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HomeMy WebLinkAbout1991-05-07; City Council; Minutes'0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 7, 1991 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 Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent : None. INVOCATION was given by Reverend William Moqyin of the Holy Cross Episcopal Church. PLEDGE OF ALLEGIANCE was led by Council Member Larson. " PRESENTATIONS : Mayor Lewis read and presented a Proclamaticn for NATICNAL HISTORIC PRESERVATION WEEK to Historic Preaerv3tion Cornmission Chair Marge Howard-Jones and Vi.ce- Chair Dennis Gallegos. Mayor Lewis presented a Proclamation for MILITARY SPOUSE DA: to Nancy Griffin of the Military Spouses Business & Professional Network Organization. Council Member Stanton presented gifts to the City of Carlsbad from the Sister City of Futtsu, Japan. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 16, 1991, were approved as presented. " CONSEHJ! CALENDA3: I Mayor Lewis removed Item #2 from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item #2, as follows: I WAIVER 01" ORDINAN'J TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,137 - INCREASE TO SENIOR DIVISION GRANT -" BUDGET. Council adopted RESOLUTION NO. 91-136, approving an increase to the Ssnior DLvisio~ Grant Budget in tho adtount of $2,262. 2. AB #11,138 - BCOKING FEE LITIGATION - JOINT POWERS AGREEMENT. This item was rernovcd frcm the Consent Calendar. 86 - COUNCIL /\I\ % %% % MEMBERS % s% $ Lewis X Nygaard X Stanton X Larson xx Kulchin X Lewis xx Rulchin X X Nygaard X Stanton X Larson 0 0 MINUTES I May 7, 1991 Page 2 "- CONSENT CALENDM-: (Continued) 3. AB 511,139 - SETTLEMENT OF DABBS V. WESCO HOMES LITIGATION - CASE NO. N46005. Council adopted RESOLUTION NO. 91-138, approving the Settlement and Release Agreement. 4. AB #11,140 - AGREEMENTS FOR PREPARATION OF EIR FOR THE SHELLEY CARLSBAD SUBDIVISION - EIR 90-6. Council adopted RESOLUTION NO. 91-139, approving an agreement with M. F. Ponseggi and Associates fcr the preparation of an environmental impact report for the Shelley Ca-Lsbad Sutdivision, and an agreement with Daniel Shelley Consulting Services for payment of fees for preparation of the EIR. 5. AB #11,141 - AbENQ4IiINT OF BUILDING HAINTENANCE WORKER I, BUILDING MAINTENANCE-WORKER 11, SENIOR BUILDING MAINTENANCE WORKER AND PARK MAINTENANCE SPECIALIST CLASSIFICATIONS. Council adopted RESOLUTION N0.91-140, revising the classification and salary plan €or Building Maintenance Worker I, Building Maintenance Worker 11, Senior Building Maintenance Worker and Park Maintenance Specialist. 6. AB $11,142 - FINAL MP,P CARLSBAD TRACT 110. 85-24 UNIT 5 - CARLSBAD RESEARCH CENTER. Council adopted RESOLUTION NO. 91-141, approving the Final Map for CT 85-24, Unit 5. "- ITEM REMOVED FROM THE CONSENT CALENDAR: 2. AB #li, 138 - BOOKIIIZ FEE LITIGA'I'ION - JOINT-POWERS AGR3EIYENT. Council adopted the following Resolution: RESOLUTION NO. 91-137, approving a joint powers agreement among cities of the County of San Diego litigation regarding booking fees; and Council delegated autharity to the City Attorney to make changes to the agreement as it is processed through other cities, and authority to include a challenge of the property collection fee, if appropriate. PUBLI c COMMENT : Maurice Kimball, 1623 James Drive, thanked everyone for their thcuyhtfulness two years aso st the time of his heart attzck. Mr. Kimball stated he was totally opposed to the Price Clab. 83- COUNCIL /\iJ % %' 8 MEMBERS % %% Lewi s Stanton X Larson xx Kulchin X X Nygaard X b 0 e MINUTES - May 7, 1991 Page 3 ORDINANCE FOR ADOPTION: 7. AB #11,135 - SPEED LIMIT ON EL CAMINO REAL. Council adopted the following Ordinance: ORDINANCE NO. NS-147, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.060 to establish a prima facie 50 mile per hour speed limit upon El Camino Real from Lisa Street to the south City limit. PUBLIC HEARINGS: 8. AB #11,143 - PRICE CLUB DISCOUNT STORE PROJECT - GPA 90-1/LCPA 90-2/ZC 90-1/SDP 90-5/CUP 90-3/HDP 90-9/MS 837. This item was trailed to the end of the Agenda. (See Page 4) 9. AB #11,144 - APPEAL OF PLANNING COMMISSION OF AN ADMINISTRATIVE VARIANCE - AV 90-5 - FLAMING. This item was continued to May 14, 1991, at the request of the appellant. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB #11,132 - PROJECT SELECTION FOR 1991-92 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Council adopted the following Resolution: RESOLUTION NO. 91-134, selecting specific projects for funding under the 1991-92 Community' Development Block Grant Program, as follows: Casa De Amparo $10,000 North County Lifeline, Inc. 9,257 Comnunity Resource Center 10 , 000 Catholic Charities - matching funds 25,000 Aids Foundation San Diego 1 , 000 Ecumenical Service Center 10 , 000 Fraternity House 2,000 San Diego Mental Health Services 9,000 Western Institute Foundation for Mental Health 12,359 Boys and Girls Club (for sprinklers - matching funds) 5,000 Girls Club - matching funds 25,000 ( with another $25,000 matching funds possible if tiley build a child care facility) CDBG Affordable Housing Reserve Fund ($25,000 could be assigned to the Girls Club on a matching-funds basis if they have a child care center) 212,304 Paint-a-Thon 15,859 Program Administration 73,800 I 234 7 COUNCIL I\/\ % y$~%( MEMBERS Z. tp Z. tp Lewis X Nygaard X Stanton X Larson xx Kulchin X Lewis X Nygaard X .Stanton X .Larson xx Kulchin X 1 1 I I ~ i 0 0 MINUTES May 7, 1991 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 11. AB #11,147 - UPDATE OF CITY FISCAL CONDITION. Council received a status report on the fiscal condition of the City. Items 12, 13 and 15 were approved by one motion. 12. AB #11,075 - SISTER CITY COMMITTEE APPOINTMENTS. 13. AB #1,124 - PARKING AUTHORITY APPOINTMENT. 15. AB #11,121 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. Council agreed to appoint Thomas Mills to the Sister City Committee. RESOLUTION NO. 91-124, appointing Zonia Richards to the Parking Authority. RESOLUTION NO. 91-128, appointing Edward McCann to the Historic Preservation Commission. 14. AB #11,125 - PLANNING COMMISSION APPOINTMENTS. Council Members made the following nominations: Nygaard: Mary Melideo and Bailey Noble Stanton: Stephen L’Heureux and Bailey Noble Larson: Peggy Savary and Stephen L’Heureux Kulchin: Peggy Savary and Bailey Noble Lewis: Peggy Savary and Bailey Noble Council adopted the following Resolutions: (one mot ion ) PESOLUTION NO. 91-125, appointing Peggy Savary to cte 2lanning Commission. RESOLUTION NO. 91-126, appointing Bailey Noble to the Planning Commission. 16. AB #11,077 - DESIGN REVIEW BOARD APPOINTMENTS. This item was continued to May 14, 1991. PUBLIC HEARINGS: 8. AB #11,143 - PRICE CLUB DISCOUNT STORE PROJECT - GPA 90-1/LCPA 90-2/2C 90-1/SDP 90-5/CUP 90-3/HDP 90-9/MS 837. Staff reconmended the; the Memorandum to th? City Kanager from the Community Development Director dated May 2, 1991, be added to Condition #66. Mayor Lewis opened the duly noticed Public Hearing at 7:53 p.m., and issued the invitation to speak. 83 ”r COUNCIL I\/\ % %% % MEMBERS % s% % Lewis Stanton X Larson X Kulchin xx X Nygaard X Lewis Stanton X Larson X Kulchin xx X Nygaard X r a a MINUTES May 7, 1991 Page 5 PUBLIC HEARINGS: (Continued) Bill Hofman, Hofman Associates, addressed Council representing the applicant, giving a history of the application. He said that close to 4,000 postcards had been received by the Price Club representatives in support of the project. Mr. Hofman stated their agreement with the staff report and conditions, and requested approval. Josie McCloud, 902 Caminito Madrigal, spoke in opposition to the proposed project due to traffic safety reasons. Norm Nyhagen, 3445 Ann Drive, spoke in opposition to the project. Alain Blanc, 560 Grand Avenue, Carlsbad Stationers, representing 30 businessmen, spoke in opposition to the project because of the inadequacy of the roads, the architecture of the building and the water usage, and the impact on the smaller merchants. Mark Benson, 3812 Sierra Morena, spoke in opposition, stating the Price Club would hurt the local merchants in Carlsbad. Earline Bane, 829 Caminito Del Mar, spoke in opposition to the project, stating concerns about the traffic. Chuck Kinsey, 6873 Carnation Drive, spoke in opposition to the project, stating there would be a negative impact on many businesses in Carlsbad. He requested Council study the project further in the areas of sewer impact and crime before voting approval. A1 Coke, 6511 Camino Del Parque, retired builder from Orange County, spoke in opposition to the project, stating the two-hour closure in the afternoon would not be effective in preventing traffic problems. A. J. Skotnicki, 2668 Sausalito, spoke in opposition to the project, and -requested the item be continued two weeks to survey the residents of Carlsbad. Teresa Hilleary, 7488 Alicante Road, stated she did not oppose the Price Club and is a Member, but is opposed to the timing and completion of the project in relation to the I-5/Palornar Airport Road improvements. I 82 -.. COUNCIL /\I\ % 9&% % MEMBERS % $% $ 0 0 MINUTES c May 7, 1991 Page 6 PUBLIC. HEARINGS: (Continued) Beverly Hogan, 821 Caminito Del Mar, stated she had a petition with over 800 signatures, in opposition to the project. Tom Ratledge, 6826 Briarwood Drive, spoke in opposition to the project, and requested there be no access to the Price Club except from Palomar Airport Road. Anne Mauch, Ridgecrest Drive, spoke'in opposition to the wroject, reading a prepared statement from Pro j zct Future's Attorney. They feel this is 1mt a proper site for this project, as Palonar Airport Road is a scenic corridor; also, they said the projsct does not comply srizh growth maragemeat traffic standards. Ralph Summerfeldt, 1000 Chinquapin, spoke in opposition to the project, stating the local merchants will suffer, and because the project would create traffic problems in the area. Ralph Hardy, 6733 Canino Del Prado, opposed the project due to the loss of the flower fields. Janene Fichtler, 809 Sandbar Way, spoke in opposition to the project, stating that is an important corner in Carlsbad and the flower fields there are an attraction. She stated the Price Club does not fit in and would cause congestion and ai.r pollutior,. Linda Hasel, 966 Sea Cliff Drive, spoke in oppositicn to the project . Witt l?o>glett, 7206 Daffodil, stated he opposed tb.e Price Club because of the impact on local retail businesses and the addition31 traffic it will generate. Dave Maldonado, 6816 Zinnia Court, opposes the project on this site. , ,I . Jim Watscm, 3232. Lincoln -Street, stated this , . , project does not fit in with the well-planned community of Carlsbad. He said the downtown merchants will be out of business and there will be nothing to attract tourists. Larry Douglas, Buckingham Lane, spoke in opposition to the projEct. ~ kl I LJ 1 - COUNCIL \F %7 "0 J+% A MEMBERS *;t @ $ h 7 e a MINUTES COUNCIL I\/\ % ?k3 % May 7, 1991 Page 7 MEMBERS % %% % PUBLIC HEARINGS: (Continued) Marjorie Price, Alta Mira, opposed the project, saying a warehouse would change the face of Carlsbad. She said almost all residents of Alta Mira oppose the project. .' ' ' Don Schempp, i President, Chamber of Commerce, j read . ., from a letter addressed to the Planning Department dated May 7, 1991, in support of the proposed Price Club. Hope Wrisley, 2080 Basswood, Travel Agent, stated that competition is healthy and she supports the pro jecr, . Zonia Richards, 2648 Davis Place, spoke in favor of the project. Bob Wexler, 4564 Cape Cod Circle, spoke in favor of the Price Clllb, and a1.q suggested a raised median to prevent left turns on Paseo Del Norte. Wayne Bischoff, 1085 Laguna Drive, stated the Price Club would not take business from the downtown merchants and he felt the 4 - 6 p.m. closure would work. Girard Anear, 1728 Calavo Court, spoke in favor of the project. Caroline Prcscott, 4668 Woodstock Street, spoke in favor of the Price Club, stating it would not be competitive with the local merchants. Robert 1r:ller 77.23 Anillo Way, stated the mitiqati.on me2sures are designed .to alleviate the traffic problems, _1 Fred Durack, 3621 Harwich Drive, spoke in support of the proposed Price Club. Robert Meyer, 7133 Linden Terrace, representing Sea Cliff Homeowners Association Board of Directors, stated the tax money should be kept here in Carlsbad. He asked that the area lighting be faced downward to, avoid shining .up into the.adjoining areas. Lowell Ponte, 522 Tamarack, spoke in favor of the project . Cindy Ward, 937 Begonia Court, stated she approved of the Price Club. .I I. . .,. . .. . , ., 1 ,,. . - 80 0 a May 7, 1991 MINUTES Page 8 ~ ~~ PUBLIC HEARINGS: (Continued) Bailey Noble, 5470 Los Robles Drive, spoke in favor of the project. Chris Calkins, Carltas Company, 5600 Avenida Encinas, stated they sold the property to Price Club, which was the alternative to what was already approved for that site. He said that small businesses need to buy their supplies from the Price Club, and there will be no traffic at the morning peak time, and with the closing, none at the evening peak time. He urged approval of the project . John Anawalt, representing the Carlsbad Economic Enhancement Council, spoke of the benefits to Carlsbad. Lee Bohlmann, Chamber of Commerce, spoke in support of the Price Club, stating it will be a large.tax generator. Ken Bisque, 3160 Lincoln Street, spoke in favor of the Price Club. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 10:06 p.m. Due to the time, Mayor Lewis made a motion to carry this item over to the next Council Meeting. The motion died for lack of a second. RECESS : Mayor Lewis declared a Recess at 10:07 p.m., and Council re-convened at 10:15 p.m., with all Members present. PUBLIC HEARING: (Continued) In response to Council query, Mr. Hofman stated the applicant would oppose closing the access to Paseo Del Norte. Council Member Larson stated he favored the project, but had concerns about the appearance, and would like the SDP returned with a different set of elevations. He also agreed with closing the access to Paseo Del Norte; but felt the project should not be built until the improvements to the I-5/Palomar Ai.rport Road interchange are near completion. Council Member Kulchin concurred. 99 - COUNCIL I\/\ % %' % MEMBERS % $% $ ~ i I ~ * 0 MINUTES 7 May 7, 1991 Page 9 PUBLIC HEARINGS: (Continued) Council directed the City Attorney to prepare documents approving the Conditional Negative Declaration issued by the Planning Director, GPA 90-1, LCPA 90-2, ZC 90-1, SDP 90-5, CUP 90-3, HDP 90-9 and MS 837, with the following amendments: 1. Add the following to Condition No. 66: "The easement documents shall be worded such that the grant is not effective until the following conditions are met: A. The use of the easement by either property is compatible with the commercial use of the Price Club property with regard to vehicle types, traffic generation rates and adherence to traffic rules as determined by the City. B. The owner of the adjacent property agrees to share in the cost of maintenance and insurance based upon a pro-rata share of traffic using the easements. C. The owner of the adjacent property agrees to hold the Price Club harmless from any liability associated with the adjacent property owners use of the easement, and maintain independent liability insurance coverage. of the existing driveways on the Nurseryland property are closed to the satisfaction of the City" ; and D. For the Nurseryland property only, one or both 2. A condition deleting access to Paseo Del Norte; and 3. A condition requiring a revised site plan be returned to Council for further consideration regarding the elevations and appearance of the buildings. COUNCIL REPORTS : Due to the lateness of the hour, Council Reports were continued . ADJOURNMENT : By proper motion, the Meeting of May 7, 1991, was adjourned at 11:07 p.m. Respectfully submitted, &4i5%&,P@v ALETHA L. RAUTENKHANZ &4i5%&,P@v ALETHA L. RAUTENKHANZ City Clerk Harriett Babbitt Minutes Clerk ~ T.lx - COUNCIL /\I\ ?$ 3% % MEMBERS % %% % Lewis X Nygaard X Stanton X Larson X Kulchin xx