HomeMy WebLinkAbout1986-07-01; City Council; Minutes2 0 MINUTES 0
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: July 1, 1986
Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers
CALL TO ORDER:
Mayor Casler called the Meeting to order at 6:OO p.m.
I 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 Reverend David Capuchin0 of
Christ the King Orthodox Catholic Church. I PLEDGE OF ALLEGIANCE was led by City Attorney Vincent
Biondo.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar, as
follows:
I WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinance
and Resolutions at this Meeting.
I (25) 1. AB /I8675 - LEGISLATION - LAFCO INITIATION OF
(62) ANNEXATION.
Council, by minute motion, opposed Assembly Bill
3236 regarding modification of laws governing local
agency formation commissions, and directed staff to
send a letter of opposition.
(81) 2. AB 87817- Supplement #2 - ACCEPTANCE OF STORM DRAIN
EASEMENT.
Council adopted RESOLUTION NO. 8633, accepting a
grant deed from Birtcher Business Center - Corporate Palomar Phase 11 conveying an easement
for storm drain purposes adjacent to the southerly
right-of-way at Palomar Airport Road.
(26) 3. AB 118483 - Supplement 113 - ESTABLISHING A FEE FOR REAPPORTIONING JAMES DRIVE ASSESSMENT DISTRICT NO. 83- ~. "
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Council adopted RESOLUTION NO. 8634, establishing a
fee for processing land and assessment divisions
pursuant to the provisions of the "Improvement Act
of 1911".
(23) 4. AB 88676 - FUNDING FOR PUBLIC ART SCULPTURE.
Council adopted RESOLUTION NO. 8635, authorizing
expenditures from the Civic Arts Fund as mandated
by Ordinance No. 1279.
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COUNCIL v$p % yC
MEMBERS % %
Casler
X Pettine
X Chick
xx Kulchin
X Lewis
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(37)
(107)
(77)
(45)
(37)
(37)
(81)
(45)
(77)
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CONSENT CALENDAR: (continued) I
4. AB {I8677 - ACCEPTANCE OF WATERLINE EASEMENT. I
Council adopted RESOLUTION NO. 8636, accepting a
grant deed from Kaiser Development Company
conveying an easement for waterline purposes over a
portion of the southeast corner of Palomar Airport
Road and Camino Yida Roble.
6. AB 88678 - LEGISLATION - SITING OF COUNTY 3AIL. I
Council adopted RESOLUTION NO. 8637, in support of
local approval for county detention facilities.
7. AB /I8679 - 1986-87 COMPENSATION PLAN FOR COUNCIL-
APPOINTED OFFICIALS.
Council adopted RESOLUTION NO. 8638, adopting a
compensation plan for Council-amointed officials .. for’ the 1986-87 fiscal year.
8. AB 88680 - STREET VACATION FOR LOGANBERRY DRIVE.
Council adopted RESOLUTION NO. 8639, declaring its
intention to vacate Loganberry Drive, and setting
the matter to public hearing on 3uly 15, 1986.
9. AB /I8681 - AGREEMENT TO PAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM.
Council adopted RESOLUTION NO. 8640, approving an
agreement to pay fees for facilities and
improvements required by growth management system.
IO. AB /I8682 - CONGRATULATIONS TO THE CITY OF SOLANA
BEACH. I
Council adopted RESOLUTION NO. 8641, extending
congratulations to the City Council of the City of
Solana Beach.
11. AB #8683 - CONGRATULATIONS TO THE CITY OF
ENCINITAS.
Council adopted RESOLUTION NO. 8642, extending
congratulations to the City Council of the City of
Encinitas.
12. AB 88119 - Supplement f29 - AMENDING PAVING
CONTRACT FOR SAFETY CENTER.
Council adopted RESOLUTION NO. 8643, approving an
amendment to contract no. 3006-IF paving for the
Carlsbad Safety and Service Center.
ORDINANCES FOR ADOPTION:
13. AB 98661 - Supplement #I - GROWTH MANAGEMENT ORDINANCE.
Council adopted the following Ordinance: I
ORDINANCE NO. 9808, AMENDING TITLE 21 OF THE CARLSBAD
P!YA@!kkIN8 A GROWTH MANAGEMENT PROGRAM FOR THE CITY. A C DE BY THE ADDITION OF CHAPTER 21.90
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ORDINANCES FOR ADOPTION: (continued)
14. A8 8673 - SETTING APPLICATION FEE FOR WORK IN CITY
RIGHT-OF-WAY.
Council adopted the following Ordinance:
ORDINANCE NO. 7070, AMENDING TITLE 11, CHAPTER
11.16. SECTION 11.16.040 OF THE CARLSBAD MUNICIPAL CODE
BY THE REVISION OF THE METHOD FOR ESTABLISHING THE
APPLICATION FEE FOR WORK IN THE PUBLIC RIGHT-OF-WAY.
15. AB ##8384 - Supplement f2 - EXTENDING THE TIME FOR
DOOR-TO-DOOR SOLICITATION OR CANVASSING.
Council adopted the following Ordinance:
ORDINANCE N0.6079, AMENDING TITLE 8, CHAPTER 8.32, m 8.32.050 OF THE CARLSBAD MUNICIPAL CODE TO
EXTEND THE TIME PERIOD FOR COMMERCIAL AND NONCOMMERCIAL
PEDDLING, SOLICITING, VENDING OR CANVASSING FROM 6:OO
P.M. TO 9:OO P.M. DURING THE MONTHS FROM MAY 1 THROUGH
OCTOBER 31.
PUBLIC HEARINGS:
16. AB ##8684 - APPEAL OF PLANNING COMMISSION DENIAL
SDP 83-1 //V-3/3.
~
Charles Grimm, Assistant Planning Director, gave the
staff report as contained in the Agenda Bill, using a
transparency to show the site and wall chart drawings
to show the elevation of the building. He explained the
extension of the garage area to allow for five covered
parking spaces.
In answer to Council query, Mr. Grimm stated the
Planning Commission had not suggested any modification
to the building, except to reduce the massiveness. The
applicant did not want to redesign the building and
requested a denial by the Planning Commission to allow for an appeal to the Council. Mr. Grimm stated there
are two uncovered parking spaces and an unpaved stone
area at the present time. With the remodel, there
would be five covered parking spaces.
Mayor Casler opened the public hearing at 6:14 p.m.,
and issued the invitation to speak.
Nick Banche, 810 Mission Avenue, Oceanside,
representing the applicant, addressed Council stating the original staff report had recommended approval.
Mr. Banche distributed copies of the Planning
Commission Meeting Minutes showing the discussion on
this item. The applicant was not violating
any requirements, and had only asked for one variance
of a 45 percent limitation on one parking space for a
compact car.
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PUBLIC HEARINGS: (continued)
Mr. Banche continued, stating that all of a sudden
the word "massiveness" came into the discussion, and the project was denied. The Beach Overlay Zone stated a wide variety of architecture types was desired in the
beach area, including single family homes and duplexes.
This would be a tudor-style type of architecture, and
would be an improvement to the area. Mr. Banche concluded, stating there was no evidence to support the denial and he requested Council grant the appeal.
Endre Algover, 2650 Ocean Street, addressed Council in
opposition to this project, stating his Mother and he
live across the street from this address. This
project, as proposed, would take away their view of
the Pacific Ocean and he felt would have a negative
impact on the area.
Mario Monroy, 3610 Carlsbad Boulevard, spoke
representing the Beach Erosion Committee, stating he
thought the 25 foot height limitation in the Beach Area, also limited a building to two stories. This
building was actually three stories high. Mr. Grimm
answered the basement area did not count as a story, making this building a two-story building within the 25 foot limitation. Mr. Monroy stated the findings of
the TAC Committee would be available within the next two or three weeks.
Dennis Brenner, Ocean Street, spoke in favor of this project, stating Mr. Algover's home blocked the view
of the people living on the street east of him. This project was a good improvement to an expensive lot, which justified a quality structure.
David Easterbrook, 2623 Ocean Street, spoke in favor of
the project, since this will take out older, obsolete
properties on the street, and improve the neighborhood.
Mr. Banche spoke in rebuttal, reiterating the applicant
has satisfied all requirements and paid an architect to
design a good plan. He requested approval.
Since no one else wished to speak on this item, the
public hearing was closed at 6:36 p.m.
Council comments reflected the opinion that the project
would be a significant improvement to the area.
Council Member Kulchin stated she would not support
this project until the report by the TAC Committee is submitted.
Council directed the City Attorney to return with Cas ler xx
documents with appropriate conditions granting the Lewis X
appeal and approving SDP 85-17/V-373. Kulchin Chick X
Pettine X
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PUBLIC HEARINGS: (continued)
(26) 17. AB 58495 - Supplement #7 - PALOMAR AIRPORT ROAD
WEST ASSESSMENT DISTRICT.
Assistant City Manager Ray Patchett gave the initial
report as contained in the Agenda Bill. A transparency
was used to show the area covered by the District.
F. MacKenzie Brown, Special Legal Counsel, continued
with the report explaining the procedures to be followed
upon the close of the public hearing.
Norm Neste, Neste, Brudin & Stone, reported on the
status of the proceedings and the improvements to be
constructed. The total protest at this time is 9.0
percent of the total project.
Ray Patchett stated the funding program had been agreed
upon, with the City's contribution totalling 2.1 million
dollars, with $331,000 subject to a reimbursement
agreement with Carltas.
Richard Allen, Engineering Department, used an overhead
slide to explain the effect of the District on Palomar
Airport Road. This District will bring that road up to
six lanes and a raised median from 1-5 to El Camino Real.
Mayor Casler opened the public hearing at 6:50 p.m.,
and issued the invitation to speak. There being no one
present to speak, the public hearing was closed.
Council closed the Public Hearing and directed staff
to proceed with the processing of the Assessment District, and adopted the following Resolutions:
(one motion)
RESOLUTION NO. 8649, MAKING FINDINGS AND
DETERMINATIONS, AND OVERRULING AND DENYING PROTESTS IN
A SPECIAL ASSESSMENT DISTRICT.
RESOLUTION NO. 8650, FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE
IMPROVEMENTS; THAT THE PROJECT IS FEASIBLE; AND THAT THE LANDS WILL RE ABLE TO CARRY THE BURDEN OF THE PROPOSED
ASSESSMENT.
RESOLUTION NO. 8651, ORDERING CHANGES AND MODIFICATIONS
TO THE PROCEEDINGS IN A SPECIAL ASSESSMENT DISTRICT.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(97) 18. A6 88528 - Supplement 82 - ELM AVENUE EXTENSION.
(81)
(45) City Manager Frank Aleshire gave the report as contained in the Agenda Bill.
Council Member Lewis inquired about Elm Avenue east of El Camino Real, and Mr. Aleshire stated the City is
working on achieving the right-of-way in that area.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council Member Pettine stated his opposition to this project due to the high density and the City
participation was over and above what was agreed to
with the first developer.
Council Member Lewis stated he had originally opposed this project, but felt the road should be built.
Council adopted the following Resolutions: (one Casler X
motion) Lewis X
Kulchin X
RESOLUTION NO. 8644, APPROVING AN AGREEMENT FOR Chick xx
THE CONSTRUCTION OF ELM AVENUE EXTENSION FROM EL Pettine
CAMINO REAL TO ITS TERMINUS AT DONNA DRIVE.
RESOLUTION NO. 8645, ACCEPTING A GRANT DEED.
19. AB 118504 - Supplement 82 - BRIDGE AND THOROUGHFARE
i
1(26) BENEFIT DISTRICT.
Assistant City Manager Ray Patchett gave the staff
report as contained in the Agenda Bill, using a transparency to show the proposed boundary of the
District. The District will be similar to the Traffic Impact Fee, and as new development occurs, there will
be a fee of $53 per daily trip assessed for residences
and $22 for other construction. The fee will be collected at the time the building permit is issued.
F. MacKenzie Brown, Attorney, continued the report describing the three Resolutions in the packet.
Norm Neste continued the report, stating this District is provided for in the Municipal Code and the
Government Code of the State of California. It is a
funding vehicle to generate funds for bridge and
thoroughfare needs. He described the method of
determining the boundaries of the District and the
method of determining the apportionment to be collected
when building permits are issued. He described the needed improvements at the intersections and stated the
State Department of Transportation will not improve these intersections. If it can be shown the need for
the improvement to the intersection is caused by traffic on an Interstate Highway, they may participate
in the funding. Mr. Neste suggested the City pursue
participation by CalTrans, if possible. At present,
this does not fall within their guidelines, but it may
in the future. I
Mr. Neste called attention to the County islands existing in the District at the present time, and
explained as they annex to the City of Carlsbad, they
would be brought into the Bridge and Thoroughfare Benefit District.
Ray Patchett concluded the report by citing some examples of fees that would be required from several
types of development.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council adopted the following Resolutions: (one motion)
RESOLUTION NO. 8646, MAKING APPOINTMENTS IN A BRIDGE
AND THOROUGHFARE DISTRICT.
RESOLUTION NO. 8647, ADOPTING A MAP AND ESTABLISHING
AREA OF BENEFIT FOR BRIDGE AND THOROUGHFARE DISTRICT.
RESOLUTION NO. 8648, APPROVING REPORT AND DECLARING
INTENTION TO FORM DISTRICT AND SETTING TIME AND PLACE FOR PUBLIC HEARING.
(48) 20. COUNCIL SUBCOMMITTEE REPORT ON BALLOT WORDING.
Council Member Lewis gave the report, reading the following:
"No development shall be approved by the City of
Carlsbad unless it is guaranteed that all required
public facilities shall be provided with emphasis on
ensuring good traffic circulation, schools, parks,
libraries, open space and recreation amenities as shown
in the 1986 Growth Management Plan.
"The City of Carlsbad shall not increase the number of
residential dwelling units beyond that provided by the
1986 Growth Management Plan Map."
Each Council Member received a copy of a map showing
the four quadrants of the City and each quadrant showed
the number of units at buildout. Council Member Lewis
requested Council approval of the concept, with the
final version to be presented next week.
Council Member Kulchin added the following:
The City of Carlsbad shall not "approve any development
that would11 increase the number of residential dwelling
units beyond that provided rlinrc the 1986 Growth
Management Plan Map ffwithout?ffirmative vote of the
people".
3ames Courtney, 4914 Avila, addressed Council stating
his approval of the concept as a citizen, and
expressing the hope that Council would approve this and
reduce it to a document to get on the November ballot.
3im Hagaman, Research/Analysis, explained the figures
listed on the quadrant map as prepared by
ResearchjAnalysis from SANDAG figures.
In answer to query, City Attorney Vincent Biondo stated on any numerical limitation that limited or restricted
the number of residential units in a City, the City
would be obligated to prove that limit was justified.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council approved in concept the ballot measure as
X Kulchin Council Member Kulchin, as follows: X Lewis presented by Council Member Lewis and amended by xx Casler
Chick X
Pettine X
No development shall be approved the the City of Carlsbad unless it is guaranteed that all required public facilities shall be provided with emphasis on ensuring good traffic circulation, schools, parks,
libraries, open space and recreation amenities as shown in the 1986 Growth Management Plan.
The City of Carlsbad shall not approve any development that would increase the number of residential dwelling
units beyond that provided in the 1986 Growth
Management Plan Map without affirmative vote of the
people.
COUNCIL REPORTS:
3AC
Mayor Casler reported on recent activities.
SANDAG
Mayor Casler reported on the recent election of the
Board of Directors and on projects before SANDAG.
ADJOURNMENT
By proper motion, the Meeting of July 1, 1986, was
adjourned at 7:36 p.m.
Respectfully submitted,
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(2kkdAL$R-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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