HomeMy WebLinkAbout1996-01-09; City Council; Minutes (2)0 a
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
BATE OF MEETING: January 9,11996
TIME OF MEETING 6:W p.m. PLACE OF MEETING Carlsbad Safety Center
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:05 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 Kulchin.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Nygaard, the Minutes of the following Meetings were approved:
Minutes of the Special Meeting held November 21, 1995.
Minutes of the Regular Meeting held November 21, 1995, as amended.
Minutes of the Regular Meeting held November 28, 1995.
[Minutes of the Special Meeting held November 28, 1995.
Minutes of the Special Meeting held December 5, 1995.
Minutes of the Regular Meeting held December 5, 1995, as amended.
Minutes of the Special Meeting held December 12, 1995.
Minutes of the Regular Meeting held December 12, 1995.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ABSTAIN: Nygaard - Special and Regular Meetings of November 21, 1995.
Kulchin - Special and Regular Meetings of December 5, 1995.
PRESENTATIONS:
Mayor Lewis presented Retirement Proclamations to Donna McClain of the Finance Department and
Gary Mullins of the Water District.
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January 9, 1996 CITY COUNCIL Page 2
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously
affirmed the action of the Consent Calendar, Items #1 through
#11, 8s follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #13,451 - APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT WITH PORT OF LOS
ANGELES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT.
Council adopted RESOLUTION NO. 96-3, approving Amendment No. 2 to Agreement No. 141 9-5
with the Port of Los Angeles to formalize increased change order authority for the balance of the
construction phase of the Batiquitos Lagoon Enhancement Project.
2. AB #13,452 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City investments as of November 30,
1995.
3. AB #13,453 - SETTLEMENT OF WORKERS COMPENSATION CLAIM OF EDWARD FENTON.
Council adopted RESOLUTION NO. 96-4, approving the Stipulations with Request for Award
authorizing payment of $10,434 at the rate of $148 per week, to Edward Fenton as settlement of
his workers compensation claim.
4. AB #13,454 - APPROVAL OF LEASE AGREEMENT WITH PALOMAR 910 ASSOCIATES, LTD.
Council adopted RESOLUTION NO. 96-5, approving an extension of the existing lease agreement
with Palomar 910 Associates, Ltd., for lease of Suite C at 6351 Yarrow Drive, for the City’s
warehouse and records storage area.
5. AB #13,455 - APPROVAL OF FINAL MAP FOR CT 85-10, UNIT 1/PUD 81 - RICE PROPERlY.
Council adopted RESOLUTION NO. 96-6, approving the final map for Carlsbad Tract No. 85-10,
Unit 1.
6. AB #13,456 - ACCEPTANCE OF CONSTRUCTION OF ALGA ROAD IMPROVEMENTS - PROJECT
NO. 3428.
Council adopted RESOLUTION NO. 96-7, accepting the construction of the Alga Road widening,
on the south side of Alga Road between Mimosa and El Camino Real, Project No. 3428, as
complete, and directing the City Clerk to record the Notice of Completion and release bonds.
7. AB #13,457 - APPROVAL OF PURCHASE OF BREATHING APPARATUS.
Council adopted RESOLUTION NO. 96-8, awarding the bid to Allstar Fire Equipment Company
in the amount of $75,069.49 for the purchase of breathing apparatus.
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January 9, 1996 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
8. AB #13,465 - APPROVAL OF ST. FRANCIS COURT - CUP 90-15(A).
Council adopted RESOLUTION NO. 96-13, extending the Conditional Use Permit until August 3,
1997, subject to certain conditions, for the St. Francis Court project located on the north side of
Laguna Drive.
9. AB #13,458 - APPROVAL OF LEASE AGREEMENT WITH PALOMAR #46.
Council adopted RESOLUTION NO. 96-9, approving an extension of the existing lease agreement
with Palomar #46 for lease of 2075 Corte del Nogal for warehouse storage space for the Library.
IO. AB #13,459 - APPROVAL OF UNCONTROLLED STOCKPILE AGREEMENT FOR CT 90-3.
Council adopted RESOLUTION NO. 96-10, approving an Uncontrolled Stockpile Agreement with
Daniel T. Shelley for CT 90-3.
11. AB #13,460 - APPROVAL OF ANNEXATION NO. 95/96-1 TO COMMUNITY FACILITIES DISTRICT
NO. 1.
Council adopted RESOLUTION NO. 96-1 1, certifying and adding property owned by San Diego
Gas & Electric to the existing Community Facilities District No. 1.
ORDINANCES FOR ADOPTION:
12. AB #13,461 - ADOPTION OF PROVISIONS FOR DISQUALIFICATION OF BIDDERS WHO HAVE
BEEN DEBARRED BY ANOTHER AGENCY.
ACTION: On Motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-
prevent a contractor from bidding on a public contract where the contractor has
been debarred by another government agency.
- 342, amending Chapter 3.32 of the Carlsbad Municipal Code, to allow the City to
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
13. AB #13,462 - MP-l77(P)/LCPA 95-1 1/CT 90-9(A)CP 95-1 - AVlARA PLANNING AREA 5 -WESTERN
PACIFIC HOUSING.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- 341, approving a major Master Plan Amendment to the Aviara Master Plan to
allow development of 131 clustered single family condominium units on property
generally located in the southwest quadrant of the City, west of El Camino Real,
north of Batiquitos Lagoon in the Coastal Zone and in Local Facilities
Management Zone 19.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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January 9, 1996 CITY COUNCIL Page 4
PUBLIC COMMENT:
Robert Payne, P. 0. Box 3073, Carlsbad, spoke in favor of Proposition E, the Green Valley initiative. He
stated that statements in the argument filed by Council against Prop. E are not true. He said the City
wants to block the Green Valley initiative, but that the initiative allows the citizens to control the future of
their own community.
Inez Yoder, 7738 Madrilena, stated the Council appears to be moving toward buildout with all possible
speed regardless of how they get there, and that more and more citizens are dissatisfied with reduced
standards for developers. She stated that the Green Valley initiative is what more and more citizens want
for their community.
Mayor Lewis stated that the information on the Green Valley initiative has been supplied for both sides and
he would hope that the citizens look very carefully at that information and make their decision.
PUBLIC HEARINGS:
107 14. AB #13,463 - VACATION OF PORTION OF CHRISTIANSEN WAY - PR 6.1 19.
Mayor Lewis opened the duly noticed Public Hearing at 6:26 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- - 12, vacating a portion of Christiansen Way between Carlsbad Boulevard and
Ocean Street, subject to certain conditions, in conjunction with the redevelopment
of the Carlsbad By The Sea Lutheran Home.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
113 15. AB #13,464 - CARLSBAD RANCH/LEGOIAND SPECIFIC PIAN AMENDMENT - EIR 94-1/GPA 94-
57 3/LCPA 90-8(B)ZC 94-2/SP-207(A)SP-l44(G)/LFMP 87-13(B)AP 76-1 (D)DA 94-1.
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The staff report included: (1) a description of the project; (2) a description of the development
agreement; (3) an overview of the fiscal impact of the project; (S4) an overview of the traffic
circulation and analysis: and (5) an explanation of the public noticing and input opportunities.
Mayor Lewis opened the Public Hearing at 7:36 p.m., and issued the invitation to speak.
In conclusion, staff presented proposed additions to the conditions of the Specific Plan with regard
to the flower fields, the Right of First Offer, Building Height, and Timeshare Units, as contained in
a memorandum from the Planning Director to the City Manager dated January 9, 1996.
Chris Calkins, Manager, Carlsbad Ranch Company, highlighted the process involved in bring this
project before Council and told of the qualities of the proposed project. The project will include
a golf resort, specialty shops, flower fields and LEGOIAND, with one third of the land in open
space.
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January 9, 1996 CITY COUNCIL Page 5
PUBLIC HEARINGS: (Continued)
John Jakobsen, Project Manger for LEGOIAND, Carisbad, gave an overview of the Corporation
background and of their park in Denmark; the one to be opened in March in England, and the
park planned for Carisbad.
Mr. Jakobsen explained that LEGO is self-financed and has 9,000 employees, and he stated they
are aiming at a 1999 opening date for LEGOIAND Carlsbad. He stated that children are the focal
point of their parks and have been for 27 years at their park in Denmark. He said they provide
family interaction and fun and create a park within a park. Mr. Jakobsen stated that the design
work is underway at this time and the park will be similar to the ones in Denmark and England.
He said that construction is scheduled to start in 1997, and he stressed the importance of the
flower fields as their neighbor.
Nick Banche, 810 Mission Avenue, Suite 200, Oceanside, representing the applicant, stated the
applicant agrees to the changes in Section H.l.a.i, regarding the flower fields, the Right of First
Offer, Timeshare and Building Heights, except he would request the addition of the following
wording in the Building Heights Section:
following the words "architectural features" add "and exhibits" in the first sentence of Section
21.46.020, and in (5), following the word: "protrudes", add "or in the case of exhibits within
Planninq Area 4, that they be restricted to no more than 3 percent of the aggregate of the exhibit
as measured from each exhibit's base".
Staff indicated they could support those changes.
Chris Calkins stated they support staff recommendations, including the last conditions. Mr. Calkins
commented on the flower field conditions, stating that it is expensive to guarantee the growing of
the flowers, and they need to know there will be a market and that this will be successful
financially. He said they will plant a crop every year and are prepared to accept the proposed
condition as long as the City is prepared to try to identify areas where they can help; for example,
assure them they will have water at rates they can afford.
Sal Giametta, San Diego Convention & Visitors Bureau, 401 B Street, Suite 1400, San Diego,
spoke in favor of the project, stating this will allow the LEGO park, which is an important element
of the overall project. He stated this will be a premier destination spot and will be a family and
children focal point. He added this will be the only North American park, and they are looking
forward to working with the people responsible for bringing this wonderful new addition to
Carlsbad.
Jim Young, 3951 Park Drive, stated he was representing the Neighbors involved in Carlsbad's
Future. He requested that the City involve the Urban Land Institute, which is based in Washington,
D. C., in the project. Mr. Young stated the cost for an opinion from ULI could be shared by LEGO,
Carltas and the City, and since 43 percent of the citizens voted against this project, this would
provide a valuable, unbiased opinion.
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January 9, 1996 CITY COUNCIL Page 6
PUBLIC HEARINGS: (Continued)
Darrell Pines, 201 1 Lee Court, stated the quality of life in Carlsbad needs to be protected and this
project needs to be evaluated as a whole. He said the major regional outlet area will have an
impact on the quality of the overall project and also have an impact on the other retail areas. He
stated the LEGO park should be limited to the number of visitors, with not more than 1.8 million
allowed in one year. Mr. Pines stated the flower fields should definitely be preserved in perpetuity.
He also stated there will be 300,000 gallons of sewage a day from this project, as well as a
tremendous use of water. He expressed concern as to whether the citizens of Carlsbad would be
called upon to sacrifice service levels for this project.
John Jones, 3044 State Street, stated that certain things cannot be mitigated, and he stated
Council should turn this project down.
Hope Wrisley, 2080 Basswood, spoke in favor of the project, and expressed pleasure at finally
being at this point. She stated that this welcome addition to the City should come to fruition as
soon as possible without any further delay.
Jay Howard, 7208 Columbine Drive, Carlsbad Educational Foundation, stated he is the Executive
Director of that organization which has been in the school system since 1938. He stated LEGO
products are used by children from K through 12, with the product matching all standards for each
grade level. Mr. Howard explained how LEGO underwrites programs for the schools and how they
work with the teachers to help the children find that learning is fun. He said the representatives
from LEGO have already made a positive impact and the possibilities are becoming apparent that
they will help make Carlsbad a special place for children.
Jackie Helm Epstein, 3965 Highland, spoke in favor of the project, and asked for an explanation
on the TOT, and what LEGO would give to the City on an annual basis. She said that since the
ranunculus are subject to disease, some type of flower fields should be guaranteed in perpetuity.
Also, she said the photographs showed the retail shops to be two-story instead of one, and she
would like that clarified.
Joseph Larkin, Director of SDG&E, San Diego, stated he was in full support of this project and
urged Council to adopt the specific plan and amendment. He applauded the vision of this City,
the City Council, staff and the Ecke family to bring this world class enterprise called LEGO to this
region. He said SDG&E would be willing to help in any way they can.
Karla Mulry, Bexen Press, P. 0. Box 1865, asked why this hearing was being held at all, since it
was already a "done deal" with all the politicians involved. She said the flower fields will disappear.
Ofelia Escobedo, 161 1 James Drive, owner of local business since 1943, spoke in support of
LEGO, the resort hotel and the flower fields. She said she has been a firm supporter of LEGO
since the inception. She traveled to Denmark to see the park and was truly impressed and
continues to be impressed by the Danish people involved in this project, as the LEGO staff is very
gracious and cooperative. Ms. Escobedo said Carlsbad is fortunate to have a business of this
caliber locate in our community and she urged approval.
Lee Bohlmann, Carlsbad Chamber of Commerce, stated the Chamber has 1,500 members and
their mission is to secure and ensure the economic vitality of the City and its quality of life. She
said this is a City where vision becomes a reality, and is the envy of other cities in the State. She
said the Chamber encourages Council to approve this project, and added that the Chamber will
monitor the project as it progresses.
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January 9, 1996 CITY COUNCIL Page 7'
PUBLIC HEARINGS: (Continued)
Gary Hill, 3289 Donna Drive, Director of Facilities for Gemological Institute, spoke in favor of the
project, stating that the land they have been allotted for their facility will allow them to grow into
the next century. He recommended approval of the revised specific plan as proposed;
George Roders, 6749 Russelia Court, Carlsbad Golf Club, spoke in favor of the project, stating the
Golf Club is very pleased that a public golf course will be available in Carlsbad. He stated that
his organization believes this is the best land use for the project and the development will be
welcomed by the adults and children of the community.
Sally Katich, 4179 Highland Drive, stated that she approved of LEGOIAND, but was concerned ,
about the specialty shops and asked that materialism not be allowed to take over this project.
Joanne Oswald, 6939 Sandcastle Drive, urged Council to approve the project, especially
LEGOLAND. She said she would like them to eliminate the shopping center and put the specialty
shops someplace else.
Nick Banche spoke on behalf of LEGO, stating they have already spent three to four million
dollars, exclusive of the land acquisition, in trying to find their way to North America. Mr. Banche
stated the City had bent over backwards to invite citizen participation in this project. He also
commented that the City has now imposed conditions never imposed on any project anywhere.
He said that all standards and goals have been met and every obstacle overcome. He stated that
the project deserves approval.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 9:00
p.m.
RECESS:
Mayor Lewis declared a recess at 9:00 p.m., and Council re-convened at 9:07 p.m., with all five Members
present.
PUBLIC HEARINGS: (Continued)
Mayor Lewis asked Michael Holzmiller, Planning Director, to answer the question regarding the
Urban Land Institute, and Mr. Holzmiller stated the Planning Department is a member of that
Institute and he is an Associate. Mr. Holzmiller stated he has written papers for the Institute.
Jim Elliott, Financial Management Director, responded to questions, stating it is estimated that
LEGO will create a total of $467,000 revenue to the City annually. That total is comprised of
$263,000 in sales tax; $185,000 in property tax revenue; and $19,000 in license tax.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-1,
certifying EIR 94-1, and approving GPA 94-3, LCPA 90-8(8), ZC 94-2, SP 207(A),
SP 144(G), DA 94-1 and LFMP 87-13(B) as recommended for approval by the
Planning Commission; adopted City Council RESOLUTION NO. 96-2, approving
amendments to and cancellation of portions of a Williamson Act Contract AP 76-
1 (D); and introduced ORDINANCES NOS. NS-343. NS-344, NS-345 AND NS-
-9 346 approving ZC 94-2, SP 207(A), SP 144(G) and DA 94-1, with the following
additions:
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January 9, 1996 CITY COUNCIL Page 8
PUBLIC HEARINGS: (Continued)
1) Flower Fields. Amend page 174, to include new Section H.l .a.i., and renumber the remaining subsections to add the following:
The Flower Fields shall remain in flower production in perpetuity. The landowner will
plant an open-field flowering crop every year, substantially in the area as shown in
the Flower Field Figure 49(A). if the landowner desires to change or modify this
obligation, landowner will provide a five-year advance notice to the City Council,
accompanied by an alternative agricultural use proposal which landowner intends to
initiate at the end of said five years. The City Council shall hold a hearing to review
and approve the proposed alternative. Additionally, the City and landowner shall
investigate and may implement any methods available to allow the continuation of
flower production in accordance with the General Plan. This Condition shall be
evidenced by a deed restriction and inclusion of notice in the CC&R’s restricting
Planning Area 7 to agricultural use.
In addition, the City shall have the Right of First Offer on the Flower Fields, which shall
read:
Subject to any Right of First Offer held by LEG0 Park Planning, Inc., Landowner shall
grant to City an exclusive Right of First Offer (“First Offer Right“) to acquire the
Flower Fields at a purchase price and upon such other terms and conditions as
Landowner would be willing to accept from any third party. Landowner shall not sell
all or any portion of the Flower Fields (other than to a party purchasing for purposes
of continuing the open field flower business with a continued obligation to provide
this First Offer) without (i) first offering the property to City by written notice at a
purchase prlce and upon such other terms and conditions that Landowner would be
willing to accept from any third partyp and (ii) City’s failure to elect to purchase on
such terms and conditions by written notice to Landowner within 90 days of said
notice. Any sale at a purchase price of less than 90% of the price at which the
property has been offered to the City shall not be made without first offering the City
the right to purchase at this price upon 60 days notice, to purchase the property.
The foregoing First Offer Right shall survive any transfer by the Landowner to any
affiliate of Landowner and shall be included in a deed restriction for Planning Area
7.
2) Building Height. Amend page 69, Section A.l .d. and page 134, Section d.iv., to read as follows:
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January 9, 1996 CITY COUNCIL Page 9
PUBLIC HEARINGS: (Continued)
The ailowed height protrusions as described in Section 21.46.020 of the Carlsbad
Municipal Code do no% exceed 45 feet; with the exception of architecturai features
and exhibits which may be permitted up to 55 feet in height if the City Council makes
the specific findings that the protruding architectural features or exhibits (1) do not
function to provide usable floor area; (2) do not accommodate and/or screen building
equipment; (3) do not adversely impact adjacent properties; (4) are necessary to
ensure a building's or exhibit's design excellence; and (5) are restricted to no more
than 3 percent of the total roof surface area of the structure from which it protrudes,
or in the case of exhibits within Planning Area 4, that they be restricted to no more
than 3 percent of the aggregate of the exhibit as measured from each exhibit's base,
upon review of a Site Development Plan approved by the City Council.
3) Timeshare. Amend page 117, Section D.l .a., Permitted Uses, and page 164, Section
F.l .a., Permitted Uses to delete "Commercial Living Units (Timeshare)" and replace it as
follows:
Commercial Living Units (Timeshare) may be permitted by the City Council in
conjunction with a hotel project.
Amend page 219, Section 3, Paragraph 1 and page 220, Section 5, Paragraph 1 by the
addition of the following to the end of the paragraph:
In addition to the above requirements, the City Council shall make the final decision
to approve or disapprove the Site Development Plan.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
RECESS:
Mayor Lewis declared a Recess at 9:55 p.m., and Council re-convened at 9:57 p.m., with all five Members
present.
PUBLIC HEARINGS: (Continued)
99 16. AB #13,466 - APPEAL OF CONDITION OF APPROVAL FOR CARLSBAD TRACT 94-9 - CARLSBAD RANCH.
Staff stated that the applicant agrees to the amendments in the revised pages.
Mayor Lewis opened the duly noticed Public Hearing at 9:58 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
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January 9, 1996 CITY COUNCIL Page 10
PUBLIC HEARINGS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- - 14, authorizing the Mayor to execute amendments to the reimbursement
agreements with Carltas Company and Paul Ecke, Sr.; and
adopted RESOLUTION NO. 96-15, granting the appeal and amending Planning
Commission Resolution No. 3851 Condition No. 31 of Carlsbad Tract 94-9.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hal!
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 1O:OO p.m., and re-convened at
10:03 p.m., with all five Members present.
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 10:03 p.m., and re-convened at 10:05 p.m., with all
five Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
28 17. AB #13,449 - APPOINTMENT OF CDBG FUNDING ADVISORY COMMITTEE FOR PROGRAM
RH- YEAR 1996-97.
05 ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 95-363,
appointing the following members to the Community Development Block Grant
Funding Advisory Committee for program year 1996-97:
Southwest Quadrant - Judy Wiltse
Southeast Quadrant - Jan Krouskup
Northwest Quadrant - Hope Wrisley
Northeast Quadrant - Lindy Hetrick
Planning Commission - Bob Nielsen
Senior Commission - Jim Whittaker
Housing Commission - Cheri Sat0
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
COUNCIL REPORTS:
None.
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January 9, 1996 CITY COUNCIL Page 11
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the following
events:
The dedication of the Poinsettia overpass bridge at noon on Wednesday, January 10, 1996.
The Planning Commission Appreciation Event, at the Raintree Restaurant on Thursday, January 11, 1996,
at 5:30 p.m.
ADJOURNMENT:
By proper motion, the Regular Meeting of January 9, 1996, was adjourned at 10:08 p.m.
Respectfully submitted,
ALETHA o.w%??. L. RAUTENKRANZ @z
City Clerk
Harriett Babbitt
Minutes Clerk
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