HomeMy WebLinkAbout1994-04-05; City Council; Minutes (2)0 e
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 5, 1994
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 Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis.
Absent: None.
INVOCATION was given by Reverend Father AI Capuchin0 of the Christ The King Orthodox Church.
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Stanton.
APPROVAL OF MINUTES:
None.
PRESENTATION:
Mayor Lewis presented a Proclamation to Liz Accardi of the EYE Counseling and Crisis Services
for DRUG AND ALCOHOL AWARENESS MONTH.
ANNOUNCEMENT:
Mayor Lewis announced that all Council Members have been invited to the following events:
Opening of Ontogen Corporation, 2325 Camino Vida Roble, on Wednesday, April 6, 1994, at 4:OO
p.m.; and
Adult Learning Program Potluck Dinner at Harding Community Center, 2096 Harding Street, on
Saturday, April 9, 1994, at 6:OO p.m.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the
action of the Consent Calendar, Items #I through #6, as follows:
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
ABSTAIN: Kulchin (Item #4)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
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April 5, 1994 Page 2
CONSENT CALENDAR: (Continued)
$1 9. AB #12,642 - SElTLEMENT OF LAWSUIT O’BRIEN V. CITY, CASE NO. N58341.
Council adopted RESOLUTION NO. 94-91 , authorizing settlement of litigation entitled O’Brien v.
City of Carlsbad, Case No. N58341, and authorizing payment of the settlement amount of $20,000
from the liability self-insurance reserve account.
41 2. AB #12,643 - SETTLEMENT OF LAWSUIT DESANTIS-NIELD V. CITY, CASE NO. N59497.
Council adopted RESOLUTION NO. 94-92, authorizing settlement of litigation entitled Desantis-
Nield v. City of Carlsbad, Case No. N59497, and authorizing payment of the settlement amount
of $15,000 from the self-insurance reserve account.
97 3. AB #12,644 - ACCEPTANCE OF 1992-93 CHIP SEAL PROGRAM - CONTRACT NO. U/M 93-2. I5
Council accepted improvements for the 1992-93 Street Chip Seal Program, authorized the City
Clerk to record the Notice of Completion, and authorized release of retention funds and bonds
in accordance with State law and City ordinances.
)9 4. AB #12,645 - CT 933/CP 93/2/SDP 93/2/HDP 93-3 - POINSETTIA HILL.
Council adopted RESOLUTION NO. 94-93, approving a Mitigated Negative Declaration, Tentative
Subdivision Map, Condominium Permit, Site Development Plan and Hillside Development Permit
for a 184-unit multi-family residential development on 36.2 acres of land generally located south
of Palomar Airport Road and west of El Camino Real in Local Facilities Management Plan Zone
21.
ABSTAIN: Mulchin
112 5. AB #12,646 - DECLARATION OF PUBLIC NUISANCES - CITY OF CARLSBAD WEED ABATEMENT PROGRAM.
Council adopted RESOLUTION NO. 94-94, declaring as public nuisances weeds, rubbish and
refuse upon private property in the City of Carlsbad and setting a public hearing on the matter
for April 19, 1994.
34 6. AB #12,647 - EMPLOYEE CAPITAL EQUIPMENT COMMllTEE REQUESTS FOR CAPITAL PURCHASES.
Council adopted RESOLUTION NO. 94-95, authorizing the purchase of various capital equipment
as recommended by the Employee Capital Equipment Committee and appropriating $54,100 from
the General Fund for the purchases.
PUBLIC COMMENT:
Richard Yoder, 7738 Madrilena Way, spoke about the public hearing process, stating that the citizens
would find the process stacked against them and their views. He urged Council to listen to the speakers.
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PUBLIC HEARINGS:
77 7. AB #12.650 - ZONE BOUNDARY ADJUSTMENT BETWEEN LOCAL FACILITIES MANAGEMENT PIAN ZONES 4 AND 20.
This item was continued to April 19, 1994.
Mayor Lewis announced that Items 8 and 9 would be taken together.
113 8. AB #12,648 - GREEN VALLEY MASTER PIAN - EIR 93-1/GPA 931/MP 92-1/LCPA 93-6/LFMP 87-
57 - 23. 77 99 and
99 9. AB #12,651- APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE MAP - CT 92-8 - 113 GREEN VALLEY.
Associate Planner Christer Westman began the staff report with a slide presentation depicting the
site.
Senior Management Analyst Don Rideout continued with the report, stating that the Zone 23 Local
Facilities Management Plan analyzes the development proposal in relation to the standards and
requirements of the City's Growth Management Program. He described the required mitigation
measures that would guarantee the provision of adequate public facilities. With respect to the
schools, he stated letters had been received from the Encinitas Union Elementary School District
notifying staff that their student generation rates had changed and they wanted to make sure that
the mitigation requirement is adequate to meet their needs. Therefore, if Council concurs, staff
will amend the appropriate pages in the LFMP to reflect the generation factor now in use by the
District.
With regard to the school mitigation, Mr. Rideout said a condition has already been included in
the LFMP which is identical to the wording recently adopted by Council for other zones. However,
the Master Plan and Tentative Map contain slightly different wording. Therefore, staff would
recommend that Council direct staff to amend the Master Plan and Tentative Map conditions
relating to school mitigation to add the words 'for legislative approvals' following the words
"applicable State law'.
Staff then explained the proposed Master Plan and resulting General Plan and Local Coastal
Program amendments.
City Engineer Lloyd Hubbs reported on existing and projected traffic volumes in that area as well
as the street improvements required by conditions on the Tentative Map.
The City Engineer then referenced the appeal by the City of Encinitas. He stated the two cities
have been meeting and discussing improvements of all shared regional circulation facilities,
including La Costa Avenue, the 1-5 Interchanges, Leucadia Boulevard and Olivenhain Road. He
stated there are still a few issues to work out, but there is now a framework for a conceptual
agreement. He briefly outlined the contents of the conceptual agreement as contained in a
memorandum dated April 4, 1994, from the City Manager to the Mayor and City Council,
In conclusion, Mr. Holzmiller explained the public noticing process used by the City for this
project.
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April 5, 1994 Page 4
PUBLIC HEARINGS: (Continue4
Mayor Lewis opened the duly noticed Public Hearing at 655 p.m., and issued the invitation to
speak.
Gale Hano, Mayor of Encinitas, stated the two cities are close to agreement on this project, and
their staff has been directed to work with the developers to work out an agreement for Via
Cantebria, (extension of Street 'A') within the Encinitas Ranch project. Mayor Hano requested
this item be continued for a week or two until this agreement can be reached. This will show that
cities can work together and find a regional approach to projects as large as this one.
' . Chuck Duvivier, Deputy Mayor, Encinitas, thanked staff for all the time they have spent on this and
stated that the extension of Via Cantebria (Street 'A') is a minor detail that the staffs of the two
cities will resolve.
City Manager Ray Patchett stated if Council desired to continue Item 9, staff would recommend
it be continued 30 days to work out the appeal.
Rinus Baak, Project Manager of Green Valley, 21 11 Palomar Airport Road, Suite 100, stated he
had met with many of the residents and homeowners in south Carlsbad. Mr. Baak said that the
detailed site and architectural elements of this project will be future decisions and subject to four
or more hearings.
Tom Curnes, Carlsbad Limited, 21 1 1 Palomar Airport Road, Suite 100, gave a brief history of the
property. He said that this proposal had to be different from the usual mixed use development
because of the unique nature of the site and Carlsbad's development rules.
Gary Wood, P & D Technologies, 401 West 'A' Street, Suite 2500, explained the process followed
and stated the objective was to present a plan that would conform to the standards of Carlsbad.
He concurred with the staff report except he requested that the Red Barn portion of the property
should not be designated 'unplanned: but should be narrowly defined, with a clear statement that
any change in the use of that site should not be a type of use to cause concern to the area
residents.
Irwin Weintraub, 7'1 12 Almaden Lane, requested that this project not be approved until all the
streets are improved. He also stated there should be no variances granted for the project. He
asked that the project be denied, and stated the City should require performance bonds on all
development.
Rich Barnes, 7'623 Rustic0 Drive, stated he was representing the Homeowners Association, and
all the residents opposed to this project are wearing orange ribbons tonight. He stated they are
not against growth and development, but this project just does not fit well into the community and
would have a negative effect on the quality of life. Mr. Barnes said that residents within 600 feet
of this proposed project did not receive notice of hearings. He stated that the traffic impact on
El Camino Real would create gridlock. Mr. Barnes said that as a result of high density housing
adjacent to commercial developments, over 40 percent of all crimes committed in Carlsbad are
on or adjacent to commercial centers. Regional commercial is not needed in this area with the
center at La Costa and El Camino Real already in financial trouble.
Mr. Barnes stated that the increase in traffic from the Ecke Ranch project is not incorporated in
the Green Valley EIR. He recommended a new EIR be required and requested a 90-day
continuance for all issues to be addressed by the developer.
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PUBLIC HEARINGS: (Continued)
Anthony Carter, 7797-100 Caminito Monarca, Monarch Villas, stated they are within 600 feet of
this proposed project and did not receive any notice of hearings of the Planning Commission or
City Council. Since they received no notice, they have not had time to study the project or make
comments. He requested a 90-day postponement to- allow residents time to suggest
modifications to the proposal to make it more in keeping with the family neighborhood aspect.
(Written comments were also submitted and are on file in City Clerk’s Office.)
Marie Kersten, 7787 Caminito Monarca, stated only one person out of twenty at their homeowners’
forum on March 24th had received notice of hearings. She requested a 90-day continuance to
allow time for the residents in the immediate vicinity of the proposed project to become better
informed and make recommendations.
Ben Smith, 301 7 Azahar Court, stated the Master Plan calls for a regional mall, yet the EIR is only
local in scope. Therefore, the EIR is deficient. He said a project of this scope is not economically
justified for that area He also requested a 90-day continuance.
Bob Seddig, 7757-107 Caminito Monarca, Monarch Villas, read from a letter (on file in the City
Clerk’s Office) dated April 5, 1994, from Kevin F. Johnson, of Johnson, O’Connell & McCarthy, to
the City Council citing reasons why the EIR is inadequate and insufficient, including the omission
of a cumulative impact analysis concerning the Ecke Ranch project.
Joe Strauss, 2524 Navarra Drive, continued reading from the contents of the letter from Mr.
Johnson dated April 5, 1994.
Robert Payne, P. 0. Box 3073, stated the traffic impacts with the upcoming projects in Encinitas
has not been addressed in the EIR. He stated there are ten other projects in progress which will
significantly impact traffic in the area and none of the reports addresses total traffic. He
requested an updated traffic study which considers all projects in the area. He also requested
that construction not be allowed in Green Valley until La Costa Avenue is widened. He stated
there are traffic problems at this time on Levante and this project would aggravate that. (Written
comments were also submitted and are on file in the City Clerk’s Office.)
Mary Ann Bloom, 2266 Plazuela Street, stated she represented the parents of children in the area
and was concerned about the danger to the children with the increase in traffic. She asked
where the children of the apartment complex would attend school and added there is no need
for a new shopping center on El Camino Real. She said that road is used heavily for commuting
to the schools.
Lee W. Landrum, Attorney, 221 2 Plaza de Flores, read comments prepared by George J. Sullivan,
Police Management Advisors, concerning the project. It expressed concern about the possible
increase in crime in the area and stated the project should be denied at this time because the
design will result in social deterioration of the La Costa area. He stated this would be low-cost
rental property and would not be proper in a stable area where most people own their own
homes. (Written comments were also submitted and are on file in the City Clerk’s Office.)
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PUBLIC HEARINGS: (Continued)
Karin Barnes, 7623 Rustico Drive, stated she is a commercial lender, and her work consists of
reviewing financial projections and market and feasibility studies, and she reviewed the study
submitted for Green Valley. She said there is no demand nor need for additional commercial
space in that area, and'she questioned if this is an appropriate land use. She then cited
assumptions used in the study which are misleading. She requested a 90-day continuance.
(Written comments were also submitted and are on file in the City Clerk's Office.)
RECESS:
Mayor Lewis declared a Recess at 8:17 p.m., and Council re-convened at 8:24 p.m., with all Members
present.
Mayor Lewis announced that testimony would be received tonight, and next Tuesday would be Council
discussion and action.
PUBLIC HEARINGS: (Continued)
Louis DeRose, 2026 Caleta Court, spoke in opposition to the project, stating the project has not
been adequately studied. The shopping area in that vicinity is totally devoid of customers and
has been in bankruptcy. This project would have enormous environmental, social, political and
economic impacts on the existing retail facilities. He stated he is not opposed to growth, but
wants all factors considered. He requested Council postpone a decision for 90 days.
Frederick Barge, 2011 Escenico Terrace, spoke with regard to the noise report and any
anticipated mitigation designed to reduce the significant impacts to acceptable levels. He said
the report does not deal with the noise that would be created within the project with the loading
and unloading of retail trucks day and night. There is no provision for garages in the project and
high density housing is subject to crime. He requested Council to reject the current plan for 90
days.
Julie Fisher, 126 Village Run West, Encinitas, representing Los Encinitos Heritage Conservancy,
stated this is a unique and beautiful area with rich habitat areas. She said this area should be
considered for an eco-tourism area and park, with cultural and festival activities. She said that
grant funding should be explored in order to have this type of use for the area.
(Written comments were also submitted and are on file in the City Clerk's Office.)
Adrienne Woodson, 2131 Levante, presented a petition with 130 names in opposition to this
project, and stated this should be kept as a natural preserve for birds and animals. She also
stated that teenagers in this area want open space, not more concrete.
Cary Quayle, 2002 Cima Court, requested a 90-day continuance. Traffic, noise and pollution were
a concern and Mrs. Quayle also stated they were not notified of any meetings.
Mrs. David Stoeber, 2500 Navarra, spoke in opposition to the project, stating there is no need for
more of this type of development. Discount stores have a negative impact on the quality of lie
and she does not favor having a strip center in this area. She requested a 90-day continuance.
Robert Wyman, 7635 Rustico, stated this land is to be used some day, but not for low-subsidized
housing. This will attract drug dealers and distributors and the costs to control crime will
increase.
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PUBLIC HEARINGS: (Continued)
Sharon South, 101 South Rancho Santa Fe Road, Encinitas, representing the Encinitas Union
School District, stated that she has spoken with staff and some of the School District’s issues
have been resolved. She referenced a letter dated April 4, 1994, from the District to the City
Council stating their concerns with regard to the school section. Ms. South gave the statistics
on school enrollment and stated the District is required to justify the developer fees and part of
that is the student generation rate. She explained the over-crowded conditions existing in the
schools in this area. Ms. South stated the District didn’t have a copy of the EIR and couldn’t
comment on it; however, if their requested conditions were added, they would support the project.
Connie Myers, 7768-1 09 Caminito Monarca, stated there are inconsistencies between the General
Plan and this project and sections of the Municipal Code. She presented copies of this
information to Council. (Copy on file in the Clty Clerk’s Office.)
Fran Rodgers, 2520 La Gran Via, spoke in opposition to the project, stating this project together
with the Home Depot project, will hurt the neighborhood. She suggested the City buy this land
(either by selling bonds or raising taxes) and lease it back to the farmers.
Tom Adams, 7727 Caminito Monarca Mol, expressed concern about the conditions on El
Camino Real and stated the power lines should be undergrounded and this easement area made
into park lands. He stated he was concerned about making sure conditions on the project were
appropriate and that there is some way to ensure that conditions are met.
Dave Perrine, 7505 Jerez Court, stated the project should be declined, as more apartments are
not needed in that area. He stated that ball fields, tennis courts and parks are needed, and this
project would turn El Camino Real into another Highway 78.
Dolores Welty, 2076 Sheridan Road, Encinitas, presented a letter to the Crty Clerk dated April 4,
1994, and read a portion of same, stating that originally this area was to be open space and the
north shore of the Lagoon was to be a regional park. She stated Area 5 (the Red Barn area)
should be restricted and they should not have the ability to change the use of that area at all.
Mrs. Welty requested postponing consideration of this project until the General Plan is finalized.
Carolyn Avalos, 605 Hygeia Avenue, Leucadia, Batiquitos Lagoon Foundation, stated the
Foundation opposes the project. She stated they were not satisfied with the EIR, and feel when
this project is combined with the other projects planned for that area, the Lagoon will be
damaged. She said the Foundation believes that the ‘no project” alternative is the best. She
stated the Leucadia extension is the most immediate danger, with the riparian area coastal sage
scrub and surrounding bluffs not appropriate to landscaping.
Jim Dimas, 21 23 Pintoresco Court, expressed opposition to the project and requested leaving the
area just the way it is. He stated the density is too high and more commercial is not needed,
since existing commercial spaces in the area are vacant. He said alternative uses for the land
should first be explored.
Renata Mulry, 7010 Nutmeg Way, representing Bexen Press, read a portion of a SANDAG article
stating that shopping centers do not add to the regions’ standard of living. She stated the high
density should be entirely dropped, or cut back from 400 units to 100 units, and the entrance
should only come from La Costa Avenue. Ms. Mulry suggested moving the planned Carlsbad
Library to this area, as the site now planned for the Library is not adequate as far as parking.
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PUBLIC HEARINGS: (Continued)
Kevin Johnson, Johnson, O’Connell & McCarthy, 550 West ‘C‘ Street, San Diego, representing
Carlsbad Citizens Group for Regional Planning, referenced the EIR for the Home Depot Project
and the Encinitas Ranch Specific Plan, and stated that traffic estimates in the documents do not
match. He also referenced a map showing the 600 foot radius noticing area, and a map showing
the sensitive areas, and provided copies of all of the documents to the City Clerk. He said the
density is inappropriate and commercial is inappropriate due to over-building of commercial in
the area.
David Lamb, 2131 Escenico Terrace, spoke in opposition to the project, stating the intensity of
the proposed Encinitas Ranch project together with this project would create crime, traffic and
noise, and this would not be the proper use for this property. He stated this project would impact
the schools and would create more drainage problems in the area
Inez Yoder, 7738 Madrilena Way, presented a letter dated April 5, 1994, from Michael Beck, San
Diego Director, Endangered Habitats League, stating the Los Batiquitos Lagoon area supports
a number of threatened and endangered species and habitat important to the eventual success
of the multiple habitat reserve planning. The letter urged a reduction in the intensity and scale
of this project. (Written comments were also submitted and are on file in the City Clerk’s Office.)
Sharon Brossman, 934 Passiflora Avenue, Leucadia, requested a 90-day continuation to study the
cumulative impact of all projects.
Alida Harms, 2297 Levante, spoke in opposition to the project and stated the residents were not
notified. She stated this type of development is not appropriate for this area and would have
detrimental impacts. The traffic on Levante would substantially increase and would cause
problems. She requested a 90-day continuance.
Gary Rossi, 7727 Caminito Monarca #104, stated this would affect the quality of life in the area
and should not be decided on economics only. The issue needs to be studied in more detail.
Council Member Kulchin stated she had received 25 telephone calls in opposition to the project
and one in support.
Gary Wood, speaking in rebuttal, stated that affordable housing units is now part of the City of
Carlsbad requirements, and will be a part of every new development. He stated the project has
complied with the C‘Q standards for impacts, and there is no impact on the sage and chaparral
by this project, as it is outside of that area. Mr. Wood stated that the riparian corridor is 42 acres
and as part of the enhancement plan, that has been increased to 62 acres. He stated that the
concerns with the School District have been resolved. As to the Red Barn site, the use is
restricted to one of five; art gallery, floral, office, bank or restaurant, with no application to include
a gas station, mini-mart or strip mall.
Since no one else wished to address Council, Mayor Lewis closed the Public Hearing at 956 p.m.
Mayor Lewis stated Items #8 and #9 would be continued to Tuesday, April 12, 1994, for Council
discussion and action.
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April 5, 1994 Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS:
37 10. AB #I 2.649 - PROPOSED SAN DIEGO COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
JAB 2007).
ACTION: On motion by Council Member Kulchin, Council directed staff to submit the
names of Parks and Recreation Commissioners Ward and Holmes to serve on the
AB 2007 Citizens Advisory Committee, and to submit the following
recommendations to the San Diego County Department of Parks and Recreation
for further consideration in the processing of a proposed San Diego County
Regional Park and Open Space District:
1. City-wide Trail System
2. Buena Vista Lagoon/Hosp Grove improvement/
3. Carrillo Ranch
4. Park Rehabilitation
Trail System
a. Stagecoach Community Park
b. Holiday Park
c. Maxton Brown
d. Levante
e. Pine
5. Community CenterIGymnasium (NW Quadrant)
$3,600,000
3,900,000
3,400,000
150,000
50,000
25,000
40,000
1 80,000
6,000,000
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
COUNCIL REPORTS:
Council Member Nygaard announced there would be a Growth Management Plan Public Workshop on
Wednesday, April 13, 1994, 6:OO p.m., at the Safety Center.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 5, 1994, was adjourned at 10:03 p.m.
Respectfully submitted,
LLQ-akA. *
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
7q