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HomeMy WebLinkAbout1987-12-08; City Council; Minutes% 7 $ 0 0 MINUTES Meeting of : CITY COUNCIL (Regular Meeting) Date of Meeting: December 8, 1987 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: " Present: Council Members Lewis- Kulchin, Pettine, Mamaux and Larson. Absent : None - PRESENTATIONS: Mayor Lewis read a Proclamation declarlng the week of December 13-19, 1987, SILL OF RIGHTS WEEK. The Proclamati.on was accepted by Michael Diaz and Becky Bradshaw of Coast Savings and Loan.. Mayor Lewis read a Proclamation supporting the recqnition of all POWIIMIA's by raising PO&/MIA flags above City Ha1.l.s on Sunday, December 13 9 1987. The Proclamation was accepted by John Ragan, who i.nvited everyone to attend the flag-raising ceremony at 1 :00 p.m., December 13. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held November 17, 1987, were approved as presented. Minutes of the Regular Meetinu held November 24, 1987, were a-pproved as presented. Minutes of the Adjourned and Rqul-ar Meetings held December 1, 1987, were approved as presented. CONSENT CALENDAR: Council Member Kulchin requested Items A6 and f8 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Items 86 and R8, as follows: WAIVER OF ORDINANCE TEXT READlNG: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (48) 1. AB /I9103 - Supplement W1 - RESULTS OF SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 3, 1987. Council adopted RESOLUTION NO. 9308, reciting the fact of a Special Municipal Election held in said City on the 3rd day of November, 1987, declaring the results thereof and such other matters as required by law. " wx c Lewis Kulchin Pettine X Mamaux Larson ~ i Lewis Kulchin Pettine X Mamaux Larson i (105) (99) (81) (81) (74) (97) (45) (96) (45) (70) (81) (97) (45) a e MINUTES \v 5 December 8, 1987 Page 2 COUNCIL %Y "0 4 MEMBERS Z. ? I CONSENT CALENDAR: - (Continued) 2. AB !I9228 - COMMUNITY DEVELOPMENT BLOCK GRANT RESIDENTIAL REHABILITATION PROGRAM EXCEPTION. Council adopted RESOLUTION NO. " 9309, authorizing an exception to the Community Development Block Grant Residential Rehabilitation Proqram. "" 3. AB 59229 - QUITCLAIM OF SEWER EASEMENT ~ - CT 81-46. Counci.1 adopted RESOLUTION NO. 9310, approving quitclaim for sewer purposes off Wright Place. 4. AB f9230 - ACCEPTANCE OF DEEDS FOR PORTIONS OF LA COSTA AVENUE AND BATIQUITOS LAGOON RIGHTS-OF-WAY. Council adopted RESOLUTION NO. 9311, accepting four (4) quitclaim deeds from the Esposito Development Company for certain rights-of-way along La Costa Avenue and the adjacent southern shore of Batiquitos Lagoon. 5. AB #I9231 - AMENDING THE CLASSIFICATION FOR COMMUNICATIONS OPERATOR I AND I1 AND ADWING THE CLASSIFICATION .OF CRIME PRmNn@N TECHNICIAN. Councjl adopted RESOLUTION NO,. 9312, amendinq the classification pian and salary schehule of the City to revise the classification of Communications Operator I and I1 and adopt the classification of Cri.me Prevention Technician. " _____ 6. AB 88919 - Supplement #2 - NOTICE OF COMPLETION FOR INTERSECTTON IMPROVEMENTS AT LA COSTA AVENUE AND" EL CAMImAL. """ This .item was removed from the Consent Calendar. 7. AB 18888 - Supplement #I2 - NOTICE OF COMPLETION FOR CONSTRUCTION OF TRAFFIC SIGNAL AT ELM AVENUE. AND EL CAMINO REAL. Council adopted RESOLUTION NO. 9314, accepting the construction of the traffic signal system at the intersection of Elm Avenue and El Camino Real, Project No. 3178. 8. AB #9232 - ACCEPTANCE OF DONATION FROM GERICO'S BAR AND GRILLFIRST ANNUAL CARLSBAD SENIOR CENTER -~" BENEFIT GOLF TOURNAMENT. This item was removed from the Consent Calendar, ITEMS REMOVED FROM THE CONSENT CALENDAR: 6. AB 118919 - Supplement 1!2 - NOTICE OF COMPLETION FOR ~S~T0-N IMPROVEMENTS AT LA COSTA AVENUE AND EL CAMINO REAL. Council Member Kulchin commented this project came in on time and under budget and she compZimented staff for a job well. done. I QL c e MINUTES (70) (81) (77) December 8, 1987 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) Council adopted the following Resolution: Lewis RESOLUTION NO. 9313, ACCEPTING THE CONSTRUCTION OF Pettine IMPROVEMENTS TO THE INTERSECTION OF LA COSTA AVENNUE Larson AND EL CAMINO REAL, PROJECT NO. 3215. Mamaux Kulchin x 8. AB 19232 - ACCEPTANCE OF DONATION FROM GERICO'S BAR AND GRILL FIRST ANNUAL CARLSBAD SENIOR CENTER BENEFIT GOLF TOURNAMENT. Council Member Kulchin complimented Gerico's for their donation to the Senior Golf Tournament and announced Gerico's was serving a free turkey dinner to seniors on December 13, 1987. Council adopted the following Resolution: Lewis RESOLUTION NO. 9315, ACCEPTING A DONATION OF NINE Pettine HUNDRED ThENTY-NINE DOLLARS AND FIFTY CENTS ($929.50). Mamaux Larson Kulchin X PUBLIC COMMENT: There were no requests to address Council. Mayor Lewis requested Item 812 be taken out of order and considered at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB /I9235 - REPORT ON EXEMPTION FOR R-1 LOTS/ZONE 6 LOCAL FACILITIES MANAGEMENT PLAN. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. Marty Orenyak continued the report, stating there were 16 single family units, 80 condominiums and four units in Seaport in plan check within Zone 6 when it was approved. In response to Council query, Mr. Holzmiller stated the three standards not met in Zone 6 were the circulation standard (La Costa/I-5 intersection); more than 1,500 existing residential units outside of the five minute response time from the nearest fire station; and the park standard (no park with three acres per 1,000 population scheduled for construction within the five- year CIP) . Council Member Mamaux suggested combining Zone 6 with Zones 11 and 12, which would then provide more potential development to solve the deficiencies in all three zones. Staff indicated the Zone Plans for 11 and 12 would be before the Planning Commission the latter part of January. Q/. L/ a 0 MINUTES December 8, 1987 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Kulchin stated she wanted the record to reflect she felt the exemption should be for single- family owner-occupied units ONLY. Marty Orenyak stated staff would return to Council in 60 days with an outline of a program that Council may participate in that may solve the facility guarantee problem with regard to Zone 6. John Lemkey, 3104 Del Rey, one of the applicants wanting to build an owner-occupied home in Zone 6, gave a history of his application, and stated he felt it was unfair to hold up individual applications. S. H. lenzel, 7620 Reposado Drive, addressed Council giving a history of his property and requested an exemption for individual builders. Debbie Davis, 7525 Quinta Street, spoke in favor of single-family, owner-occupied projects being exempted from the Zone 6 requirements. Douglas Thompson, 9705 Indian Creek Way, Escondido, owner-builder, stated he intended to sell the home he wanted to build, but felt it was unfair to prevent these i.ndividuals from building their homes. Rom Rimmer, 3120 Cerca de Tierra, representing Ken Magrine, stated it was not fair to mix individual builders with developers. Robert Coli, 438 Camino Del Rio South, Suite B 223, San Diego, representing La Costa Vale, a condominium project in Zone 6, stated they had four units that needed to be completed. Jeanne Magrini, 2713 York Road, stated she was willing to pay her share of the fees due, and felt individuals should be allowed to build their own homes. Ken Crosby, 6119 La Granada, Rancho Santa Fe, representing Keith Green, 7340 El Fuerte, gave a history of the application, stating the shut-off date was missed due to the requirement for a courier to deliver the papers to the City. Robert Fields, 1755 Tattenham Drive, Leucadia, representing Chris and David Sear, stated he was not notified of the local facilities plan, and felt R-l lots could be exempted without hurting Proposition E. Khaled Chehade, 1672 Lone Oak Road, Vista, stated he bought property to build his own dream home and sold his present home. He stated the City was talking about development in the Growth Management Plan, and single- family, owner-occupied projects should not be considered development. Dick Spanjian, 7315 Borla Place, stated his application had been in the system since June, and he knew nothing about the zone plan. He requested an exemption. rife I 0 0 MINUTES (99) (85) (77) (57) (113) December 8, 1987 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued ) Council Member Kulchin stated she had received a great deal of correspondence on this item and she was not trying to circumvent Proposition E. She reiterated she was talking about single-family, owner-occupied homes, and hoped these people would be allowed to build their homes. Mayor Lewis and Council Members Larson, Mamaux and Pettine expressed the opinion that the integrity of the Growth Management Plan was the issue, and the Plan clearly states that building will stop if there are deficiencies in public facilities. Council took no action on the request for single family Lewis lot exemptions in Zone 6. Kulchin Pettine Mamaux X Larson Council directed staff to return within 30 to 60 days Kul ch in with a financial proposal for facilities in Zone 6. Lewis Pett ine Mamaux X Larson RECESS : Mayor Lewis declared a recess at 7:lO p.m., and Council re-convened at 7:21 p.m., with all Members present. PUBLIC HEARINGS: 9. AB 89233 - HUNT PROPERTIES PACIFIC RIM PROJECT - EIR 83-2 (A), LFMP 87-19, LCPA 87-4 (LCPA 87-2) (A), LCPA 87-5 (LCPA 87-2 (B), GPA/LU 85-2, MP-177, CT 85-35, CP-223, PUD-102, PUD-104, PUD-105 AND SDP 86-2. Charles Grimm, Assistant Planning Director, gave the initial staff report as contained in the Agenda Bill, using a transparency showing the location map. Chris De Cerbo continued the report, using a transparency to show the three areas of concern identified in the EIR. He discussed the archaeological impacts, stating those sites could be mitigated by placing then in open space or with a data reference program. Mr. De Cerbo also discussed the park land conditions and the schools. Mr. Grimm used a wall map of a drawing showing the plan, stating there would be no increase in the density from the GPA and it will be decreased through the master plan, which divides the property into 32 planning areas. The master tentative map is only for Phase I, which is 564 acres and covers Plan Areas 1 through 16, including the hotel, golf course, sports center, golf clubhouse, two restaurants and a number of residential neighborhoods. Phases I1 and 111 are not under consideration and future tentative maps must go through hearings before the Planning Commission and City Council. Staff indicated this project met and exceeded all City requirements, and they recommended approval. n/n 0 0 MINUTES December 8, 1987 COUNCIL \? %9 "0 I Page 6 MEMBERS Z. ' , PUBLIC HEARINGS: (Continued) Council Member Mamaux questioned whether a project of this size could sustain itself and 3im Elliott, Finance Director, stated they had looked at two areas in detail; taxes paid, which they phased over a ten-year period, and this amounted to approximately 1.5 million dollars each year; the second area was TOT from the hotel, and at the present rate, with occupancy at 50 percent, this would be $650,000 per year. Council Member Larson inquired about the mitigation for the archaeological sites, and Richard Carrico, WESTEC Services, stated the boundaries are not defined at this time and more testing is to be done to determine those boundaries. Once that has been done, the next step would be a program for future use of that land. One of the sites is in Phase I1 and the decision can be made when that development plan comes in. There is one site under consideration tonight, and that may require a re-design. It is not known what is there at this time. Council Member Larson inquired about the use of reclaimed water for irrigation of the golf course and staff indicated several projects have been conditioned to include the use of reclaimed water, and this project will use reclaimed water only for the golf course. Council Member Larson stated he would like the Master Plan to be conditioned to require the use of reclaimed water for irrigating the golf course and other common green areas. Mr. Grimm read a proposed condition regarding reclaimed water, as follows: "Development within this Master Plan shall utilize effluent or treated water for irrigation of the golf course and other major landscape areas maintained by the homeowners association when available from the appropriate agencies. Plans for each phase identifying these effluent irrigation areas and the location of the dual irrigation systems needed to serve them shall be submitted to the Planning Director and City Engineer for approval prior to approval of the final map for each phase. The dual system shall be installed for the areas identified in the plan at the time of development even if effluent is unavailable at the time of construction. I' Council Member Pettine inquired about the cirarlation for the project and City Engineer Lloyd Hubbs used a transparency to show the street system. He stated three issues had been raised; one, the connection to Daisy Lane; two, the connection to Lupine Street and third, Arena1 Road extension. Mayor Lewis opened the public hearing at 8:13 p.m., and issued the invitation to speak. Larry Clemens, Vice-president of Hunt Properties, 7707 El Camino Real, addressed Council, thanking staff for all their help in preparing this application, and he also expressed appreciation for the input from the community. He narrated a slide presentation showing the proposed project and the amenities to be included. 36 / I I~ e 0 MINUTES December 8, 1987 Page 7 COUNCIL \? % 5 MEMBERS % ' x. 1 PUBLIC HEARINGS: (continued) Mr. Clemens stated Hunt Properties has been granted a low-interest loan from the State to redo the Gaffner plant in Leucadia to purchase one hundred percent of whatever reclaimed water it can produce. However, that would barely serve the golf course. He added the City would not be responsible for the public median areas, a they want a landscape standard that is higher than the City's. The homeowners will pay for that, either in their individual planning areas or in the master homeowners association for the common areas. S In answer to Council query regarding the proposed trails along the northern shore of the Lagoon, Mr. Clemens stated they would stay outside of the wetland area and the trail would continue the full length of the Lagoon. He had spoken with the Batiquitos Lagoon Foundation to form a committee to work with him to help form the trail as far as kiosks, etc. Mayor Lewis inquired about the oak trees, and Mr. Clemens stated they would box and save as many of the oak trees as possible. A complete plan for that will be submitted to staff. Dr. Susan Hector, Cultural Resource Director, RECON, stated she agreed with the recommmendations for archaeological data recovery. She stated the burials could be moved and re-located onsite. (A letter from RECON explaining their position was distributed to Council Members. ) Mr. Clemens stated Hunt Properties would agree to move the burials to open space nearby on their property. I Anne Omsted, 1349 Rainbow Ridge, Encinitas, representing the Batiquitos Lagoon Foundation, spoke regarding the sedimentation of the Lagoon, stating the Foundation did not want to see that buildup again. She requested Council incorporate higher standards regarding sedimentation into the conditions for this p roje ct . City Engineer Lloyd Hubbs stated the standards applied to this project had incorporated all of the suggestions made and had gone beyond that. Debbie Davis, 7525 Quinta, spoke in favor of this project, stating she would be happy to see another outlet to 1-5. She added the school was needed and the sports center would be an added benefit to the area. Robert Wilkinson, 7233 Mimosa, spoke regarding the Lupine connection, stating it would only make the traffic situation worse, as people will come through Seaport. He recommended not making Lupine a through street, but open only for emergency vehicles. Once Arena1 is put through, the Lupine connection could be made. Kim helshons, 2121 Placido Court, spoke on the swim complex proposed by Hunt Properties, stating this would give the youth of the area a place to hold national and international competitions. She felt this would bring revenue and fame to the City. 360 I I I e a MINUTES December 8, 1987 COUNCIL \? %9 /o J Page 8 MEMBERS Z. I PUBLIC HEARINGS: (Continued) Phyllis gessee, 7230 Mimosa Drive (Seaport), spoke on the Lupine connection, stating children are bused or driven to Kelly School at the present time, and she would like traffic kept off the local streets and onto the major streets. She would like to see the Alga Road connection made. Inez Yoder, 7738 Madrilena Way, cautioned the City that before they grant approval there should be a hearing before the Batiquitos Lagoon Foundation regarding the grading. She stated the project should be conditioned to mitigate the loss of the uplands and since the hotel is to be higher than the City standard allows, there should be no habitation allowed on the fourth floor. Delores lelty, 3206 Sheridan, Leucadia, addressed Council stating one school site could not possibly serve an area that would be as large as Del Mar. She also read from a report stating the wildlife and sensitive plants were a nationally significant resource and should be protected. The habitat remains more valuable when it is not separated and the areas increase in value if they become a belt or corridor. Staff stated all biological impacts had been mitigated. Father tilliam Moquin, 7792 Falda Place, representing the Holy Cross Episcopal Church, stated he was pleased to see an area set aside for a church in the proposed project. Mary Fleischer, 804 Caminito Del Reposo, Alta Mira, stated this was a top-rate project and will increase property values. Howard Francis Murphy, a concerned neighbor, stated he was pleased about the project. The drainage plan for this project will create no runoff of top soil. Cindy Ward, 937 Begonia Court, thanked the City staff for the great job they have done on this project and the City Council for the high standards they have set. She also thanked Larry Clemens and HPI for an excellent project . Rick Mueller, 7229 Mimosa Drive, stated he was speaking in favor of connecting Lupine, and if later on the validity of that connection was questioned, it could be cut off. He agreed with staff recommendation. Roy Blackford, 3616 Oxford, representing the Historic Preservation Commission, spoke regarding the archaeological and paleontological potential finds on the site. He stated the Commission recommended Council direct staff to establish specific goals and guidelines for archaeological and paleontological sites in Carlsbad. Emil Osberg, 7219 Mimosa, addressed Council stating he was happy to see the oak trees preserved and the single story homes to preserve other neighbors' views. Mr. Osberg stated Geranium Street going east is a dangerous intersection at Columbine Street. He also stated the Lupine connection should not be put through except for emerqency vehicles. 359 I i 1) a MINUTES \? December 8, 1987 COUNCIL %'p /o J MEMBERS Z. ' Page 9 PUBLIC HEARINGS: (Continued) 3im McCormidc, Unified School District, asked for approval of this project. The school site will be 40 acres eventually and HPI will set up the Mello-Roos plan. Ed Scarpelli, 929 Orchid Way, spoke in favor of the project . 3im Smith, 6725 Russelia Court, stated this was exciting news for a golfer, as the clubhouse and golf course will be available to the golfers of Carlsbad until the time it becomes private. Allen Williams, 7652 Primavera Way, joined with the supporters of this project, stating this would add significant funds to the tax base and he was also happy about the &ur& space placed. Richard Sterrett, 1740 Geranium, stated he lives at the corner of Geranium and Columbine, and there is one accident a month there. If more traffic is added, the accidents will double and triple, according to Mr. Sterrett. Edward Holtaway, 7238 Mimosa, spoke to Council stating the visibility is poor at the corner of Mimosa and Lupine. Larry Clemens spoke in rebuttal, stating the traffic study that was done was based on the 4,300 units and not on the 2,836 units planned at this time. He stated it would be difficult to cap the archaeological sites when it is not known what is under them. Since no one else wished to speak on this item, the public hearing was closed at 9:50 p.m. Council Member Kulchin stated she would like to stub Lupine, with emergency vehicles only allowed to go through. Council Member Pettine stated Mr. Hubbs had recommended Lupine be put through, and he felt if it were stubbed, that could impact the arterial streets. Council Member Mamaux felt HPI should build the street now. Council Member Larson stated he did not like shutting the street off, but felt the neighbors had a point that it could create a shortcut. He supported building the street at this time but not making it a through street. The City could re-consider this at the time Arena1 Street was put through. Mayor Lewis said if Lupine is shut down, that would just put the burden on other streets. He felt when Council shuts down the circulation pattern, they create problems for future Councils. He was not in favor of stubbing Lupine, but felt .it should be left open as staff recommended. 358 0 a MINUTES (57) (30) December 8, 1987 Page 10 PUBLIC HEARINGS: (Continued) Council Member Mamaux made a motion to build Lupine Street to City standards, but barricade the street until such time as Arenal Road is built. Council Member Kulchin seconded the motion. (Subsequently withdrawn) City Engineer Hubbs stated there is a problem with building a street and barricading it as far as maintenance. The pavement oxidizes and weeds grow in the pavement. He suggested some type of turf block be installed and a cash deposit posted for construction of the street. Council Member Kulchin withdrew her second of the above mot ion. A motion was made to adopt staff recommendation to Lewis X bui-ld Lupine Street and open the street. Kulchin The motion failed due to a lack of majority. Pettine Mamaux Larson Council moved that Lupine Street be constructed with a turf block landscape and the developer enter into Lewis Road. Lars on of the street to be reconsidered upon opening Arenal Mamaux construction to City standards, with the construction X Pettine an agreement and post a cash deposit for future Kulchin Council certified EIR 83-2 (A) and approved the Lewis Negative Declarations issued by the Planning Director. Kul chin X Pettine Mamaux Larson Council introduced the following Ordinance: Lewis Kulchin X ORDINANCE NO. 9839, APPROVING MASTER PLAN MP-177 FOR Pettine THE PACIFIC RIM COUNTRY CLUB AND RESORT, A MIXED USE PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AVENUE Larson COMMUNITY CENTERED AROUND A HOTEL AND GOLF COURSE ON Mamaux as read by the Assistant Planning Director. (See page additional condition regarding use of reclaimed water BETWEEN 1-5 AND EL CAMINO REAL, modified to include the 6) Council directed the City Attorney to prepare documents Lewis approving LFMP 87-19, GPA/LU 85-2, LCPA 87-4, (LCPA 87-2 Kulchin (A), LCPA 87-5 (LCPA 87-2 (B), MP-.177, CT 85-35 and CP Pettine 223, PUD'S 102, 103, 104, 105 & SDP 86-2. X Mamaux Larson 10. AB 89234 - GENERAL PLAN AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT - GPA/LU 87-4/LCPA 87-3 (LCPA 87-2E) LAUREL TREE. This item was continued to December 15, 1987. Pettine 11. #AB 9216 - Supplement 81 - ADOPTION OF THE 1985 Kulchin X Lewis UNIFORM BUILDING CODE. Mamaux Larson This item was continued to December 15, 1987. 357 ,m m MINUTES y$ December 8, 1987 Page 11 COUNCIL % 9/ MEMBERS 5 ' DEPARTMENTAL AND CITY MANAGER REPORTS: (77) 12. AB f9235 - REPORT ON EXEMPTION FOR R-1 LOTS/ZONE 6 I LOCAL FACILITIES MANAGEMENT PLAN. This item was taken out of order. (See Page 3) (86) 13. AB /I9226 - CITIZEN REQUEST - ELM AVENUE. This item was continued to the meeting of January 12, 1988. (86) 14. AB f9225 - CITIZEN REQUEST - MODIFICATION OF TRAFFIC CIRCULATION PLAN. This item was continued to the meeting of 3anuary 12, 1988. (72) 15. AB f9236 - NO PARKING ZONE ON MIDDLETON DRIVE AND WOODSTOCK STREET. This item was continued to December 15, 1987. (96) 16. AB R9237 - DESIGNATION OF PONTIAC DRIVE AS A (78) THROUGH STREET AND ESTABLISHING A SPEED LIMIT ON A PORTION OF PONTIAC DRIVE. This item was continued to December 15, 1987. (22) 17. A6 89238 - COMMUTER AIR SERVICE AT PALOMAR AIRPORT. This item was continued to December 15, 1987. CLOSED SESSION: i (41) 18. CLOSED SESSION PENDING LITIGATION. This item was continued to December 15, 1987. ADJOURNMENT: By proper motion, the Meeting of December 8, 1987, was adjourned at 10:14 p.m., to Bednesday, December 9, 1987, at 7:30 p.m., for the Golf Association Meeting. Respectfully submitted, &&-&LC &?- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 356