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
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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.
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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.
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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.
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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.
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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.
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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,
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ALETHA L. RAUTENKRANZ
City Clerk
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Harriett Babbitt
Minutes Clerk
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