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HomeMy WebLinkAbout1986-04-08; City Council; Minutes.? e MINUTES 0 Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: April 8, 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. ADMENDMENT TO MINUTES OF ADJOURNED REGULAR MEETING, MARCH 12, 1986. The City Clerk requested approval of an amendment clarifying action on the Batiquitos Lagoon Educational Park Assessment District to indicate the District could be formed according to the provisions laid down by the Assessment Committee. Council approved the amendment to the Minutes of the Adjourned Regular Meeting held March 12, 1986. CONSENT CALENDAR: Council Member Lewis requested Item No. 4 be withdrawn from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item No. 4, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (50) 1. AB #8573 - REFUND OF FEES. Council approved the refund of $960.00 to Steve Howard for overpayment of fees. (50) 2. AB f8574 - REFUND OF FEES. Council approved the refund of $1,636.80 to Michael Straub for overpayment of fees. (60) 3. AB 88575 - AUTOMOBILE PHYSICAL DAMAGE INSURANCE. Council adopted RESOLUTION NO. 8481, authorizing the purchase of automobile physical damage insurance. (114) 4. AB F8444 - Supplement #I - ESTABLISHMENT OF FEE FOR SATELLITE ANTENNAE. This item was removed from the Consent Calendar. IW - COUNCIL /p % 94 MEMBERS % % Casler Lewis x> Chick x Kulchin > X Pettine X Casler Lewis x Chick XJ Kulchin > X Pettine X I t, MINUTES 0 April 8, 1986 Page 2 CONSENT CALENDAR: (continued) (25) 5. AB /I8576 - SITE II/COAST WASTE MANAGEMENT ANNEXATION. Council adopted RESOLUTION NO. 8483, approving the annexation of certain uninhabited territorv hereinafter described and designated as th; Site II/Coast Waste Management Annexation. (81) 6. AB 88577 - PURCHASE OF COMPUTER AIDED DISPATCH SYSTEM. Council adopted RESOLUTION NO. 8484, accepting a bid and authorizing the execution of a purchase order for a Computer Aided Dispatch System. (30) 7. AB f8578 - APPROPRIATION FOR PLAN CHECKS AND FIELD INSPECTIONS. Council adopted RESOLUTION NO. 8485, appropriating additional funds for plan checks and field inspections. 8. NUMBER NOT USED. ITEM REMOVED FROM THE CONSENT CALENDAR: (114) 4. AB /I8444 - Supplement #I - ESTABLISHMENT OF FEE FOR SATELLITE ANTENNAE PERMIT. Council Member Lewis asked to have this item withdrawn from the Consent Calendar to inquire how the fee for the existing antennae would be handled. Mike Holzmiller, Planning Director, stated those in existence will have one year to apply for a permit and comply with the new requirements. Council adopted the following Resolution: RESOLUTION NO. 8482, APPROVING FEES FOR THE SATELLITE ANTENNAE PROGRAM. DEPARTMENTAL AND CITY MANAGER REPORTS: (68) 9. AB 88579 - PROMOTIONAL TAPE FOR FOUNDATION FOR CARLSBAD COMMUNITY CABLE TELEVISION. Roger Greer, Director, Utilities and Maintenance, introduced Bob Lucas of Carlsbad Cablevision and Sharon Strong, of the Cable T.V. Foundation, who presented a five-minute promotional tape explaining the Foundation. Bob Lucas explained the upcoming "TV Pursuits" Telethon, scheduled for Thursday, May 29, 1986, from 6:OO p.m. to 9:OO p.m. Council and the City Manager agreed to participate. I48 c 5 MEMBERS COUNCIL \J 3 % % $ Casler xx Lewis X X Pettine x Chick x Kulchin a MINUTES m \p 5 April 8, 1986 Page 3 COUNCIL % 91 MEMBERS % % DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) IO. AB 88551 - REQUEST TO ADDRESS COUNCIL. Mrs. Mary Friedman had requested permission to address Council regarding Lake Calavera. Donald Brokenshire, 4015 Skyline Road, representing Friends of Lake Calavera Open Land, spoke for Mrs. Friedman, presenting slides of Lake Calavera. Mr. Brokenshire gave a history of the Lake and stated the friends of Lake Calavera are opposed to draining the lake or selling the property. They feel the lake area should be developed as a park. Mayor Casler stated this matter had been discussed with the Water District at a joint meeting and they decided there is no urgency at the present time. The Water District does not yet need money for capital improvement, so the decision was made to do nothing with the property at this time. City Attorney Vincent Biondo stated the judgment was made several years ago regarding this property. This was part of the assets of the Mutual Water Company and has always been an asset of the water enterprise and not available for public use. The City was involved in litigation with Costa Real Municipal Water District, and as a result, an extensive agreement was reached and a stipulated judgement commits the Calavera Hills property. The City is obligated, when needed, to dispose of that property and the money is to be used for the capital water system. Council heard the presentation and determined to take Casler xx no action on Lake Calavera. Lewis x Kulchin X Chick X Pettine X 11. AB .1\8528 - Supplement #1 - ELM I- AVENUE EXTENSION. City Manager Frank Aleshire gave the report as contained in the Agenda Bill, using a location map to I show the proposed extension of Elm Avenue. He stated there is a verbal agreement with the Sarkaria property owner that if the street improvement is paid for by the City, the owner would dedicate the right-of-way. The deeds are being prepared at the present time. When they are signed, the City will have an agreement for this right-of-way. Mr. Aleshire stated he was not recommending in total, the proposal made by the developer in his letter dated March 17, 1986. He was recommending a cap for the City expenditure of $285,000 including any costs for the right-of-way. * " IW - c i .a 0 0 MINUTES April 8, 1986 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mr. Aleshire referred to two triangular pieces of land located at the intersection of Elm Avenue and El Camino Real. It had been recommended the City vacate or sell those two places. The appraisal of that land was $50,000. He proposed the City vacate this land and not charge the appraised value, on the basis that the property has no value to anyone except the developer. Staff felt it would be advantageous to the City to have the developer maintain those slopes along El Camino Real. No additional density was granted to the developer because of this land. Mr. Aleshire stated the City might want to retain part of that land for a bus-stop. Council Member Lewis asked how this project, as far as the road was concerned, would be affected if the initiative did pass in November. The City Manager answered it would be affected in exactly the same way all other projects in the City would be affected. Anything approved by Council would have to compete with all other approved projects to determine who would get permits. Council Member Pettine stated the original developer had been granted a density bonus on this property and now they were asking the City to increase their contribution for the installation of the Elm Street extension. He asked whether the applicant was willing to discuss decreasing the density. The City Manager stated this had been discussed with the applicant and the applicant indicated he was not willing to consider lowering the density. 3im Gaiser, 3340 Ridgecrest Drive, addressed Council stating he felt Council needed to have an absolute cash cap on the City's contribution. He suggested a total cap of $285,000 even if Sarkaria right-of-way is not acquired without costs. On the vacation of the 1.4 acres at the corner of Elm Avenue and El Camino Real, Mr. Gaiser stated he thought it would be reasonable to place conditions on that wherein it would remain forever as a green area and not be used for any other purpose. If the decision was made to have commercial in that area, or there was a possibility of the City deciding on six lanes of roadway plus a bus lane, the City would be buying back their own property. He felt sufficient conditions should be placed on those two triangular pieces of property to protect the City. Bob Sherman, 3455 Charter Oak Drive, spoke referring not believe the intent was to have the City provide funding for the street extension. He also expressed agreement with the comments of Mr. Gaiser. Pat Allen, 3609 Laredo Street, representing Buena Vista School Parent's Association, spoke on behalf of the parents east of El Camino Real who drive their children to school. She stated there is a lack of a direct route from the eastern area of the City. She ~ to the conditions on the project and stated he did asked for the City's participation in the extension of Elm Avenue. 1% - \v 5 COUNCIL (% % MEMBERS % % - IC 0 MINUTES e April 8, 1986 Paqe 5 - DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 3une Applegate, 2911 Via tibertad, stated they had waited a long time for Elm to go through as it is very difficult to get downtown from the eastern portion of the City without a direct route. Lyndie Meissner, 3611 Kingston Street, addressed Council stating Carlsbad is really a split community between the east and the west because of the lack of Elm Avenue as a through street. Howard Harmon, 2762 Inverness Drive, Calavera Hills, spoke on behalf of several residents in that area, agaln commenting on the lack of access to downtown. He stated Tamarack Avenue and Chestnut Avenue were not able to carry the traffic adequately and it is difficult to reach downtown without a direct route. He felt the downtown merchants would be eager to have the Elm Avenue extension and the Calavera Hills people would support Council on any action to speed up this development. Hap L'Heureux, President of Carlsbad Chamber of Commerce, referred to a letter he had written on behalf of the Chamber and the Village Merchants urging connection of Elm Avenue. He stated it would be an opportunity for the residents east of El Camino Real to discover the downtown area. Mr. L'Heureux stated if this is approved, Council should then give attention to the intersection of Pi0 Pic0 and Elm Avenue, This extension of Elm Avenue will affect several other major intersections in the City, but it is extremely important to the circulation plan, the functioning of the downtown area and the Redevelopment Area. George Marions, 3462 Corvallis, urged Council to adopt the extension of Elm Avenue. John Billings, 2807 Via Diego, Tanglewood, addressed Council stating he would be happy to see an access to the downtown area. Helmut Kiffman, the applicant, spoke regarding the cap on the funds for the project. He stated it was his obligation to acquire the 3andro right-of-way. He stated the 1.5 acres at the corner of Elm Avenue and El Camino Real on the south side is joined with an open space lot, On the north side, the land becomes part of the slope of the apartment complex. In answer to query, Mr. Kiffman stated there was currently a requirement to widen El Camino Real to three lanes. Mr. Kiffman indicated a bus lane would not be an issue and they would return this property to the City. He also stated they would prefer the City not retain the ownership of this property, as it would be more advantageous for the sub-division to be completely on property owned by the developer. Mi G; I Id - COUNCIL /p % % MEMBERS % $ ., 0 MINUTES 0 April 8, 1986 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) In answer to query about reducing density, Mr. Kiffman stated he would not consider negotiating for any reduction in density. This project would not be feasible economically if the density were reduced. He stated the requirement to build three lanes of El Camino Real also included building the median. Council Member Chick mentioned a reversionary clause for the property along El Camino Real, and the applicant indicated this would be agreeable with them Council Member Pettine stated he agreed Elm Avenue should be put through, but he felt the crucial issue was whether or not this project was the proper project to put Elm Avenue through. A density bonus was granted to the original developer a couple of years ago. This apartment project was probably not the type of project, under the current conditions, that staff would recommend. He stated he was willing to contribute City funding, but he wanted a reduction of the density on the apartment project before he could support this project. Council authorized the City's participation in the extension of Elm Avenue from Donna Drive to El Camino Real, and instructed the City Attorney's Office to prepare appropriate documents for the following actions: 1. Council authorized the City to acquire the 2. Council authorized the condemnation of 3andro Sarkaria right-of-way. right-of-way subject to the developer paying the full cost. 3. Council authorized the City Manager to initiate the vacation of the El Camino Real surplus property. on the street bond from Community Resources Company. 5. Council indicated that the City's expenditure, including any costs associated with Sarkaria right-of-way, would not exceed $285,000. 4. Council authorized the City Attorney to foreclose RECESS Mayor Casler declared a Recess at 7:40 p.m., and Council reconvened at 7:45 p.m., with all Members present. I 147 - COUNCIL /p % % MEMBERS % $ Casler Lewis X Pettine xx Chick X Kulchin I ., MINUTES 0 April 8, 1986 Page 7 ~~ -~- DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Chick stated he felt Item No. 12 and Item No, 13 should be considered together, inasmuch as his memorandum does recommend action to be taken on Macario Canyon Park. Mayor Casler commented Item No. 12 and Item No. 13 could be heard at the same time. (113) 12. AB #8580 - MACARIO PARK MASTER PLAN UPDATE. I_ (70) 13. MEMORANDUM FROM COUNCIL MEMBER CHICK. Dave Rradstreet, Director of Parks and Recreation, gave the staff report on Item No. 12 as contained in the Agenda Bill. Roy Sanchez, 3482 Roosevelt Street, addressed Council stating his preference for going ahead with the feasibility study and letting Council decide whether to go ahead with the Macario Canyon Project. He stated Cannon Road to College Avenue is holding UQ any improvements of the park and the next priority should be to work on Cannon Road. He stated there was a fifteen year plan for the park, with a small portion to be built each year. Harold H. titten, 7108 Santa Barbara, stated he had looked at the proposals and felt it was a matter of timing and whether or not the City wanted to go ahead with the development of Hacario Canyon. If they wait until Calavera is completed, that could be 1 to 1 112 years. He felt the longer the City waited to bring in a consultant to coordinate this project, the more the project would cost. He felt it was important to get the planning for that park underway at this time, Mike O'Hara, 6361 Gibraltar, La Costa, stated his group had been trying to put together a proposal for a theatre, and they are willing to fund a marketing study to find out whether or not the area would support any of these proposals. However, if they find the project is feasible, they would like to be assured the City Council would support their Findings. In answer -to question, Mr. O'Hara stated it would take approximately four months ?or ';hat study to be completed. games Courtney, 4914 Avila Lane, Chairman o? CA2A and a citizen of Carlsbad, stated there was no need for a Master Plan, inasmuch a5 there is already a Master ?lan. He referred to the chart on the board Indicating the Macario Canyon Master Plan. He stated he felt the City should proceed with the Master Plan it now has. Don Mead, 4140 Adams Street, spoke as a golfer, stating the golf course would not have to be a money loser. With a creative approach this could be a money maker for the City. He also felt the City needed to get started on the park now. I43 -r COUNCIL \y % * ?k MEMBERS % fl - - ,& MINUTES a April 8, 1986 Page 8 ~~ ~ ~- DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Chick stated he did not feel a new Master Plan was needed. All sorts of City activities are done without a Master Plan. He stated Cannon Road will be put through to the edge of the Macario Canyon Road property, and a half width could be put through to 1-5. He suggested hiring a coordinator and putting that person in charge of coordinating the feasibility study and the management of a comprehensive review of the Master Plan. Council Member Lewis stated he felt 1-5 access was important. He felt if the access to 1-5 could be resolved, the park should be considered. Council Member Pettine concurred. Council Member Chick made a motion the City hire a consultant to work with staff to coordinate the five points listed in his memorandum dated March 26, 1986 to the City Council. Motion failed for lack of a majority. Council recommended the memorandum from Council Member Chick be placed on the Agenda again when Cannon Road is discussed. Council directed staff to proceed with the golf course feasibility study. Council authorized staff to coordinate the theater proposal with the citizens interest group at no cost to the City. , 1 (28) 14. AB f8581 - HOUSING AND REDEVELOPMENT ADVISORY ~ COMMITTEE APPOINTMENTS. I I Council adopted the following Resolutions: (one motion) RESOLUTION NO. 8486, REAPPOINTING JERRY ROMBOTIS TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE. RESOLUTION NO. 8487, REAPPOINTING HAROLD CLARKE TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE. RESOLUTION NO. 8488, REAPPOINTING THELMA HAYES TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE. 142 I COUNCIL \j 5 3 ?i MEMBERS % Q Casler Lewis Kulchin Pettine xx Chick X Casler X Kulchin Lewis xx Pettine X Chick Casler xx Lewis X Kulchin X Chick X Pettine X Casler Lewis xx X Chick X Kulchin X X Pettine - _I -> e (b MINUTES April 8, 1986 Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) (76) 15. AB #8571 - PLANNING COMMISSION APPOINTMENTS. Mayor Casler requested Council continue the appointment of a member to the Planning Commission to replace 3im Smith. Council adopted the following Resolution: RESOLUTION NO. 8477, REAPPOINTING KIP MCRANE TO THE CARLSBAO PLANNING COMMISSION. (113) 16. AB #8526 - Supplement #2 - REPORT ON SDP 84-8(A) - BREHM. __.” Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. In answer to query, Mike Holzmiller stated when a site development plan expires, as this one had, a new plan is submitted. However, the applicant still has an approval to build the apartment project. The only thing the site development plan involves is the specific design. In answer to query, Mr. Holzmiller stated there have been no conditions applying to Rancho Santa Fe Road or circulation as far as this project. The revised site development plan addressed those needs, and before this project could go forward a plan for widening Rancho Santa Fe would have to be approved by Council and a plan for La Costa Avenue. The applicant would be required to pay traffic impact fees and also to pay any new fees between now and 3uly 20, 1986, when the moratorium expires. Whether or not this project was exempt from the moratorium was the next question, and it was determined that it was not. They must have a community facilities program for that area before they could proceed . Laurie Hughes, 6854 Via Verano, asked whether Council received the letters they had written. She requested Council to reconsider their decision and deny the approval of .this project to insure the homeowners in the area the quality 07 li?? they expected upon moving there. She made reference to a petition with 4-5 signatures. 3anet Gallant, 6814 Via Marinero, Phase I1 of Brookfield, stated her concern about the traffic and stated the approval February 18, 1986, was without people being advised of the hearing. She felt the Brehm representatives misrepresented what would be built in that area. Craig Blazinski, 6805 Via Marinero, Brookfield Area, stated .they were informed by Brehm that custom homes would be built in that area. They were never told an apartment project would be across the street. I41 c \p 5 COUNCIL % % MEMBERS % G Casler X Pettine x Chick x Kulchin x Lewis x>( - T , I I ~ 1 I I .* * MINUTES a April 8, 1986 Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Donna Blazinski, 6805 Via Yarinero, who lives across the street from where the apartment complex is to be built, stated there was a lack of communication between the new home buyers and the employees of Brehm. Bill Deering, 6853 Via Verona, concurred with the previous speakers and stated there had been no indication by Brehm to prospective buyers of any apartment complex to be built in that area. Bill Hoover, 2835 Camino Del Rio South, San Diego, General Council - Brehm Communities, stated he was informed that the specifics of the project had been disclosed. He stated this apartment project was really not a part of their single family homes. He supported staff's recommendation to take no action. Mr. Hoover stated they did not have maps in the sales office showing an apartment complex on there because they did not have approval of the final design. In answer to query, the City Attorney stated the decisions had already been made on this project in 1984. The General Plan, zoning and land use were all determined. There would be difficulty in cancelling the PUD. Mr. Riondo stated as far as the complaints of the property owners heard this evening, those were private matters between the developer and the purchasers. He also noted that certain matters are regulated by the State Department of Real Estate, and noted the people could file a complaint through that agency. Council Member Pettine stated he had a problem with this project. He felt an apartment project should not have been approved next to single-family homes. Mike Holzmiller, Planning Director, used a transparency to show the variety of zoning in that area. He stated the PUD allowed the apartment project. All of this area could be attacked housing and could be a higher density. The project complies with all ordinances and standards. The applicant determined he wanted single-family units on part of the project with an apartment project on another portion in order to achieve the density, Council accepted staffTs report and took no ?urtRer action. Council Member Pettine stated he opposed this project and felt Council action should be rescinded and the project sent back for re-examination. Council Member Kulchin asked to be excused at 9:50 p.m. /YO 7 COUNCIL /p % % MEMBERS % $ Casler Pettine X Chick X Kulchin X Lewis xx - - 4 1) MINUTES April 8, 1986 Page 11 OFF-AGENDA ITEM: Council Member Pettine made a motion for an off-agenda item regarding SCA-9. (62) SCA-9 I Council Member Pettine referred to Council's previous action regarding a request from Senator Boatwright regarding support for SCA-9. Council Member Pettine indicated since Council action, he learned that this legislation would give the governor the power to change the decision of the parole board, and requested the Council reconsider their previous action expressing support for the legislation. Council Member Chick stated he would call Sacramento to receive clarification. Council agreed to seek clarification on SCA-9 before confirming support of the legislation. COUNCIL REPORTS: Hi-Way 78 Council Member Chick stated he had aztznded a meeting of all the cities along the Hi-Way 78 corridor, He He reported each city was to designate a staff member to meet and discuss the selection of a consultant. The City Manager indicated he would designate a staff member. Senior Citizen Commission Mayor Casler reported on the recent Senior Citizen Commission meeting, and stated they had requested a joint meeting or workshop with Council. AD30URNMENT: By proper motion the Meeting of April 8, 1986, was adjourned at 10:02 p.m. Respectfully submitted, (&!&ti&/. - ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tc 13 9 -.. \p 5 COUNCIL % 5 MEMBERS % $ Casler Lewis Chick Pettine x: Casler Lewis Chick Pettine x: 1 I 1 1 I ~