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HomeMy WebLinkAbout1986-05-13; City Council; Minutes'I MINUTES 0 I Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: May 13, 1986 Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Casler called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Casler, Lewis, Kulchin, Chick and Pettine. Absent - None. PRESENTATIONS: Mayor Casler read a Proclamation declaring the week of May 18-24, 1986, as llNational Public Works Week". The Proclamation was received by Ron Beckman, President, Institute of Administrative Management. Mayor Casler read a Proclamation declaring the week of May 18-24, 1986, as "Traffic Safety Week". The Proclamation was accepted by Police Chief Vincent 3imno. Police Chief 3imno stated there were-six individuals in the Police Department to be recognized and honored this evening. These Police Department employees and officers were honored for their roles during a hostage situation last February 6, at Plaza Camino Real. He announced Lydia Marquez, Records Clerk, had been selected Employee of the Month. She was awarded a Commendation from the Department for her outstanding performance during this crisis. Communications Officer Patricia Zavala was also given a Commendation for her performance during that same crisis. Sergeant Jimmy Byler and Senior Officer Done1 Sisselberger were both given Commendations for their part in the hostage crisis. Officers Ramon Trujillo and Arthur Viera both received Purple Hearts and Citations from Police Chief 3imno, establishing a new tradition for City Police Officers wounded in action. CONSENT CALENDAR: Council Member Chick asked to have Items 1, 4 and 5 withdrawn from the Consent Calendar. Council affirmed the action of the Consent Calendar with the exception of Items 1, 4, and 5, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. IS 5 - COUNCIL \p 5 % pl' MEMBERS % % Casler X Pettine X Chick xx Kulchin X Lewis X I \ COUNCIL MEMBERS Casler Lewis Kulchin Chick Pettine I X X xx X X ( ( ( ( ( ( ( ( a MINUTES 0 May 13, 1986 Page 2 ~ ~~ - CONSENT CALENDAR: (continued) % :70) 1. AB 118311 - Supplement !!4 - STAGECOACH PARK GRADING :451 NOTICE OF COMPLETION - (PR03ECT NO. 3191). This item was withdrawn from the Consent Calendar. '107) 2. AB 118618 - SUMMARY VACATION FOR DOLPHIN COURT. .". Council adopted RESOLUTION NO. 8553, summarily vacating an easement over Dolphin Court. :62) 3. AB W8619 - SUPPORT ASSEMBLY BILL 3461 (STIRLING). C'ouncil adopted RESOlUTION NO. 8554, in support of Assembly Bill 3461: to allow greater flexibility for the removal of unsafe commercial vehicles from highways. :37) 4. AB 118620 - AJDS PR03ECT. This item was withdrawn from the Consent Calendar. :as> 5. AB 1\81 19 - Supplement 1'125 - PURCHASE OF ,451 . .. FURNISHINGS FOR CARLSBAD PUBLIC SAFETY AND SERVICE CENTER. This item was withdrawn from the Consent Calendar. ". :64) 6. AB I18621 - STREET LIGHTING DISTRICT A?. Council adopted RESOLUTION NO. 8557, ordering the preparation of plans, specifications, cost 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 of a district and for the annexation of additional territory to said existing district; and Council-adopted RESOLUTION NO. 8558, approving the Engineer's "Report" for annual levy of assessment for fiscal year in a district within said city and for the annexation of additional territory to said existing district; and Council adopted RESOLUTION NO. 8559, declaring its intention to order the annexation of additional territory to an existing district and to provide for an annual levy and collection of assessments for certain maintenance in an existing district, pursuant to the provisions of Decision 15, Part 2 of the Streets and Highways Code of the State of California, and setting a time and place for Public Hearing thereon. 194 I y 5 COUNCIL 3 9A MEMBERS % 6 I I I 0 MINUTES 0 May 13, 1986 Page 3 . (70) (45) (37) . ”, (85) (45) (114) ITEMS WITHDRAWN FROM THE CONSENT CALENDAR: 1. AB 8831 1 - Supplement #4 - STAGECOACH PARK GRADING NOTICE OF COMPLETION - (PR03ECT.NO. ,3191). Council Member Chick asked staff for an explanation of the costs, and Dave Bradstreet, Parks and Recreation Director,, gave the cost breakdown. Assistant City Manager Ray Patchett stated this Agenda Bill does not address the additional costs relating to the change orders. That has not been resolved at this time. Council, by Minute Motion, accepted the construction of Stagecoach Park grading as complete, directed payment of the remaining retention as required by the applicable provisions with the civil code (stop notice procedure); directed the City Clerk to have the Notice of Completion recorded, release the Faithful Performance Bond 35 days after recordation, but not release the Labor and Material Bond. 4. AB 88620 - AIDS PROJECT. 3 Council Member Chick expressed the opinion that this is not an appropriate expenditure of City funds. He stated it is a County matter and should be funded by the. County. Council adopted the following Resolution: RESOLUTION NO,. 8555, AUTHORIZING A PAYMENT TO THE SAN DIEGO AIDS PROJECT. 5. AB %8119 - Supplement 1/25 - PURCHASE OF FURNISHINGS FOR CARLSBAD PUBLIC SAFETY AND SERVICE CENTER. Council Member Chick inquired concerning the budgeted amount for furnishings, and City Manager Frank Aleshire stated this was the budgeted amount. Council adopted the following Resolution: RESOLUTION NO. 8556, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF PURCHASE ORDERS FOR THE PURCHASE OF FURNISHINGS FOR THE CARLSBAD PUBLIC SAFETY AND SERVICE CENTER. ORDINANCE FOR ADOPTION: / 7. AB #/8615 - REVISIONS TO PARKING REQUIREMENTS - ZCA-187 - CITY OF CARLSBAD. ~ ~~~-~ Council adopted the following Ordinance: ORDINAMCE NO. 9804, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL.CODE BY THE AMENDMENT OF CHAPTER 21.18, SECTION 21.18.045(e)(1); CHAPTER 21.21, SECTION 21.21.140(1); CHAPTER 21.37, SECTION 21.37.100(13); CHAPTER 21.45, SECTION 21.45.090(d)(2); THE REPEAL OF CHAPTER 21.24, SECTION 21.24.140; THE RECODIFICATION OF CHAPTER 21.44, SECTION 21.44.010-21.44.110 INCLUSIVE AND 21.44.220-21.44.240 INCLUSIVE AS CHAPTER 21 .53 AND BY THE REVISION OF CHAPTER 21.44 TO REVISE AND CLARIFY THE CITY’S PARKING REQUIREMENTS. 193 - COUNCIL y % .$: % MEMBERS % % Casler Chick X Kulchin X Lewis xx X Pettine X Casler X Pettine Chick X Kulchin X Lewis xx Casler X Pettine xx Chick X Kulchin X Lewis X Casler Chick xx Kulchin X Lewis X X Pettine X 0 MINUTES 0 ( ( May 13, 1986 Page 4 PUBLIC HEARINGS: 99) 8. AB /I8391 - Supplement #2 - TENTATIVE MAP, ZONE 113) CHANGE AND PLANNED UNIT DEVELOPMENT - CT 84- 41/PUD-77/ZC-342 - ALGA HILLS. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, calling attention to the memorandum attached to the packet indicating conditions added to conform with recent Council policies. A transparency was used to show the site and wall maps to show the landscape plan and recreational areas. Mr. Grimm indicated the only remaining unresolved issue was access. The applicants proposal would cul-de-sac the collector street having only the single family units access onto Alicante Road. The remainder of the traffic would access to Alga Road, where there would be a median break and a traffic signal. Approximately midway of the project, on Alga Road, there would be a right turn in and out provided. Staff's proposal would have the street access on Alicante Road, with the bulk of the traffic using the signal at Alicante Road and Alga Road. Mr. Grimm stated staff could not support the applicant's circulation system as proposed. The sight distance for the signal at Alga Road was a source of concern for staff. RECESS : Mayor Casler declared a recess at 6:37 p.m., due to a power failure. Council reconvened at 7:11 p.m., with all Members present. PUBLIC HEARINGS: (continued) 8. AB %8391 - Supplement #2 - TENTATIVE MAP, ZONE 41/PUDr77/ZC-342 .- ALGA HILLS. (continued) CHANGE AND PLANNED UNIT DEVELOPMENT - CT 84- Mr. Grimm continued the staff report, restating staff's concern over sight distances at the proposed signal on Alga Road. This would also violate the 1,200 foot space policy of the City by the inclusion of a right turn in and out at approximately one half the distance of the Alga Road frontage. In answer to query, Mike Holzmiller explained the right turn in and out on Alga Road would be necessary if the collector road were a cul-de-sac. This would exceed City standards for the number of units planned, requiring two accesses. Mayor Casler opened the Public Hearing at 7:17 p.m., and issued the invitation to speak. Bob Ladwig, Rick Engineering, reiterated the numerous changes made in this project. Mr. Ladwig used the maps to indicate the circulation proposed by the applicant. He indicated the right turn idright turn out as well as the cul-de-sac area by Alicante Road. Mr. Ladwig added there is an existing median break at the location where the applicant had proposed the traffic signal. J9& 7 COUNCIL /p ?5 ?i MEMBERS % % 0 MINUTES 0 - - May 13, 1986 Page 5 ~ ~~-~ PUBLIC HEARIWGS: (continued) In answer to Council query, Mr. Ladwig stated there is not a site distance problem with the developer proposed access and the signal. D. Kleinman, 7019 Alicante Road, addressed Council stating the residents on Alicante Road will be impacted by the traffic circulation of this project. He stated the neighbors are in favor of the cul-de- sacing of the collector street in the project. He stated he would like this project to go forward as quickly as possible. Mr. Kleinman stated the developer was willing to install the traffic signal on Alga Road. With that traffic signal, and the cul-de- sacing, all of the concerns of the neighbors would be mitigated. Marlene Pomerantz, 7035 Alicante Road, representing the La Costa Awareness Group, agreed with Mr. Kleinman in favor of the applicants proposal. Since no one else wished to speak on this item, the Public Hearing was closed at 7:28 p.m. Council Member Lewis questioned the right turn in and out safety, and Kent Sears, Traffic Engineer, stated the cul-de-sac would eliminate a large portion of the traffic on Alicante Road. The impact, if the cul-de- sac were not there, would be very acceptable as far as the level of traffic. With the cul-de-sac, there is a necessity for the median opening and a signal. Also a right turn in and out access would be necessary. Mr. Sears added there would be increased accidents at the site of the traffic signal. Mr. Sears continued, stating the median would be closed under staff's recommendation and the majority of the new residents would use Alicante Road. Staff would like to concentrate the traffic onto that street . Mike Holzmiller stated the issue is with the median break. Under staff's proposal, there would be no median break, and all the traffic would go onto Alicante Road. If the median break is left there, there must be a signal. Council Member Chick inquired whether acceleration and deceleration lanes would be provided. Discussion indicated this was not shown on the maps; however, there is sufficient width in Alga Road to allow for acceleration and deceleration lanes. Council Member Pettine inquired about the Phasing Program, and Mr. Holzmiller answered this project is in Zone 6. As part of that program, the circulation would have to be addressed and the issues that exist in terms of circulation for the entire area. There is no phasing program for this area at the present time. Staff is starting to work on that program. This project had been submitted before a phasing program was necessary, so that is not part of their application. 191 c \y 5 COUNCIL ?$ % MEMBERS % 8 MINUTES 0 - - May 13, 1986 Page 6 PUBLIC HEARINGS: (continued) This application would be reviewed on its merits and its compliance with the zoning and subdivision standards that now are in force as a result of the Management Program. Approval tonight would not allow this project to be built. Mayor Casler stated the Bridge and Thoroughfare District being proposed should be also included in the conditions for this project. Council discussed the two proposals for access. Discussion also reflected a need for the acceleration/deceleration lanes if the developers proposal regarding access were approved. Council Member Lewis stated he supported staff's recommendation and objected to the cul-de-sac as a safety factor. Council Member Pettine stated he was concerned about improvements on La Costa Avenue before this project was in place. If the Bridge and Thoroughfare District did not work, and there was no certainty that it would succeed, he wanted to have the facilities in place first. If the conditions were spelled out more precisely, he stated he could support the project. Council adopted the Negative Declaration issued by the Planning Director. Council introduced the following Ordinance: ORDINANCE NO. 9796, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A ZONE LOCATED ON THE SOUTHEAST CORNER OF ALGA ROAD AND ALICANTE ROAD. Council Member Kulchin made a motion to approve CT 84- 41/PUD-77, with Proposal B, the cul-de-sac. Council Member Lewis reiterated, for the record, that he would like to support the project, but could not support the developer's proposed access for safety reasons. Council Member Pettine stated he had no problem with the merits of the project. His negative vote will be based on the fact that the improvements should be conditioned on the project. Council directed the City Attorney's Office to prepare documents approving CT 84-4llPUD-77 with Alternative 8, the applicant's/citizen's proposal, to cul-de-sac the collector street through the project; and a right turn in and out access to be provided on Alga Road with acceleration/deceleration lanes provided the traffic signal at the median break on Alga Road will include all necessary warning signs and/or other requirements as specified by Engineering to be installed. CHANGE FROM RD-M TO RD-M-5 ON PROPERTY GENERALLY RO - COUNCIL /j 3 % MEMBERS % % Casler Kulchin Lewis x; Chick Pettine Casler ) Lewis ) Kulchin X) Chick Pettine 1 \ Casler Pettine X Chick xx Kulchin Lewis r - - ( e MINUTES 0 May 13, 1986 Page 7 PUBLIC HEARINGS: ( continued) 113) 9. A6 {I8622 - REQUEST FOR SITE DEVELOPMENT PLAN - SDP 85-11 - ALJCANTE VIEW APARTMENTS. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site, and wall charts to indicate the landscape concept plan and elevations. Mayor Casler opened the Public Hearing at 8:16 p.m., and issued the invitation to speak. Nick Banche, Attorney, 810 Mission Avenue, Oceanside, representing the applicant, addressed Council stating the project meets or exceeds all City standards; the traffic study says the project has a negligible impact on traffic; and the project will pay all fees recently assessed. This project is still susceptible to the Growth Management Program, PFF fees and the Moratorium. In conclusion, he requested approval. Mr. Kleinman, 7019 Alicante Road, stated he was not aware of the amenities include in this project and was concerned of the aesthetics of the project, or what could be viewed from the top. He stated the project is described as better than those in place at the present time, but only slightly better. Mr. Kleinman commented on the high density and stated the traffic would be impacted and create a dangerous situation. Mr. Banche, speaking in rebuttal, stated there was no evidence of any kind to justify denying this project. This project is compatible with multi-family uses and there is no way a better project could be proposed for this area. Since no one else wished to speak on this item, the Public Hearing was closed at 8:25 p.m. Following brief discussion, Council directed the City Attorney's Office to prepare documents approving SDP 85-11, and include the changes presented in the memorandum from the Planning Director reflecting recent Traffic and Public Facilities Fees changes by Council. RECESS : Mayor Casler declared a recess at 8:33 p.m., and Council reconvened at 8:40 p.m., with all Members present. PUBLIC HEARINGS: (continued) (99) 10. AB %a427 - Supplement #3 - REQUEST FOR INDUSTRIAL SUBDIVISION - ~1.85-24 - CARLSBAD RESEARCH CENTER (KOLL). Marty Orenyak, Community Development Director, gave the staff report as contained in the Agenda Bill, using a location map to show the site. /89 - \y 5 COUNCIL % % MEMBERS % q r Casler Pettine XI Chick Kulchin r Lewis r - Y ( 0 0 MINUTES May 13, 1986 Page 8 PUBLIC HEARINGS: (continued) Kent Sears, Traffic Engineer, referred to the exhibits contained in the traffic report packet, and explained some. Mayor Casler opened the Public Hearing at 8:52 p.m., and issued the invitation to speak. Bernie Fipp, Koll Company, addressed Council stating there were no concerns with the five changes in the conditions mentioned by Mr. Orenyak. He requested approval. Since no one else wished to speak on this item, the Public Hearing was closed at 8:54 p.m. It was noted that the new conditions supersede the conditions contained in the letter dated April 2, 1986 from Mike Dunigan of Koll Company. Council directed the City Attorney's Office to prepare documents approving CT 85-24 per Planning Commission Resolution No. 2508, including the additional conditions recommended by staff. DEPARTMENTAL AND CITY MANAGER REPORTS: :99> 11. 1 AB 118623 - REVISIONS TO CARLSBAD MUNICIPAL CODE TO IMPLEMENT AMENDMENT TO THE SUBDIVISION MAP ACT. A City Attorney Vincent Biondo gave the staff report as contained in the Agenda Bill. Bob Ladwig, Rick Engineering, expressed agreement with the recommended changes. Council introduced the following Ordinance: ORDINANCE NO. 9806, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO IMPLEMENT CHANGES MADE TO THE SUBDIVISION MAP ACT DURING THE 1985 LEGISLATIVE SESSION. (67) 12. AB 88624 - TECHNICAL CHANGES TO ZONING ORDINANCE. \ City Attorney Vincent Biondo gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 9807, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTERS 21.04 AND 21.54 TO MAKE A TECHNICAL AMENDMENT TO THE ZONING ORDINANCE BECAUSE OF THE CHANGE OF TITLE FROM LAND USE PLANNING MANAGER TO PLANNING DIRECTOR AND TO ESTABLISH AN APPEAL PROCEDURE FOR PLANNING DIRECTOR DECISIONS. (29) 13. AB 118625 - 1986-87 OPERATING BUDGET. Mayor Casler announced with the approval of Council, this item would be trailed until the end of the meeting. Council concurred. I88 - COUNCIL y$ 3 % MEMBERS % 9 1 Casler Pettine I Chick I Kulchin x; Lewis I 7 1 1 I Casler Lewis r x Pettine j Chick x> Kulchin r Casler Lewis X X Pettine xx Chick x Kulchin X - e MINUTES 0 - (29) (26) May 13, 1986 Page 9 DEPAPTMENTAL AND CITY MANAGER REPORTS: (continued) 14. AB 118628. - COMMITTEE TO REVIEW COMMUNITY SERVICE BUDGET REQUEST FOR 1986-87. City Manager Frank Aleshire gave the staff report. Mayor Casler indicated she would contact the same persons who served on the Committee last year. It was agreed it should be a: five-member committee instead of three, with the names to be inserted as soon as possible. Council adopted the following Resolution: RESOLUTION NO. 8552, APPOINTING FIVE MEMBERS TO THE COMMUNITY SERVICES BUDGET REQUESTS COMMITTEE. Council concurred that $44,000 would be the amount to be allocated to the community services requested. 15. AB 88559 - Supplement #I - CANNON ROAD ASSESSMENT DISTRICT WORKSHOP. Assistant City Manager Ray Patchett gave the staff report as contained in the Agenda Bill with Marty Orenyak assisting in the explanation for the workshop. Doug Avis, Bieri-Avis, 11300 Sorrento Valley Road, stated his partner and he were processing two projects in this area and he felt the issues had been pinpointed by staff and concerns mitigated. Mr. Avis stated the Local Coastal Plan would need to be amended if a fill were to be used instead of a bridge. He stated the City was looking for the best way to cross the creek, and a fill, with the appropriate mitigation, would be the best solution. The majority of the work would be in the riparian area, but it is not a wetland. All of the improvements are above the 12-foot gradiant. Mr. Bieri stated their desire to work with the City noting they would carry the financial burden and time burden and work with staff to get an LCP amendment. Bill Schainker, representing Kelly Ranch, addressed Council stating they have been waiting a long time for this improvement. He referred to the agreement in the packet signed by the people wishing to participate in this District. He supported all five items recommended by staff and expressed the desire of Kelly Ranch to work with the City to achieve this District. Mayor Casler stated she was concerned about the fill versus the bridge span. City Manager Frank Aleshire stated City staff is working with the applicant to present the proposal to use fill to the Coastal Staff. There is no assurance the Coastal Commission would approve fill for this project rather than a bridge. If the bridge is required, the developers would not finance that. That would come back to Council and the cost would be approximately 4 or 5 million dollars. 187 COUNCIL I$ ?? 3 MEMBERS % 9 Casler Lewis Kulchin Pettine Chick x - rl) MINUTES 0 May 13, 1986 Page 10 I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Chick inquired why the City was dealing with the Coastal Commission rather than the developers. Mike Holzmiller answered the City must be the applicant for an amendment to the LCP. Council Member Chick stated he felt the developer should be pursuing this rather than the City, and Council concurred. Council directed staff to bring the developer's proposal before the Project Review Committe in accordance with Council Policy 33; and staff was directed to include $3.1 million dollars in the PFF credits in the proposed District. Council Member Pettine stated he wished the record to reflect that he is concerned and reserves judgment on the cost spread on this. However, he is willing to go along with this District and let staff look at the matter. (29) 13. AB f8625 - 1986-87 OPERATING BUDGET. 3im Elliot, Finance Director, gave a brief overview of the proposed 1986-87 Operating Budget using transparencies to indicate the graphics as contained in .the packet. No action was required or taken at this time. ADDITIONAL BUSINESS - CITY MANAGER: "- " City Manager Frank Aleshire distributed copies of a report on the result of the Board of Supervisors' meeting on Wednesday. The Board approved the annexation of all the county islands to the City. The process will take approximately six months to complete. The Board approved the increased density for the parcels on Olivenhain and El Camino Real and required certain improvements to those two streets before final permits would be issued. The City Manager stated staff had a meeting on Friday to deal with the Growth Management Program and they requested Council hold a workshop to discuss the Growth Management Program. Council discussion determined the workshop would be held on May 27, 1986, and the budget would be heard at the 3une 3rd meeting. OFF-AGENDA ITEM: (48) November " 1986 Election Council Member Lewis stated he had a statement to be considered for placement on the ballot in November. He read -the statement and stated copies would be given to Council Members to study. 186 l- COUNCIL I$ 3 % ' MEMBERS % % Casler X Pettine X Chick X Kulchin X Lewis xx . e MINUTES 0 May 13, 1986 /p Page 11 COUNCIL 3 % ' MEMBERS % % AD30URNMENT: By proper motion the Meeting of May 13, 1986, was adjourned at 10:30 p.m.to Monday, May 19, at 6:OO p.m., at the Carlsbad Inn, for a joint meeting with the Housing and Redevelopment Advisory Committee and the Design Review Board. Respectfully submitted, &/% ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tc 185