speak on this item, the I Public Hearing was closed at 7:40 p.m. I ! ! I ! I I ! I i ! 330 I 0 MINUTES e December 3, 1985 Page 7 PUBLIC HEARING: (continued) Gene ~onovan, City Engineer, reported on the grading activities stating that in August of this year the property was cleared, riparian areas filled in, stream areas filled with md, canyons filled in, all without a grading permit. There were cuts up to four feet and fill up to three feet. He stated that this was grading, not farming. Mr. Donovan stated that if all projects in that area under construction and approved were bilt, Olivenhain would be at capacity and the El Camino Real intersection muld be critical. Council corranents related to the traff ic problem in the area, and Council continued this item until a determination is mde regarding how to handle the traffic problem in the area, or until February 18, 1985, whatever occurs first. RECESS : Mayor Casler declared a recess at 8:02 p.m., and Council reconvened at 8:13 p.m., with all members present. PUBLIC =INC& : ( continued ) (99) 16. AB #8427 - TENTATIVE MAP - CT 85-24 - CARISBAD RESEARCH CENTER - KOLL. Charles Grim, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency to show the site and a tentative map of the Carlsbad Research Center, Mayor Casler cpened the Public Hearing at 8:22 p.m., and issued the invitation to speak. Bernie Fipp, Koll Coqany, offices in San Diego and Carlsbad, addressed Council stating they agreed with the conditions with the exceptions of 37 and 54. Mr. Fipp said that 37 called for the extension of Faraday to future Cannon and 54 provided for a guarantee to improve Palomr Airport Road from the Pacific Ocean to the Eastern boundary of the City. He stated that the certified EIR for the Research Center showed no adverse traffic impact on Faraday off site, nor did it call for the widening of Palomar Airport Road, Mr. Fipp distributed copies of proposed wording for Condition No, 37. He further stated he agreed with the mrding of Condition No, 54 as contained in the memrandum from the City Engineer dated December 2, 1985. Mr. Fipp urged Council to adopt the mp with the changes and the wrding as proposed. Since no one else wished to speak on this item the Public Hearing was closed at 8:30 p.m. In response to Council query, staff stated that the extension of Faraday is in the City plan but there was no time table as to when that road wuld ke build. 367 i *. I I i I ~ I I I I i I ~ I i ~ ~ I ~ I I I ~ I i ~ I \y 5 COUNCIL %9 "0 A MEMBERS Z. (1 Casler Lewis Kulchin Chick Pettine 7, Li i I , i ~ ~ I I i I ! I ! i I ~ I 0 MINUTES 0 December 3, 1985 Page 8 \p 5 COUNCIL % % MEMBERS % q PUBLIC HEARING: (continued) Mayor Casler mde a mtion to accept Condition No. 37 and Condition No. 54 as presented tonight in place of the two as written in the Aqenda Bill. Council Mebr Chick seconded the mtion. The mtion was later withdrawn. In discussion of Mayor Casler's mtion, Council M&r Lewis stated he felt Condition No. 37 needed to consider the total picture of impact on Palomar Airport Road by this project as well as all others approved in the area. Council discussion related to the road extension and impromnt through Macario Park, and the City paying its share for road improvements on City property. Council Yembers stated that they wanted additional information on traffic flows and traffic counts on Palomar Airport Road in the race track area, around Koll Corpany, Palomar Airport Road West, areas leading into Palomar Airport Road the entire length including maps with the counts. Council continued this item for two weeks for further Casler information regarding traffic flows and accurate Lewis traffic counts existing in the areas today, and when Kulch in improvements will be cmpleted. Chick X Pet t ine (105) 17. AB #8428 - PROJECT SEIXCTION FOR TWEXKEI YEAR COMMUNITY DEVELOPMENT BI.QCK GRANT. Chris Salomone, Cnmnity Redevelopment Manager, gave the staff report as contained in the Agenda Bill using a transparency to show the block grant area. Mr. Salomne called attention to the recomndations of the Housing and Redevelopment Advisory Codttee contained in the Agenda Bill. Mayor Casler opened the Public Hearing at 9:16 p.m., and issued the invitation to speak. Stephen Denshan, 3965 Monroe Avenue, spoke to Council stating his appreciation for the downtown improvements and streetscaping and recommended Council permit funds for the downtown bprovement . Since no one else wished to speak on this item the Public Hearing was closed at 9:18 p.m. Council questioned the cost of continuing with the streetscaping on Carlsbad Boulevard between Elm and Grand Avenue. Council continued this item for one week for further Casler X financial information regarding streetscaping costs. Lewis Kulchin Chick Pettine 36 8 ( m 0 MINUTES December 3, 1955 Page 9 \y 5 COUNCIL ?&% MEMBERS .;t I DEPARTPENTAL, AND CITY MANAaR REFIXI'S: 85) 18. AB #8429 - COW COURSE FEZSIBILTIY STUDY. I I Dave Bradstreet, Director of Parks and Recreation, gave the staff report on this item as mntained in the Agenda Bill. James A. Smith, 6725 Russelia Court, distributed, and read a report to Council Members prepared by a self- appointed mmittee comprised of Hank Litten, Jerry R.ornbotis and himself. They recommended a feasibility study be mrpleted immediately. Harold Litten, 7108 Santa Barbara, spoke in favor of the proposed feasibility study. Jack Stofer, 6550 Ponto Drive 8114, presented a petition from interested golfers stating the need for a public golf murse for Carlsbad. Harry Petridge, 7214 San Lucas, Lecture Gardens, told of the different groups that travel great distances each week to play golf and expressed support for the feasibility study. Charles Gibbon, 7109 Primrose Way, Spenerker Hills, spoke in favor of the feasibility study. Bernie Flinkle, 7307 San Bantolo, Lake Shore Gardens, spoke in favor of the feasibility study. George A. Fox, 4970 Via Marta, representing the Ch&r of Comnerce, spoke in favor of the feasibility study. David Juarez, 4120 Park Drive, spoke in favor of the feasibility study and requested staff to look into the negative aspects of privitization. Hannah Frost, :.OD Elox 4297, representing Carlsbad Convention & Vlsitors Bureau, stated that there was tremendous interest in a golf murse. Carlos Ramos, 3525 Sierra IWrena, representing the Southern California Mexican American Calf Association, spoke in favor of the feasibility study stating that it is difficult to find available courses to play qolf in the immediate area. Mike Dudley, SDG&E, responded to Council query stating that they were willing to conrmit to hiring a land use engineering consultant to do a long range master plan for the south lagoon area and hire a mrketing analyst to do a study on feasibility uses for south shore. He stated their position regarding a golf murse is neutral. r3/ n a MINUTES a - COUNCIL \v 5 39 "0 4 December 3, 1985 Page 10 MEMBERS Z. 7 Council directed that the golf murse feasibility Rulchin SDCXE reqardinq participation in the study, with the Lewis study be done now, and directed staff to wrk with x Casler Chick study being conpleted in 120 days. Pettine 19. AI3 #8430 - APPFOVZG OF CONSULTANT FOR CONSTRUCTION SUPEF?S7ISION SERVICES. Mayor Casler announced that Items 19-23 would be continued till the next meting. City Manager Frank Aleshire stated that the Item No. 22, the potential allocation of sales tax override, should be withdrawn. OFF-AGENDA ITEX: Extention of the tentative map for Carlsbad Hiqhland CT 82-12. Council aureed to discuss an off-agenda item regarding Kulchin Highland CT 82-12. Lewis the extension of the tentative mp for Carlsbad X Casler Chick Gene Donovan, City Engineer, gave the staff report on Pettine this item as contained in the Agenda Bill using a location mp to show the site. The 90 day period for Council to act ends December 7, 1985 necessitating action on this Item tonight. Mr. Donovan reprted that the developer is to met all obligations as far as the sewer and road requirements and if they cannot be met the final -mp will not be approved. Joe Gallaghher, 1165 Hoover, Leisure Technology, stated that he was not here to speak in favor of this project but he stated for the record their willingness to pay for design of Cannon Road fully improved from the City of Oceanside in their project to El Camino Real in Carlsbad. Douq Avis, representing Bieri-Avis, 11300 Sorrento Valley Road, San Diego, addressed Council stating they are just west of this project and they accepted Leisure Technology's offer to predesign the road and he stated that they had negotiated and were prepared to entered into a developers agreement. Motion was mde and seconded to adopt Resolution No. 8292, granting the extension of tentative map for Carlsbad Highland CT 82-12. Council Menhr Pettine stated that he would like to continue this matter for time to review the item Council amended Resolution No. 8292 to include the Casler findings of khe Land Use Review Conunittee as Lewis x conditions of approval €or the extension. Kulchin Chick Pettine 36 6 l a 0 MINUTES December 3, 1985 Page 11 OFF-AGENDA ITEM: (continued) Council adopted the following Xesolution: to include the finds of the Land Use fieview Committee as mnditions of approval: RESOLUTION NO. 8292, APPROVING AN EXTENSION OF TIlW FOR TENTATIVE MU? No. 82-1 2 INCLUDING PUD 42 SURJECT TO CERTAIN CONDITIONS, amended to include the findings of the Land Use Review Committee as conditions of approval. AGENDA ITEMS 19, 20, 21, AND 23: Council mntinued Item No. 19, 20, 21 I and 23 to the meeting of Decernber 10, 1985. AasouRNMENT: By proper mtion, the Meeting of Decexber 3, 1985 was adjourned at 10:38 p.m. Respectfully submitted, & B. R" ALETHA L. RAuTENKWNZ City Clerk 1 Harriett Babbitt Minutes Clerk 365 r \v 5 COUNCIL % % MEMBERS % f Casler Chick Kulchin Lewis x Pettine Casler Chick Kulchin Lewis X Pettine