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HomeMy WebLinkAbout1993-11-02; City Council; Minutes (2)a 0 . MINUTES MEETING OF CrrY COUNCIL (Regular Meeting) DATE OF MEETING: November 2,1993 TIME OF MER1NG: 6:OO p.m. PLACE OF ME€llNG: Ci Council Chambers - CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:ll p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Kulchin. IWOCAllON was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. ANNOUNCEMENT: Mayor Lewis announced that all Council Members have been invited to a reception for the Futtsu delegation on Friday, November 5, 1993, 6:OO p.m., at the Aviara Clubhouse. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held October 12, 1993. Minutes of the Regular Meeting held October 12, 1993. AYES: Lewis, Stanton and Finnila ABSTAIN: Nygaard CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 3, as follows: AYES: Lewis, Stanton, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. &bo 0 e November 2, 1993 Page 2 CONSENT CALENDAR: (Continued) 55 1. AB #12,450 -AWARD OF CONTRACT FOR REMOVAL OF HAZARDOUS WASTE FROM CITY- 45 OWNED PROPERTIES - CONTRACT NO. U/M 93-9. Council adopted RESOLUTION NO. 93298, accepting bids and awarding the contract in the amount of $36,580 to Hazardous Waste Disposal Specialists of Carlsbad for the removal of hazardous waste from various City-owned properties for FY 1993-94. 70 2. AB #12,451 - APPROVAL OF AGREEMENT WITH NORTH SAN DIEGO COUNTY TRANSIT 45 DEVELOPMENT BOARD REGARDING BATlQUlTOS LAGOON ENHANCEMENT PROJECT. Council adopted RESOLUTION NO. 93299, approving an agreement with North San Diego County Transit Development Board regarding work on NCTD facilities within the NCTD right-of-way required for the Batiquitos Lagoon Enhancement Project. 78 3. AB #12,452 - APPROVAL OF COST SHARING AGREEMENT FOR D.A.R.E. PROGRAM. 45 Council adopted RESOLUTION NO. 93300, approving a cost-sharing agreement with the Carlsbad Unified School District for the Drug Abuse Resistance Education (D.A.R.E.) Program for Fiscal Year 1993-94. ORDINANCES FOR ADOPTION: 113 4. AB #12,457 - ZC 93-2/SDP 93-6/SUP 93-2/HDP 93-8 - VILLAS AT EL CAMINO REAL. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- zoning map to grant a zone change, ZC 93-02 from L-C to RD-M on property generally located adjacent to and west of El Camino Real, south of Camino Vida Roble and north of Alga Road, in Local Facilities Management Zone 21. - 264, amending Title 21 of the Carlsbad Municipal Code by an amendment to the AYES: ' ' Lewis, Stanton, Nygaard and Finnila ACTION:. On motion by Mayor Pro Tern Stanton, Council adopted RESOLUTION NO. 93- Special Use Permit and Hillside Development Permit for a 344 dwelling unit apartment project on property generally located adjacent to and west of El Camino Real, south of Camino Vida Roble, north of Alga Road in the Southwest Quadrant of the City, in Local Facilities Management Plan Zone 21. - 302, approving a Conditional Negative Declaration, Site Development Plan, AYES: Lewis, Stanton, Nygaard and Finnila 99 5. AB #12,458 - EIR 90-5/GPA 90-4/MP lSO(G)/CT 90-26/PUD 90-26/HDP 90-33 - CALAVERA 113 HEIGHTS. 57 Mayor Pro Tem Stanton stated she has a conflict of interest on this item and left the dais. 657 0 0 November 2, 1993 Page 3 ORDINANCES FOR ADOPTION: (Continued) Ron Baker, 2968 Lancaster Road, spoke in opposition to the location of College Boulevard through the Cape area, stating the noise impact would lower property values and lower their quality of life. He said the developer should have to install a sound attenuating wall on the west side of the road. Mr. Baker also inquired whether College Boulevard was always planned as a four-lane road. Larry Lamb, 2970 Lexington Circle, spoke in opposition to the location of College Boulevard. Lex Williman, 10179 Huennekens, San Diego, representing Lyon Company, asked for a clarification on Resolution 93-301, Item 4, regarding the fee for sound attenuating walls. Mr. Williman asked that adoption of this Ordinance not be postponed. City Engineer Lloyd Hubbs stated the condition concerning adoption of a fee in Section 4 of the Resolution could be deleted. ACTION: On motion by Council Member Nygaard, Council amended RESOLUTION NO. 93- condition requiring the developer to conduct a noise study; but mitigation, if any, would be paid for by the homeowners association and/or other parties. - 301, Item #4, to delete language about the consideration of a fee and insert a AYES: Lewis and Nygaard NOES: Finnila ABSTAIN: Stanton ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- Quadrant of the City in the Calavera Hills Master Plan in Local Facilities Management Plan Zone 7; and adopted RESOLUTION NO. 93301, approving an Environmental Impact Report, General Plan Amendment, Master Pian Amendment and various discretionary applications for a project on approximately 100 acres of lane generally located in the Northeast Quadrant, south of the northern City limits, east of Local Facilities Management Plan Zone 1 in Local Facilities Management Plan Zone 7, as amended by the previous motion and Council action. - 255, adopting the Calavera Hills Master Plan Amendment located in the Northeast AYES: Lewis, Nygaard and Finnila ABSTAIN: Stanton Mayor Pro Tem Stanton returned to the dais. 258 0 0 November 2, 1993 Page 4 ORDINANCES FOR ADOPTION: (Continued) 66 6. AB #12,456 - MOBILE HOME RENT CONTROL. ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- - 263, setting limits on rental increases in mobile home parks until such time as the mobile home park fair market rent study is completed and the Council acts on the matter of permanent rent control. AYES: Lewis, Stanton, Nygaard and Finnila HOUSING AND REDMLOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:49 p.m., and re-convened at 7:40 p.m., with four Members present and Council Member Kulchin absent. PUBLIC COMMEW. Geoff Bell, 3686 Highland Drive, requested Council revisit the Leg0 item on December 7, 1993, to determine whether or not this would be placed on the November 1994 ballot, if Leg0 chooses Carlsbad. He also expressed opposition to Council moving the Public Comment section of the agenda to an uncertain time. Mayor Lewis stated that if Leg0 chooses Carlsbad, the item will be placed on the agenda by December 7, and citizens will have the full amount of time to gather signatures. Courtney Heineman, 2879 Woodridge Circle, spoke on the fire danger in Hosp Grove and the potential damage to the surrounding homes, and requested Council direct staff to clean the area. William Jubb, 3993 Highland, requested that the Public Comment section be set at a specific time to enable the citizens to plan when to be present. DEPARTMENTAL AND CITY MANAGER REPORTS 104 7. AB #12,460 - FINAL VILLAGE TRANSIT STATION DESIGN AND SITE PLANS. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 304, to approve the design and site plans for the Carlsbad Village transit station, amended to include the conditions contained in the material distributed, with the modification of the condition for Issue #6 so the third access requirement is triggered by the same mechanism as the additional parking requirement. AYES: Lewis, Stanton, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 7:50 p.m., and Council re-convened at 8:OO p.m., with four Members present and Council Member Kulchin absent. 253 0 0 November 2, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 97 8. AB #12,453 - STREETSCAPE PHASE V UPDATE. Council received a report from staff on the construction status of Streetscape Phase V. 97 9. AB #12,454 - STREETSCAPE PHASE V (CARLSBAD VILLAGE DRIVE) MEDIAN OPENING AT MOTEL 6 DRIVEWAY. Traffic Engineer Bob Johnson explained the access options as contained in the agenda bill, noting Option #3, a larger opening, would be the worst option for traffic safety purposes. In response to Council query, he stated that Motel 6 and Carl’s Jr. have access off Grand Avenue. Robert Sonneman, 52 El Sereno Court, San Francisco, CA 94237, partner/owner of Chevron Properties, spoke in favor of Option #1, which would implement the median installation of Carlsbad Village Drive between Harding Street and Interstate Highway 5 as currently designed; providing an opening in the median to serve eastbound left turns to the Motel 6 driveway. Rick Johnson, 1044 Carlsbad Village Drive, owner of Carlsbad Chevron, spoke in favor of Option #l. He stated that it would be difficult to use Grand Avenue as the access, since traffic would be going through a parking lot with jogs. John Grant, 71 73 Obelisco Circle, owner/partner with Mr. Sonneman, stated the three businesses, Denny’s, Motel 6 and Chevron have one sign with the three logos on it and have an agreement for access to the three businesses. He stated that the proposed ramp by Carl’s Jr. was not acceptable due to the volume of traffic and the risk of accidents. Mr. Sonneman and the Grants dedicated property to the City based on the plans they were shown with the access. He also referenced the letter from Michael A. Ferraro dated October 20, 1993, explaining the reasons for denying access to Carl’s Jr. Bob Bertani, 1048 Carlsbad Village Drive, General Manager, Denny’s Restaurant, concurred with Option #l. Norman Vetter, 810 Mission Avenue, Ste 300, Oceanside, representing Greg Losa, owner of the Carl’s Jr. property, stated Carl‘s Jr. would have no left turn access if Option #1 is adopted. All the other properties on both sides of Carlsbad Village Drive would have left turn access, except Carl’s Jr. He stated they had done everything possible to reach an agreement, but Motel 6 would not agree. He said they offered to pay them, indemnify them, and they hired a professional engineer who has determined that a shared access is workable. Charlotte Thatcher, 3490 Seacrest Drive, owner at 1044 Carlsbad Village Drive (Chevron), suggested not putting any median in that entire block. Jerry Holmquist, 1300 South Beach Boulevard, La Habra, Chevron USA, Inc., stated the freeway traffic is very important to that Chevron Station and he supports Option #I. Sam Kab, 4540 Kearny Villa Road, San Diego 92123, Traffic Engineer, stated he was employed by Urban Systems Associates, Inc., on behalf of Carl’s Jr. He referred to the modifications to Option #3 that he proposed. 256 m m November 2, 1993 . Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mark Weber, 1500 Quail, #200, Newport Beach, representing Carl’s Jr. Enterprises, stated that adoption of Options #1 or #2 would deprive the Carl’s Jr. property of a left turn access and would be damaging to the business and value of the property. He said he was disappointed that Motel 6 would not work with them to reach an agreement. Colleen Ford, Manager of Corporate Real Estate for Carl’s Jr., 2300 North Harbor, Anaheim, referred to a letter faxed to the City today. She said the other businesses state their business would suffer with a closure of the median. Carl’s Jr. will also suffer without a left turn access. Ms. Ford said that all businesses should have access. ACTION: On motion by Mayor Lewis, Council adopted Option #4, to close the eastbound left-turn median that serves Motel 6 and, instead, provide the opening at Carl’s Jr.. It would be incumbent upon Carl’s Jr. and Motel 6 to work with staff to arrive at an acceptable reciprocal access agreement. If Carl’s Jr. does not grant a ramp for Motel 6, the median design would return to Option #l. Staff was also directed to report back to Council on the matter at the November 16, 1993, Council meeting. AYES: Lewis, Stanton, Nygaard and Finnila 51 10. AB #12,459 - AWARD OF CONTRACT FOR RENOVATION TO FIRE STATION NO. 1 - CONTRACT 45 NO. U/M 93-6. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- 303, accepting bids and authorizing the execution of Contract No. U/M 93-6 for theFire Station No. 1 renovation, and appropriating $100,000 from the General Fund into the project. AYES: Lewis, Stanton, Nygaard and Finnila 3 7 ’ 11. AB #12,455 - METHOD OF FILLING VACANCIES IN ELECTED OFFICES. This item was continued one week. 97 12. AB #12,461 - CHANGE ORDER FOR PALOMAR AIRPORT AND EL CAMINO REAL WIDENING - CONTRACT NO. 3166. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 305, approving Change Order No. 15 for Palomar Airport Road and El Camino Real widening, Contract No. 3166. AYES: Lewis, Stanton, Nygaard and Finnila COUNCIL REPORTS: Due to the lateness of the hour, Council Reports were continued. g55 e 0 November 2, 1993 Page 7 ADJOURNMEKT: By proper motion, the Regular Meeting of November 2, 1993, was adjourned at Io: I I p.m. Respectfully submitted, -R+ ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 25Y