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Home My WebLink About1986-02-18; City Council; Minutese MINUTES e Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: February 18, 1986 Place of Meeting: City Council Chambers ~~ CLOSED SESSION: 5:OO p.m. Council convened at 5:OO p.m., with all Council Members present . By unanimous concensus Council adjourned to a Closed Session to evaluate the performance of Council- appointed employees. Council reconvened at 6:13 p.m., with all Council Member and Mayor Casler announced a Closed Session had been held, starting at 5:OO p.m., to evaluate the performance of Council-appointed employees. Mayor Casler stated the majority of Council wished to reaffirm their confidence in the City Manager. They recognize it has been a difficult year in the history of Carlsbad. The growth and planning policies have brought stress to staff, management and the City Council. The problems mentioned recently were presented to the Council in open meetings, discussed and resolved. The City Manager always responded to the wishes of the Council majority. CALL TO ORDER: Mayor Casler called the meeting to order at 6:13 p.m. ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Casler, Lewis, Kulchin, Chick and Pettine. Absent - None. INVOCATION was given by Pastor Meeks of the American Lutheran Church. PLEDGE OF ALLEGIANCE was led by Council Member Lewis. APPROVAL OF MINUTES: The Minutes of the Regular Meeting held 3anuary 21, 1986, were approved as presented. .'1 CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 33 - \p * COUNCIL % PC1 MEMBERS % $ Casler Lewis x r Pettine 1 Chick x> Kulchin x Casler Lewis X X Pettine X Chick xx Kulchin X - 0 MINUTES 0 February 18, 1986 Page 2 1 CONSENT CALENDAR: (continued) (50) 1. AB 88517 - RATIFICATION OF DEMANDS AGAINST THE CITY. - Council ratified the payment of demands against the City in the amount of $4,169,608.73, for the period 3anuary 17 to 3anuary 31, 1986; Payroll demands in the amount of $822,570.27, for the period December 29, 1985 to January 26, 1986; and Housing demands in the amount of $81,539.60, for the period January 17 to 3anuary 31, 1986, I I 1 (50) 2. AB 118518 - REFUND OF FEES. Council approved the refund of $2,400 to Treetops Unlimited for withdrawal of their application on which no City work was done. (84) 3. AB 88042 - Supplement #I - PURCHASE OF OPTICOM TRAFFIC SIGNAL CONTROL SYSTEM. Council adopted RESOLUTION NO. 8405, authorizing the execution of a purchase order for the purchase of Opticom Traffic Signal Control System. (81) 4. AB +I8519 - ACCEPTANCE OF A PORTION OF ELM AVENUE, GLASGOW AND HARWICH DRIVE. Council adopted RESOLUTION NO. 8406, accepting a portion of right-of-way and slope rights for Elm Avenue, Glasgow Drive and Harwich Drive; and Council adopted RESOLUTION NO. 8407, accepting easements for drainage purposes along a portion of Elm Avenue and Glasgow Drive. I(81) 5. AB #8520 - ACCEPTANCE OF EASEMENTS, Council adopted RESOLUTION NO. 8408, accepting grant deeds from the Parking Authority conveying for sewer line and installation purposes, ingress and egress and incidental purposes. (81) 6. AB #8521 - ACCEPT DRAINAGE EASEMENTS ON CARLSBAD BOULEVARD. Council adopted RESOLUTION NO. 8409, accepting easements for storm drainage purposes on Carlsbad Boulevard. (99) 7. AB #8522 - EXCHANGE OF EASEMENTS FOR CARLSBAD (81) TRACT 83-7 - PUEBLO DE OR0 APARTFENTS. ~ I Council adopted RESOLUTION NO. 8410, accepting easements for sewer, water, drainage, public utilities and access purposes along a portion of Via Santus, Circolo Santiago and Via Francisca; and Council adopted RESOLUTION NO. 8411, quitclaiming easements for drainage purposes over a portion of the west side of Circolo Santiago and the south side of Via Francisca. I 7% 7- - COUNCIL \p 5 3 %' MEMBERS % $ MINUTES 0 - February 18, 1986 Page 3 I CONSENT CALENDAR: (continued) (97) 8. AB #a292 - Supplement If1 - AWARD OF CONTRACT FOR (45) FARADAY AVENUE. Council adopted RESOLUTION NO. 8412, accepting bids and authorizing the execution of Contract No. 3142 for the construction of Faraday Avenue. (97) 9. AB f8523 - 1985-86 STREET OVERLAY PROGRAM. Council adopted RESOLUTION NO. 8413, approving specifications and authorizing the City Clerk to advertise for bids for the 1985-86 Strket Overlay Program, Contract No. U/M-9. PUBLIC HEARINGS: (43) 10. AB 88524 - APPEAL - CONDITIONAL USE PERMIT FOR DEVELOPMENT OF ELEMENTARY SCHOOL ON VILLAGE M AND N OF THE CALAVERA HILLS MASTER PLAN - CUP-280. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the driveway proposed for the school. Mayor Casler opened the Public Hearing at 6:20 p.m., and issued the invitation to speak. William Davis, 2931 State College, Anaheim, Architect for the School District, addressed Council giving the background on this request, and used a copy of the map showing the driveway. Mr. Davis also referred to drawings showing the locations of the buildings, parking and the driveway. He explained the original driveway design, and the purpose of same. He continued stating since the Planning Commission meeting, they had learned it would be possible to put an access 150 feet north of Wilshire, an access across from Wilshire, and one south of Wilshire. Since no one else wished to speak on this Item, the Public Hearing was closed at 6:32 p.m. Council granted the appeal and directed the City Attorney's Office to prepare documents approving CUP-280, with the deletion of Condition No. 5. (57) 11. AB 1'8525 - GENERAL PLAN AMENDMENT AND ZONE CHANGE (113 1 - ALGA HILLS - GPA/LU 85-13/ZC-342. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a location map to show the site. I Mayor Casler opened the Public Hearing at 6:38 p.m., and issued the invitation to speak. I 3/ - COUNCIL \y 5 % % MEMBERS % $ Cas 1 er r Pettine r Chick r Kulchin 1 Lewis xr 0 MINUTES e ( I February 18, 1986 Page 4 PUBLIC HEARING: (continued) Bob Ladwig, Rick Engineering, representing the applicant, requested a continuance on the zone change and tentative maps; and stated he agreed with the RM general plan designation as proposed in the staff report. He stated continuina the zone change would allow staff time to bring the traffic study to Council for consideration. He stated the applicant wanted this project to conform with that study and asked the continuance for that reason. Council directed the City Attorney's Office to prepare documents approving GPA/LU 85-13. In response to query, Bob Ladwig stated the applicant was making no change to the tentative map, and no change had been proposed. However, if other things came along in the meantime to affect the density, even though it might be a small amount, it could affect the density on this project, and the applicant requested that the zone change be continued so the affect could be considered. City Attorney Vincent Biondo stated as a result of other recent actions by Council regarding density, there was a possibility that the project would not be able to be built without a redesign. Council continued ZC-342 until after receipt of the traffic study in the La Costa area. :99> 12. AB !I8391 - Supplement #I - REQUEST FOR TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - ALGA HILLS. Council returned CT 84-4l/PUD-77 to the Planning Commission for consideration after the traffic study. (113) 13. AB !I8526 - AMENDMENT TO SITE DEVELOPMENT PLAN FOR APARTMENT PROJECT - SDP 84-8(A) - BREHM. .. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a map to show the proposed buildings in this project. Mayor Casler opened the Public Hearing at 7:OO p.m., and issued the invitation to speak. Bill Hoover, Vice-president, Brehm Communities, 2835 Camino Del Rio South, Ste. 220, San Diego, distributed to Council copies of a comparison of the currently approved project and the proposed amendment. 30 - COUNCIL /$ 3 % MEMBERS % % Cas 1 er Lewis x; Pettine I Chick I Kulchin 1 I 1 7 I Casler Lewis x> Pettine x Chick Kulchin J Casler x Pettine F Chick )I Kulchin F Lewis XF - c 0 MINUTES 0 February 18, 1986 Page 5 ~ ~ ~~ ~ ~~ ~~ ~~ ~~ ~~~ PUBLIC HEARING: (continued) Mr. Hoover stated the applicant was concerned with the quality of life in Carlsbad and has tried to improve this project by reducing the density, increasing the landscaping, eliminating all three-story buildings. Mr. Hoover also requested exemption of this project from Ordinance No. 9791, stating all approvals had been obtained. There would be no further involvement with the Planning Department and this would not affect their workload. Since they have the final map, they should be allowed to proceed with this project. He stated they would agree to pay, pledge, or bond for a fair prorated share of the cost of a phasing element in that particular planning area. Since no one else wished to speak on this Item, the Public Hearing was closed at 7:05 p.m. Mike Holzmiller commented on the request for exemption, stating this was part of a project where single family homes, as well as an apartment site, were included. The 220 single family homes were built first and the map was submitted on that portion, creating the single family lots and one lot for the apartment site. Staff did not feel this project qualified as having a final map. This project was not under development and was not shown as a developing project. He stated he reviewed the site in the field and at this time was not prepared to make any different recommendation. This project is similiar to many other approved projects in the City that have not started development. In answer to query, staff indicated the project area had been graded, but no other construction had been started. The original project was approved in September 1984. If they had come in for the building permits prior to Ordinance No. 9791, they could have had building permits. However, they elected to go ahead with the single family portion of the development and decided to amend the previous site development plan. In November of 1985, they submitted an application for a site development plan. In answer to Council question regarding how many projects of this type existed in the La Costa area, staff answered possibily six to ten that would be in the same position as far as being allowed to proceed with the project. City Manager Frank Aleshire stated this was a question for the right to proceed that had not come up before, and he would like to discuss this with the City Attorney. He requested continuing the matter of exemption to allow staff to resolve the question of whether or not the applicant had the right to proceed. 69 COUNCIL \p % 3 2' MEMBERS % $ - e MINUTES e I ebruary 18, 1986 Page 6 -. (77) (28) City Attorney Mr. Biondo stated Council should not resolve the exemption question. He wanted to look at the Ordinance and discuss this with the Planning Director and make certain the Ordinance did apply. The amended site development plan should be studied and any additional information on the request for exemption could be acted on in two weeks. Council directed the City Attorney's Office to prepare documents approving SDP 84-8(A), and to report on the question of exemption of this project from Ordinance No. 9791. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:18 p.m., and reconvened at 8:58 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #8527 - AMENDMENT OF COASTAL PREMIT PROCEDURES FOR REDEVELOPMENT AREA. Chris Salomone, Community Redevelopment Manager, gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 9797, AMENDING TITLE 21, CHAPTER 21.81 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO COMPLY WITH CONDITIONS OF THE CONDITIONAL CERTIFICATION OF THE CARLSRAD VILLAGE AREA REDEVELOPMENT SEGMENT LOCAL COASTAL PROGRAM. (99) 15. AB /I7592 - Supplement 86 - REQUEST FOR EXEMPTION FROM ORDINANCE 9791 FOR PHASE 4 OF CT 83-21(A)/ PUD-57(A) - TREETOPS UNLIMITED. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency of the location map to indicate the project site. 3on Werner, representing Pacific Scene, 3900 Harney Street, San Diego, asked Council to support staff's recommendation. In response to Council query, City Manager Frank Aleshire stated the City does not have the full park dedication at this time. They have the streets around the park and the City has the southern portion of 8 acres and will grade as soon as possible. The remainder of the park has not yet come into the possession of the City and it is not known exactly when that dedication will be made. The City does have permission to grade the entire site, and it is hoped that the entire portion of the park will be available to the City and the park completed before the end of 1986. Council approved the following Resolution: RESOLUTION_NO,,8414, EXEMPTING PHASE IV OF CT 83- - A) rltbM THE PROVISIONS OF ORDINANCE NO. 9791. 68 " - I COUNCIL \v % * % MEMBERS % f Casler Lewis Kulchin Chick X Pettine Casler Lewis X Kulchin Chick Pettine Casler Lewis x: Kulchin Pettine Chick 0 M'I N UTES 0 - - February 18, 1986 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS : ( continued) (97) 16. AB 118528 - ELM AVENUE EXTENSION. Richard Allen, Engineering Department, gave the staff report as contained in the Agenda Bill using a transparency showing Elm Avenue with the proposed link. Sam Blick, Fairbanks Ranch Plaza, representing Multitech, addressed Council stating there had been several previous proposals on the Elm Avenue extension, but none had been accepted. He requested approval of the proposal as contained in the staff report. Archie Hicks, 1831 Valencia, President of the Village Merchants Association, stated the merchants are pleased this extension has a possibility of being built. He urged Council to approve the extension of Elm Avenue as proposed. Frankie Runzo, 355 Elm Avenue, stated she supported Mr. Hick's remarks. Bob Prescott, 3303 Belle Lane, spoke in favor of the proposed. He commented on the benefits to the City, including improving the circulation of the City. Roy Sanchez, 3482 Roosevelt, spoke in favor of the Elm Avenue extension, stating this would relieve traffic on Tamarack and other major arteries of the City. Bob Sherman, 3455 Charter Oak Drive, stated this had been a painful process and the City had given up density on this project to get this Elm Avenue extension. He stated the feasibility for an assessment district had been approved. He would like to see a lower figure for the City's portion rather than the proposed amount. Mr. Sherman stated the City should participate in the condemnation and whatever financing of the condemnation there is should come out of the developers portion. He urged a cap on the entire amount of money to be spent by the City. 3im Gaiser, 3340 Ridgecrest, stated a much higher density was given to the prior owner to build the extension of Elm Avenue. An assessment district had been proposed but no results have been seen. He wanted the City to place a limit on the amount of money to be spent. Mayor Casler stated she had received several letters, including one from the Carlsbad Unified School District, requesting the construction of Elm Avenue. In answer to Council auery regarding the applicants feeling about the City putting a cap on their expenditures on the Elm Avenue extension, Mr. Blick stated the aplicant has control over the construction but has no control over the condemnation. 67 - \p 5 COUNCIL 3 'PC MEMBERS % f I - . 0 MINUTES 0 (70) (45) (85) (70) (40) February 18, 1986 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Pettine and Lewis expressed concern referring to the previous density bonus given to the previous property owner in 1984 due to the requirement for the developer to complete the Elm Avenue extension. Mayor Casler stated she felt the City must do the condemnation. She was willing to set a cap of expenditures of not more than the $394,000 stated in the Agenda Bill. The applicant stated a willingness to negotiate. Council Member Lewis made a motion to have the City expend no more than $170,000 on the Elm Avenue extension. Council Member Pettine seconded the motion. Mayor Casler stated she wanted Elm Avenue in and she believed the City had an obligation. Council Member Pettine stated if Council Member Lewis would withdraw his motion, he would make a motion to continue this item. The motion was withdrawn. Council sent the Item back to staff for renegotiations. Council continued the remainder of the Items on the Agenda to the Meeting of February 25, 1986. 17. A0 618438 - Supplement 611 - AWARD OF CONTRACT FOR SITE IMPROVEMENTS AND COMMUNITY CENTER AT STAGECOACH PARK. This Item was continued for one week. 18. AB 6,8529 - COMMITTEE SELECTION TO ASSIST WITH THE GOLF COURSE FEASIBILITY STUDY. ~~~~~~~ ~~ ~ ~ ~ ~ This Item was continued for one week. 19. A0 88530 - ESTABLISHMENT OF ARCHITECTUARAL FEASIBILITY STUDY COMMITTEE FOR THE SENIOR. CITIZENS CENTER. This Item was continued for one week. 20. AB /I8369 - Supplement 83 - ACQUISITION OF SPACE FOR BUILDING, PLANNING AND ENGINEERING DEPARTMENTS. This Item was continued for one week. 66 \p % COUNCIL % 9A. MEMBERS % 9 7 Casler X) Pettine 1 Chick J Kulchin 1 Lewis ) Casler x Lewis x Kulchin x Chick x Pettine XF ' e MINUTES a February 18, 1986 Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) :28) 21. MEMORANDUM FROM COUNCIL MEMBER PETTINE REGARDING SENIOR CITIZEN' LUNCH PROGRAM. This Item was continued for one week. :371 22. MEMORANDUM FROM COUNCIL MEMBER PETTINE REGARDING NORTH COUNTY REGIONAL PLANNING BOARD. ~ ~~ ~~ ~~ ~~- ~ ~~~~ ~ ~- _~~_ This Item was continued for one week. :991 23. AB #8426 - Supplement 81 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 85-10/PUD-81 - RICE PROPERTY . This Item was continued for one week. [SO) 24. REPORT ON CITY INVESTMENTS. This Item was continued for one week. AD30URNMENT: By proper motion, the Meeting of February 18, 1986, was adjourned at 1O:OO p.m. Respectfully submitted, w L-R- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB/ tc 65 - \p 5 COUNCIL % 9A MEMBERS % $ I