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HomeMy WebLinkAbout1986-08-12; City Council; Minutes (3)I * MINUTES e l I Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: August 12, 1986 Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Casler called the Meeting to order at 6:Ol p.m. ROLL CALL was taken by the City Clerk, as fol.lows: I Present - Council Members Casler, Lewis, Kulchin, Chick and Pettine. Absent - None. INVOCATION was given by Reverend Belle Moore of the Unity Church of Carlsbad. PLEDGE OF ALLEGIANCE was led by Council Member Chick. 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. (99) 1. AB W6619 - Supplement #a- ACCEPTANCE OF PUBLIC IMPROVEMENTS - TANGLEWOOD - CT 74-25, UNIT 2. Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds appropriately, and directed the Utilities and Maintenance Department to commence maintaining the public streets and sewers associated with this subdivision. (46) 2. AB 87299 - Supplement #3 - AMENDMENT OF AGREEMENT (45) FOR SCHOOL CROSSING GUARD SERVICE. Council adopted RESOLUTION NO. 8738, amending the aqreement with Western Temporary Services for school crossing guard services. (81) 3. AB 8727 - ACCEPTANCE OF- GRANT DEED FOR WATERLINE PURPOSES. Council adopted RESOLUTION NO. 8739, accepting a grant deed for waterline purposes off of Gibraltar Street. (40) 4. AB /I8728 - CONSULTANT AGREEMENT FOR REMODELING OF I (45) CITY HALL. 1 Council adopted RESOLUTION NO. 8740, approving a consultant agreement for an architectural remodeling of the City Hall. 318 - COUNCIL \v 5 % pL' MEMBERS % $ Cas ler Lewis Kulchin Chick X Pettine 0 MINUTES 0 August 12, 1986 Page 2 CONSENT CALENDAR: (continued) (99) 5. AB #8329 - Supplement #3 - FINAL MAP - CT 85-18 - (81) PANNONIA UNITS 1 AND 2. Council adopted Resolution No. 8741, accepting a grant deed for drainage and sewer easement purposes off site of Carlsbad Tract 85-18, Units 1 and 2; and Council adopted RESOLUTION NO. 8742, acceptance and removal of blocker strips on a portion of Hillside Drive; and Council approved the Final Map of Carlsbad Tract 85-18, Units 1 and 2. (70) 6. AB ii8484 - Supplement #2 - PLANS AND (45) SPECIFICATIONS FOR THE CARLSBAD BOULEVARD SEAWALL. Council adopted RESOLUTION NO. 8746, approvina plans and specifications and authorizing the City Clerk to invite bids, Contract No. 3185; and Council adopted RESOLUTION NO. 8747, approving a Supplemental Consultant Agreement between the City of Carlsbad, California and Woodward-Clyde Consultant for service during the construction of the Carlsbad Boulevard Seawall (CIP Project No. 3185); and Council adopted RESOLUTION NO. 8748, approving a Supolemental Consultant Aareement between the City of' Carlsbad, California aid Testing Engineers of 1 San Diego for material testing services for the Carlsbad Boulevard Seawall (CIP Project No. 3185) and the Seawall Storm Drain Interceptor (CIP Project No. 3229); and Council adopted RESOLUTION NO. 8749, approving a list of assurances required by the Coastal Conservancy to approve grant funds under the Coastal Conservancy Access Grants Program for seawall-related access structures. (93) 7. AB 1#8659 - Supplement #I - PLANS AND (45) SPECIFICATIONS - SEAWALL STORM DRAIN INTERCEPTOR. . -I Council adopted RESOLUTION NO. 8750, approving plans and specifications and authorizing the City Clerk to invite bids, Contract No. 3229. (74) 8. AB #j8730 - APPROVAL OF CONCILIATION AGREEMENT WITH EEOC CONCERNING RETIREMENT AGE FOR SAFETY PERSONNEL. Council adopted RESOLUTION NO. 8751, authorizing the Mayor to execute the Conciliation Agreement between the EEOC and the City of Carlsbad relating to Charge Number 094830395. 3/7 - \y 5 COUNCIL % 9A MEMBERS % 0 I - - e MINUTES 0 August 12, 1986 Page 3 ORDINANCE FOR ADOPTION: (78) 9. AB 118724 - 25 MPH SPEED LIMIT ON A PORTION OF CADENCIA STREET. Council adopted the following Ordinance: ORDINANCE NO. 3201, AMENDING TITLE IO, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.200 TO ESTABLISH THE SPEED LIMIT ON STREET TO RANCHO SANTA FE ROAD. PUBLIC HEARINGS: CADENCIA STREET FROM A POINT 500-FEET WEST OF PERDIZ (99) IO. AB 118723 - Supplement 111 - APPEAL OF CITY ENGINEER'S DECISION - MINOR SUBDIVISION 730. Dave Hauser, Assistant City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to show a plat of the project. Mike Holzmiller, Planning Director, used a transparency to show the PUD ordinance, indicating in a normal subdivision, each lot needs 15,000 square feet. However, the PUD does allow for flexibility. Another transparency was used to show the density calculation and Mr. Holzmiller explained PUD's in single-family zones. He stated this project is compatible and does not exceed the General Plan. Mr. Holzmiller added that in a PUD, the City gets better grading, more architectural control than in a single-family development, and more control over the landscaping. In answer to Council query as to whether in a standard subdivision only two units would be allowed, staff responded in the affirmative stating the developer would need to obtain an additional 500 square feet for a third unit. Mayor Casler opened the public hearing at 6:25 p.m., and issued the invitation to speak. Brook Olsen, 3610 Sierra Morena, the applicant, stated his dissatisfaction over not having this item heard at the previous Council meeting. He stated the 30 days during which he was to have a hearing had expired, and according to his Attorney, this gave his project approval. Mr. Olsen gave the history of this proposed project, and stated the project conforms with all standards. He stated the project should be approved, using view corridors, and should not be judged by those making the appeal. Mr. Olsen stated the Coastal Commission took the site into consideration, and a single-story house in that location would be impossible. He referred to the Tentative Map showing the topography of the property. 3& - COUNCIL /p % % MEMBERS % % Casler Lewis Kulchin Chick X Pettine I ~ - -c 0 MINUTES 0 August 12, 1986 Page 4 PUBLIC HEARINGS: (continued] Nick Banche, 810 Misssion Avenue, Oceanside, addressed Council on behalf of the owners of the property, Mr. and Mrs. Parker. Mr. Banche reiterated the history of this property, stating the owners are now trying to sell this property to Mr. Olsen. If three houses are built on those lots, they would be without architectural control and there would be three curb cuts and three driveways. Mr. Banche stated three houses under a PUD would certainly give more control to the City. Bob gohnson, 1125 Cape Aire Lane, addressed Council stating he appealed this decision of the Assistant City Engineer for several reasons. One reason is the intrusion into the height limit on /!dams Street, which is a scenic route. Also, he felt this was a misuse of a minor subdivision in an R-1 Zone, violating the zoning. He stated the applicant was trying to construct two-story residences, nine to eleven feet above Adams Street. This would be an obstruction of the view. Mr. Johnson gave photographs of the area to Council Members for their perusal. Mr. 3ohnson further stated structures were not to exceed the elevation of the roadway, and he felt this project should not exceed the standard. Sharon gohnson, 1125 Cape Aire Lane, addressed Council stating this area is a scenic drive area and a sensitive area. The height limitation would not be adhered to if this project were approved. Mrs. Johnson objected to the loss of view that would occur with these structures. She stated the plan should be revised to conform with the zoning and the height restrictions. Benton Caldwell, 4150 Adams, addressed Council, stating concern for the loss of the view. Sally Katich, 4179 Highland Drive, expressed concern with three houses in an area where there should only be two. She felt the standards should be complied with on this project. Susan McCarthy, 4049 Adams Street, addressed Council stating she lived between Chinquapin and Harrison. She stated they have a small home on a small lot and no view, but they do walk along Adam Street to enjoy the view. She stated she would like to see the natural beauty maintained. Jim Roach, Cape Aire Lane, spoke in opposition to this development. Barbara Mead, 4140 Adams Street, spoke in favor of supporting the idea of preserving the scenic route for the citizens of Carlsbad. Matthew Midgett, 4374 Adams Street, spoke in opposition to this project, stating there would certainly be a financial gain to the applicant. He stated the R-1/15,000 was important to this area and the high quality should be kept. 315 I COUNCIL I$ 3 % MEMBERS % $ 0 MINUTES 0 August 12, 1986 Page 5 PUBLIC HEARINGS: (continued) Robert Detrich, 1230 Hoover Street, stated he has a half-acre lot home and felt the standards should be followed. Bill Dominguez, 4378 Adams Street, spoke in opposition to this minor subdivision. He stated this would set a precedent for the area. The Agua Hedionda Plan would be violated and this project is in conflict with the zoning. This area is designated as a special treatment area and Adams Street is a scenic route. Mr. Dominguez stated this would deny the view and it would also have an elevation beyond that allowed on Adams Street. A transparency was shown depicting the lots involved. Art Fitzpatrick, stated he lived several blocks away, and did write a letter regarding this project. He stated there should be no exceptions to the zoning and the Agua Hedionda Plan. Leonard Mellgren, 3289 Westwood Drive, stated he owns the property adjacent to this area. He stated he was prepared to sell the required property to make the lots the legal size for Mr. Olsen. This would involve a strip of land less than two feet wide. He stated Mr. Olsen would then have the required acreage for three 15,000 square foot lots. Mr. Olsen spoke in rebuttal, stating this project had been outlined with Mr. Birnbaum of the Coastal Commission. This was in line with the view corridor concept. Mr. Olsen showed a map of the area indicating the line of the rooftops. He also referred to pictures taken around Adarns and stated the view would be greater with the houses than it is now with the trees and shrubbery. Since no one else wished to speak on this item, the public hearing was closed at 7:06 p.m. Mike Holzmiller stated the City of Carlsbad does not have permit authority over the Agua Hedionda Plan. No ordinances have been adopted, so the City does not have the final authority. The Coastal Commission has to approve the plan. The applicant was told to contact the Coastal Commission. There was a letter from the Coastal Commission stating it was all right to use the view corridor instead of keeping the structures below Adams Street. Mr. Holzmiller re- emphasized staff did not make the decision. The Coastal Commission made the decision. Council Member Lewis stated he supported the appeal, inasmuch as he felt no exceptions should be made to the standards. Council Member Kulchin concurred in supporting the appeal. Council Member Chick felt the decision by staff was sound and Mr. Birnbaum's letter was specific. This development fits the PUD and the property has gone through enough problems. He stated he could not support the appeal. 314 COUNCIL I$ 3 9L MEMBERS % $ - - o MINUTES 0 August 12, 1986 Page 6 PUBLIC HEARINGS: Council Member Pettine stated he supported the appeal, based on the reasons given by Council Member Lewis. Mayor Casler stated this is a scenic route and it must be maintained. However, the scenic route or the height factor are the two things to be considered. It is "either-or". The Coastal Commission would approve these heights as long as 30% of the lot is left open. She stated she agreed with Council Member Chick, feeling the difference was so minor that it could be approved. Council directed the City Attorney to prepare documents granting the appeal and denying the project without prejudice, and directed staff to forward the new development application on this property to Counci I. , (99) 11. AB /I8707 - Supplement f2 - PHASES I1 AND 111 OF 1 (113) ~ THE BATIQUITOS LAGOON EDUCATIONAL PARK - CT 85- 37/PUD-95/SDP 85-15/CT 85-38/PUD-96/SDP 85-19 - SAMMIS. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using the phasing map. He referred to a wall map showing the additional conditions contained in the memorandum to the City Manager dated August 1, 1986. Mayor Casler opened the public hearing at 7:36 p.m., and issued the invitation to speak. 3on Briggs, Sammis Properties, 2650 Camino del Rio North, San Diego, commended staff for their work on this project. Sammis does not want a traffic or parking problem and Mr. Briggs stated that in the event the bridge and thoroughfare district does not go forward, Sammis would be responsible for improving the intersections. Hiram Hoskin, 7307 San Luis, Lakeshore Gardens, Legislative Director of the Homeowners Association, spoke in favor of the project. Dale Schreiber, 1457 Crest Drive, Encinitas, Ponto Storage, read a letter dated 3uly 19, 1986. He referred to the exchange of property at Carlsbad Boulevard and stated this property should he kept for future generations. Since no one else wished to speak on this item, the public hearing was closed at 7:44 p.m. Council directed the City Attorney's office to prepare documents approving CT 85-37 37/PUD-95/SDP 85-15/CT 85-38/PUD-96/SDP 85-19, with the additional conditions outlined in the memorandum to the City Manager dated August 1, 1986, plus the addition of the Traffic Impact Fee. 1 transparencies to show the site, the vicinity map and I the project and described Phases I1 and 111. He noted 313 T COUNCIL /$ % 9L MEMBERS % 9 Casler X Lewis XA X Pettine Chick X Kulchin Casler X, Pettine X Chick X Kulchin X Lewis xx 1 1 1 I - - 0 MINUTES 0 August 12, 1986 Page 7 PUBLIC HEARINGS: (continued) ~ ~ ~ ~~~ (26) 12. AB #8508 - Supplement 83 - BRIDGE AND THOROUGHFARE BENEFIT DISTRICT. Ray Patchett, Assistant City Manager, initiated the report, using a transparency to show the District and the areas of benefit. F. Mac Kenzie Brown, Legal Counsel, gave an overview of the legal procedures to be followed in initiating the Bridge and Thoroughfare District. Norm Neste, Neste & Brudin Engineers, gave a report on the improvements to be made and detailed the responsibility for those improvements. He stated the money would not be generated immediately, so an escalation cost was included in the cost of the project. Mr. Neste gave a brief report on the protests filed, stating three had been filed, constituting 1/2 of 1% of the area. Mr. Patchett continued the report, using a transparency to show examples of the impact of the fees to be collected. Mayor Casler opened the public hearing at 8:02 p.m., and issued the invitation to speak. Dana Bieber, representing Warmington Homes, 3090 Pullman Street, Costa Mesa, stated Warmington Homes did not want any traffic problems for their project. Their feeling was their project, when approved, had adequate thoroughfares to accommodate the project. She stated they felt this was a good program, but that only projects that do not have approved tentative maps or approved tract maps should participate in the program. The General Manager of Dana Industries stated they are a business concern on Palomar Airport Road, just moving from one building to the next building. He asked whether this was considered a new development for the purpose of the Bridge and Thoroughfare district. It was determined if this were a new building, it would be considered a new project. Don Stevenson, Executive Vice-president, Lusk Company, owners of 95 acres of land on Poinsettia Lane stated they did not oppose the program. He questioned if Lusk would receive some consideration and credit for the improvements they made to Poinsettia Lane. Andrew Wright, 4330 La 3o11a Village Drive, asked whether the fee would be a flat fee for residential developments. He stated studies have shown 650--one bedroom apartments creates less traffic than large residential homes. Dale Schreiber, 1457 Crest Drive, Encinitas, stated he supported this Bridge and Thoroughfare District to get the roads going. 312 - COUNCIL \\ % 3 % ' MEMBERS % $ ~ - - 0 MINUTES c August 12, 1986 Page 8 PUBLIC HEARINGS: (continued ) Since no one else wished to speak on this item, the public hearing was closed at 8:11 p.m. City Attorney Vincent Biondo stated with regard to Lusk Company, they have satisfied their obligation on- site by constructing the bridge, and there was no commitment made by the City for credit on offsite improvements. Lusk would have to pay the fee. Council adopted the following Resolution: RESOLUTION NO. 8743, OVERRULLING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS. Council adopted the following Resolution: RESOLUTION NO. 8744, ESTABLISHING A BRIDGE AND THOROUGHFARE DISTRICT TO FINANCE THE COSTS OF MA30R PUBLIC BRIDGE IMPROVEMENTS IN SAID CITY. RECESS: Mayor Casler declared a recess at 8:14 p.m., and Council reconvened at 8:26 p.m., with all Members present. PUBLIC HEARINGS: (continued) (20) 13. AB /I8729 - CONDEMNATION OF PROPERTY IN THE CITY OF CARLSBAD. Dave Hauser, Assistant City Engineer, gave the initial staff report, using a transparency showing the location of the property. Jeff Oderman, Rutan and Tucker, Attorneys at Law, 611 Anton Boulevard, Costa Mesa, consultant for the City, addressed Council stating the purpose of this hearing and the reasons for the condemnation of property. He stated concern had been expressed through the property owner's Attorney about the location of the easement with regard to the future building of Palomar Airport Road. He stated he had spoken with several engineers and confirmed that the proposed location is correct. There is no possibility or plan for that location to be changed. Mayor Casler opened the public hearing at 8:34 p.m., and issued the invitation to speak. Randall Hamud, Attorney representing the Aladray Family, stated the family had been confused with regard to the realignment of Palomar Airport Road. He stated he had heard several versions of where Palomar Airport Road was to be placed with the realignment. He stated he had brought maps and sketches showing different alignments for Palomar Airport Road. These were not blueprint drawings. He requested the taking of this property be postponed until the final engineering drawings have been prepared for the Assessment District and for the realignment of Palomar Airport Road. 3 I/ 7- COUNCIL 1) %Q. MEMBERS % $ Casler Lewis X Kulchin Pettine Chick Casler X Lewis Kulchin Chick Pettine i , I - - 0 MINUTES e August 12, 1986 Page 9 COUNCIL \ MEMBERS . @I PUBLIC HEARINGS: (continued) Since no one else wished to speak on this item, the public hearing was closed at 8:41 p.m. Dave Hauser, Assistant City Engineer, stated the alignment has been established and would not be changed. Council adopted the following Resolution: RESOLUTION NO. 8745, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB 118716 - ACCEPTANCE OF PUBLIC ART SCULPTURE. Connie Beardsley, Cultural Arts Coordinator, gave the staff report as contained in the Agenda Bill, describing the sculpture. Maurice Kimball, 1623 James Drive, repeated his testimony of August 5, 1986. Mr. Kimball stated this was a waste of taxpayers' money. That money should be used to fill the potholes in the street. Margie Balderrania, 4913 Park Drive, addressed Council stating the City deserves quality art. She told of Mr. Hubbell's qualifications and stated the citizens of Carlsbad have a chance to interpret this piece of sculpture in their own way and it would be a learning experience. Wayne Bischoff, 1085 Laguna Drive, Arts Commission, stated Mr. Hubbell is a world-class artist. He recommended Council go ahead with the project. Patra Straub, 3360 Monroe Street, Arts Commission, spoke on behalf of the Chairman of the Arts Commission, Joe Bear. She read his letter askina Council to accept this sculpture. Dona Meilach, 2018 Saliente Way, Arts Commissioner, stated she in some ways agreed with Mr. Kimball, that the newspapers have given this unfair coverage. She described the three textures of the sculpture and felt this would wear well and enhance the community. Council Member Chick made a motion to adopt Resolution No. 8716, with Mayor Casler seconding the motion. The motion failed due to the lack of a majority. 310 Casler Lewis Kulchin Chick Pettine Casler Lewis Kulchin Chick Pettine \ p PC* & X I I X xx a MINUTES a (26) (103) (41) y August 12, 1986 Page 10 COUNCIL % 3 MEMBERS % % DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 15. AB /,I8542 - Supplement 113 - BATIQUITOS LAGOON EDUCATIONAL PARK ASSESSMENT DISTRICT NO. 86-6. Ray Patchett, Assistant City Manager, gave the initial report, using a transparency to show the area included in the District and another transparency showing the street through the development. Mr. Simpson continued the report, giving an overview of the project. F. Mac Kenzie Brown concluded the report, outlining the legal procedures. Council Members Lewis and Pettine stated they would register "no" votes for reasons previously stated. Council adopted the following Resolution: Casler RESOLUTION NO. 8729, MAKING FINDINGS ON PETITION AND Kulchin APPROVING AGREEMENTS. Chick X Pettine Lewis 16. AB 118702 - TRAFFIC SAFETY COMMISSION APPOINTMENT. Council adopted the following Resolution: X Casler Lewis RESOLUTION NO. 8694, APPOINTING ROBERT HERRXNG TO THE Kulchin TRAFFIC SAFETY COMMISSION. Chick Pettine COUNCIL REPORTS: SANDAG Mayor Casler reported on SANDAG activities. 3AC Mayor Casler reported on the recent meeting. CLOSED SESSION: - 17. CLOSED SESSION - PENDING THREATENED LITIGATION. X Casler Lewis Council by, motion, authorized a Closed Session the existing facts and circumstances there is a Pet t ine decide whether on advice of the City Attorney based on Chick pursuant to Government Code Section 54956.9(b)(2) to Kulchin 54956.9(b)(I). exposure pursuant to Government Code Section Session to discuss the situation constituting that and, if the Council so determines, to remain in Closed significant exposure to litigation against the City, Council adjourned to a Closed Session at 9:32 p.m., and reconvened at 9:51 p.m., with all Members present. No action was taken. 309 I i b 1 J 1 >i x 1 X X X X X 1 ;! 'i I 1' a MINUTES 0 August 12, 1986 /p Page .i 1' COUNCIL 3 % MEMBERS % $ ADJOURNMENT: By proper motion, the Meeting of August 12, 1986, was adjourned at 9:52 p.m. Respectfully submitted, ALETHA L. RAUTENKRANZ Y City Clerk LtLL-tL44 Harriett Babbitt Minutes Clerk HE: tb 308