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HomeMy WebLinkAbout1995-01-17; City Council; Minutese 0 MINUTES MEETING OF: CrrY COUNCIL (Regular Meeting) DATE OF MEETING. January 17,1995 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 Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Hall. SPECIAL REPORTS: Fire Chief Van Der Maaten reported that San Diego County has been declared a disaster area and private citizens and small business owners who had storm damage from the rains last week are now eligible for Federal and State disaster assistance. Bob Greaney, General Manager of the Carlsbad Municipal Water District, reported that the Metropolitan Water District would be shutting down the aqueduct for routine maintenance from January 30 to February 8. This shutdown will affect the water supply for the City of Carlsbad, as with changes in EPA regulations, the Maerkle Reservoir is not in service. This water is safe to drink, but the reservoir is in the process of being lined and covered and this will not be completed until late in 1995. Mr. Greaney indicated an item would be on next week’s agenda so the Water Board could declare a water emergency for that time period. Chuck Waldon described the assisted hearing devices that are now available for use at meetings in the City Council Chambers, the Safety Center and the Senior Center. APPROVAL OF MINUTES: None. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Nygaard, Council affirmed the action of the Consent Calendar, Items #1 through #4, as follows: AYES: Lewis, Nygaard, Kulchin, Finnila and Hall J6, 0 0 January 17, 1995 CITY COUNCIL Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 50 1. AB #12,981 -AUTHORIZATION TO ACCEPT CREDIT CARDS FOR PAYMENT OF CITY FEES AND SERVICES. Council adopted RESOLUTION NO. 9510, authorizing the acceptance of credit cards in payment of City fees, charges, taxes and services rendered by the City. 45 2. AB #12,982 - APPROVAL OF EARLY REPAYMENT TO AVIARA LAND ASSOCIATES FOR AMOUNTS ADVANCED UNDER A FORWARD FUNDING MITIGATION AND REIMBURSEMENT AGREEMENT. Council adopted RESOLUTION NO. 951 1, approving early repayment to Aviara Land Associates for amounts advanced under a Forward Funding, Mitigation and Reimbursement Agreement for design and other pre-construction work on the Poinsettia Lane/l-5 Overpass Project. 78 3. AB #12,983 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 9512, authorizing the destruction of certain Police Department files. 78 4. AB #12,984 - APPROVAL OF AGREEMENT WITH PENNY VELAZQUEZ FOR THE PROVISION OF 45 G.U.I.D.E. PROGRAM COUNSELING SERVICES. Council adopted RESOLUTION NO. 9513, approving an agreement with Penny Velazquez for the provision of GUIDE Program counseling services. PUBLIC COMMENT: Sheila Cameron, 1662 Cauder, Leucadia, Vice President of Leucadia Merchants Association, spoke on the closure of southbound Highway 101 at the Batiquitos Lagoon. She stated this is a disaster for the merchants in Leucadia. Ms. Cameron stated that Fred Caldwell had appeared before this Council asking for a solution, and today presented a proposal that the merchants in Leucadia would like for this Council to study and consider. This would remove the rail that is there and re-route all bicycles to the freeway, and restore two-way traffic on this bridge. She asked the Council Members to study this proposal carefully and work with the merchants in Leucadia to prevent a further disaster to their businesses due to the closing of the road. Betty Knutson, P. 0. Box 1089, Cardiff by the Sea, representing the Cardiff Chamber of Commerce, stated their commerce is being hit also by the closure of southbound Highway 101, She stated that the Mayor of Cardiff would like to meet with Mayor Lewis to discuss this problem. She said the bikers are willing to work with the officials on this road closure and are aware of the length of time the road is to be closed and the effect on the businesses south of the Lagoon. Mayor Lewis stated the letter from Mr. Caldwell would be given to staff for review and the matter would be on next week’s agenda. I5 0 0 January 17, 1995 CITY COUNCIL Page 3 PUBUC HEARING: 114 5. AB #12,985 - EXTENSION OF TEMPORARY COMMUNITY DIRECTIONAL SIGN PROGRAM - ZCA 175(B). Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. City Attorney Ron Ball requested that the Ordinance be amended to reflect an operative date of January 1, 1995. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS- - 299, (as amended), amending Title 21, Chapter 21.41 of the Carlsbad Municipal Code to extend the Temporary Community Directional Sign Program to January 1, 1996. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall CllY COUNCIUHOUSING AND REDEVELOPMENT COMMISSION JOINT MEETING: The Housing and Redevelopment Commission convened at 6:25 p.m., for a joint meeting with the City Council. All Members were present. PUBUC HEARING: 43 6. AB #12,986 - APPEAL OF DENIAL OF RP 94-2/CDP 94-2/CUP 94-2 - ARMY AND NAVY ACADEMY green MASTER SITE PLAN. Mayor/Chairman Lewis opened the duly noticed Public Hearing at 6:37 P.M., and issued the invitation to speak. Tom Cox, Architect for the Army and Navy Academy, gave a brief history of the Academy during its 58 years in Carlsbad. At this time, the Academy campus needs a major renovation to stay competitive with the private school industry. Mr. Cox said it is a misnomer that the campus is trying to expand; they do need larger rooms and want to make the campus safer for the cadets. He said that was the reason for the request to close Cypress Avenue. The cadets cross that street to go to classes and this creates a safety hazard. Mr. Cox said a parking lot with 135 spaces will be provided on the campus and the utilities will be undergrounded and curbs and gutters installed. The building along Ocean Street will be lowered to allow an unlimited ocean view. Mr. Cox stated that an alternative plan (not reviewed by the Planning Commission) would be to replace the 25 to 30 parking spaces lost on Cypress with 19 spaces in the cul-de-sac and 11 spaces by the Ebb-Tide Motel. This would also include a walkway for beach access from those parking spaces. Bob Kahn, Principal Traffic Consultant, Robert Kahn, John Kain, Associates, stated he had prepared a traffic impact study on the closure of Cypress Avenue. He stated his findings were that the Cypress closure would have no measurable impact on the traffic circulation in the area. JY 0 0 January 17,1995 CITY COUNCIUHOUSING AND REDEVELOPMENT COMMISSION Page 4 PUBUC HEARING: (Continued) Bob Grimes, 2330 Rue Des Chateaux, representing The Beach Homeowners Association, referenced two letters, dated December 5, 1994, on behalf of The Beach Homeowners Association, to the City of Carlsbad, stating their reasons for opposing the closing of Cypress Avenue. (Copies are on file in the City Clerk’s Office.) This closure would limit ingress and egress to all the residents in the neighborhood; create safety problems on Ocean Street; create additional parking problems and create a dangerous precedent for future development if the City donates public property to a private organization. Endre Algover, 3650 Ocean Street, (one half block south of Cypress Avenue), stated he was in favor of the Academy, but against the closure of Cypress Avenue for the safety of the residents in that area. This would increase the traffic on Ocean Street and encourage more speeding in the area. When there is an event in Magee Park, this closure will just aggravate the traffic problems in the area. Mr. Algover suggested the Academy build an overpass or underpass to provide safety for the cadets, or re-locate the building in the main campus to eliminate the cadets crossing Cypress Avenue. Mr. Algover stated that the Academy has already been given more than five streets, and do not need another public right-of-way as a gift. He suggested that if the street is closed, it should be open for foot traffic and bicycles and should be an access to the Lagoon. Laduska Thayer Biller, P. 0. Box 2303, Vista, owner of the property at 2658 Ocean Street, agreed with the Planning Commission and Design Review Board for denial of the master plan; and definitely against the closing of Cypress Avenue. The safety of the people on Ocean Street is a concern and the impact on the access of emergency vehicles should be considered. The Academy has been given land by the City through the years and they do not need another gift. Marie Sidun, 2688 Ocean Street, (the corner of Ocean Street and Beech), stated she was definitely opposed to the closure of Cypress Avenue. This would eliminate the parking on Cypress and the traffic on Ocean and Beech would be adversely affected. This would be the taking of public property to accommodate a private enterprise. If the Academy is concerned about safety, they should have constructed a bridge there long ago. Walt Riche, 2490 Ocean Street, (the corner of Pacific Avenue and across from the Academy) stated that Cypress Avenue is the most worthless street in the entire Northwest Quadrant. He said the Cadets use Cypress now as though it were part of the campus, and he favored closure of Cypress. Scott Bartel, 2689 Garfield, spoke in favor of the petition to allow the closure of Cypress Avenue. He stated he has seen the students walking across Cypress Avenue and it is very hazardous. Sally Lyons, 701 9 Lavender Way, stated she was startled to learn the Planning Commission had rejected the Academy’s proposal to close Cypress Avenue. The street impedes the pedestrian- oriented nature of the campus, and with the minimum traffic there, the closure would create no problems. She stated that the project would be a positive change for the Academy as well as the City. 13 0 0 January 17, 1995 CITY COUNCIUHOUSING AND REDEVELOPMENT COMMISSION Page 5 PUBUC HEARING: (Continued) Bob Ladwig, 2642 Ocean Street, stated he lives a half block south of the Academy and testified against the closure of Cypress at the joint meeting of the Planning Commission and Design Review Board. He referenced his letters dated December 28, 1994 and December 29, 1994, (copies are on file in the City Clerk’s Office), in opposition to the Cypress Avenue closure. Mr. Ladwig stated that before any streets are closed, a study should be made as to what is necessary for the safe and adequate circulation of traffic in that area. Glenn Bernard, 361 1 Cheshire Avenue, stated he was in favor of private education and there is a precedent in this City to close a street; Carlsbad Village Drive and Pontiac, 200 feet to the west of that intersection. There was a safety hazard at Olympia and Carlsbad Village Drive, and the City walled it off, and this situation on Cypress is the same scenario. He stated he supported the expansion of the Academy and the closing of Cypress Avenue. Since no one else wished to speak on this matter, MayorlChairrnan Lewis closed the Public Hearing at 7:30 p.m. Mayor/Chairman Lewis inquired whether the City could reclaim the street, if closed, and City Attorney Ron Ball stated that if the street were vacated, they could not reclaim it; however, if the City closed it but did not relinquish the right-of-way, they could reclaim the street. Council Member/Commissioner Finnila suggested keeping Cypress Avenue partially open, with only the center portion closed. The center portion could be closed to automobiles, but open for pedestrians and bicycles. She stated that there must be some public good in exchange for a partial closing of Cypress; such as public access to the beach and providing a view corridor. Mrs. Finnila stated that the parking lot should be accomplished in Phase I of the master plan; not Phase Ill or IV, to provide some public benefit. The north/south entrance to Carlsbad Boulevard and the Academy should be revisited to look at the possibility of re-configuration for public good. Council Member/Commissioner Hall agreed that the parking requirement and onsite improvements should be required up front and added that he was not convinced that Cypress Avenue should be closed. He agreed that there must be some benefit to the City and the public. Council Member/Commissioner Kulchin concurred and added that the parking lot should be constructed at the beginning of the project and access provided to the beach. She suggested the applicant work with staff to design the expansion to work with the City’s plans. She stated she favors the expansion, but wants some public benefit for the City. Mayor Pro Tem/Commissioner Nygaard concurred, stating there is no public benefit at this time and parking continues to be an issue in downtown Carlsbad. Mayor/Chairman Lewis stated that staff should consider a half closure of Cypress Avenue and the parking lot to be provided up front. He stated he would not support a left turn onto Carlsbad Boulevard, if Cypress were left open, and would like staff to consider a right-turn only. He stated consideration should be given to requiring bonding for future improvements on Ocean Street. 1% 0 0 January 17, 1995 CITY COUNCIUHOUSING AND REDEVELOPMENT COMMISSION Page 6 PUBUC HEARING: (Continued) Additional Council/Commission comments reflected the desire for a review of the project as a whole, including a review of traffic circulation from Grand Avenue to the northern boundary of the City; signalization of intersections and relocation of parking to the west side of the project. ACTION: On motion by Mayor/Chairman Lewis, this matter was remanded to staff with the comments made this evening: to be returned to the Council/Commission after the required review by the Design Review Board and the Planning Commission. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 806 pm., and the joint meeting of the City Council and Housing and Redevelopment Commission re-convened at 8:14 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Mayor Lewis adjourned the City Council to the continuation of the Housing and Redevelopment Commission meeting at 8:15 p.m., and Council re-convened at 8:28 p.m., with all five Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 8:28 p.m., and re-convened at 8:31 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 48 7. AB #12.987 - GREEN VALLEY INITIATIVE PETITION. Frederick H. Barge, 201 1 Escenico Terrace, representing Carlsbad Citizens of Green Valley, read his letter dated January 17, 1995, into the record, a copy of which is on file in the City Clerk’s Office. He stated the proposed plan allows a generous return on the investment for the owners of this property, and he requested Council adopt the ordinance. Christopher Neils, 501 West Broadway, San Diego, representing Carlsbad Partners, Ltd., referenced a letter dated January 13, 1995, addressed to Mayor Lewis, copy of which is on file in the City Clerk’s Office, asking that Council not adopt the ordinance, but request a report and analysis by staff. Allen Farris, Carlsbad Partners, Ltd., stated he had met with staff this afternoon with regard to the traffic study, which is the key issue in the supplemental analysis requirement, He stated they would like to get the study underway as quickly as possible. He urged that the Council request a full report. Hope Wrisley, 2080 Basswood, representing the Carlsbad Chamber of Commerce, stated the Chamber has taken no position on the Green Valley issue, as they do not have enough information to make an intelligent stand. She stated she wanted to go on record again as saying that she does not believe in city planning by ballot box, as that can only erode the General Plan and the Growth Management Plan and is no way to run a city. II 4 0 January 17, 1995 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council referred the matter to staff for a report to be returned within 30 days on the effects of the initiative, including its fiscal impact, legal issues, and its effect on the internal consistency with the City’s General Plan and Growth Management Plan. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 854 p.m., and Council re-convened at 8:55 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 28 8. AB #12,988 - AMENDMENTS TO CARLSBAD VILLAGE REDEVELOPMENT PLAN TIME LIMITS. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS- - 300, establishing and amending certain limitations with respect to the Redevelopment Plan for the Carlsbad Village Redevelopment Project Area. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of January 17, 1995, was adjourned at 905 p.m. Respectfully submitted, wb4- ALETHA L. RAUTENKRANZ City Clerk 1 Harriett Babbitt Minutes Clerk IO