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HomeMy WebLinkAbout1996-01-23; City Council; Minutese 0 MINUTES MEETING OF CITY COUNCIL (Regular Meeting) DATE CIF MEETING: January 23,1996 TIME OF MEETING 600 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:06 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. APPROVAL OF MINUTES: None. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Nova Scotia Dinner, at the Kahala Cafe, on Wednesday, January 24, 1996, at 6:OO p.m. The Batiquitos Lagoon Volunteer Reception, at the Aviara Info Center, 1450 Alga Road, on Thursday, January 25, 1996, at 500 p.m. The Carlsbad Chamber of Commerce Annual Dinner, at the La Costa Hotel, on Friday, January 26, 1996, at 6:30 p.m. The Carlsbad Depot Historical Register Ceremony, at the Carlsbad Train Depot, on Tuesday, January 30, 1996, at 2:OO p.m. The Barrio Master Plan Community Meeting at the Barrio Museum, Roosevelt Street, on Thursday, February 1, 1996, at 7:OO p.m. CONSEiNT CALENDAR: ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #I through #13, as follows: Council Member Hall stated he would be voting "no" on Consent Calendar Item #9. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 0 0 January 23, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 32 1. AB #13,478 - APPROVAL OF 1996 LEGISLATIVE PLATFORM. Council adopted the 1996 Carlsbad City Council Legislative Platform. 70 2. AB #13,479 - HOSP GROVE FIRE HAZARD MITIGATION PROJECT. Council adopted RESOLUTION NO. 96-26, accepting a Hazard Mitigation Grant in the amount of $132,750; appropriating $177,000 from the City Council Contingency Fund to finance the abatement operations in Hosp Grove, and directing staff to initiate the contractor selection process. !5 3. AB #13,480 - LEUCADIA BOULEVARD REORGANIZATION TAX EXCHANGE AGREEMENT - RO 95-27. Council adopted RESOLUTION NO. 96-27, approving a Tax Exchange Agreement with the City of Encinitas for the detachment of approximately three acres which is in the Leucadia Boulevard right-of-way. -07 4. AB #13,481 - APPROVAL OF VACATION OF PORTIONS OF LA COSTA BOULEVARD - PR 6.122 AND PR 6.123. Council adopted RESOLUTION NO. 96-28, summarily vacating portions of La Costa Boulevard between Carlsbad Boulevard and the San Diego Northern Railroad right-of-way, in accordance with conditions of approval for the La Costa Downs subdivision (SP-201). 34 5. AB #13,482 - APPROVAL OF PURCHASE OF TWO MINI VANS. Council adopted RESOLUTION NO. 96-29, awarding a bid in the amount of $41,511.72, to Quality Chevrolet for the purchase of two mini vans. 39 6. AB #13,483 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP FOR CARLSBAD TRACT 90-9, AVIARA PLANNING AREA 5. Council adopted RESOLUTION NO. 96-30, granting a one-year extension of time for CT 90-9, Aviara Planning Area 5. !3 7. AB #13,484 - APPROVAL OF ARTS OFFICE GRANT APPLICATION TO THE CALIFORNIA ARTS COUNCIL. Council adopted RESOLUTION NO. 96-31, approving the Arts Office grant application to the California Arts Council for a $20,000 Local Arts Education Partnership Grant with the Carlsbad Unified School District. 50 8. AB #13,485 - REQUIREMENT FOR ESCROW AGENT TO MAINTAIN INSURANCE IN AN AMOUNT NOT LESS THAN $100,000 PER CONTRACT. Council adopted RESOLUTION NO. 96-32, requiring the payment of retentions earned by a contractor be deposited directly with an escrow agent and requiring that the agent shall maintain insurance to cover negligent acts and omissions in connection with the handling of retentions in an amount not less than $100,000 per contract. 0 0 74 107 68 63 20 99 113 77 January 23, 1996 CITY COUNCIL Page 3 CONSE,NT CALENDAR: (Continued) 9. AB #13,486 - APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CARLSBAD POLICE OFFICERS ASSOCIATION. Council adopted RESOLUTION NO. 96-33, approving a Memorandum of Understanding with the Carlsbad Police Officers Association for a period of three years from January 1, 1996, through December 31, 1998. NOES: Hall 10. AB #13,487 - DECLARATION OF INTENTION TO VACATE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET - PR 6.121. Council adopted RESOLUTION NO. 96-34, declaring intention to vacate portions of Walnut Avenue and Lincoln Street and setting a public hearing on the matter for February 13, 1996. 11. AB #13,488 - CARLSBAD CONVENTION AND VISITOR’S BUREAU FOURTH QUARTER REPORT FOR 1994-95. Council accepted the Carlsbad Convention and Visitor’s Bureau Fourth Quarter Report for 1994-95; 12. AB #13,489 - AWARD OF CONCESSION PERMIT FOR OPERATION OF A COFFEE CART. Council adopted RESOLUTION NO. 96-35, awarding the concession permit for operation of a coffee cart in the Carlsbad City Library to Espresso Vienna for the period February 1, 1996, through July 31, 1996, with option to renew for two additional one-year periods. 13. AB #13,490 - DECLARATION OF PUBLIC NUISANCE AT 1685 CHESTNUT AVENUE. Council adopted RESOLUTION NO. 96-36, setting a public hearing for February 13, 1996, to consider whether a public nuisance exists at 1685 Chestnut Avenue (APN: 205-220-26-00). ORDINANCE FOR ADOPTION: 14. AB #13,491 - MAREA - AVIARA PLANNING AREA 12 MP 177(L). ACTION: On motion by Mayor Fro Tem Nygaard, Council adopted ORDINANCE NO. NS- 347, adopting the Aviara Master Plan Amendment relative to the clustered single family condominiums on property generally located in the Southwest Quadrant of the City in Local Facilities Management Plan Zone 19. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Robert Payne, P. 0. Box 3073, stated that Prop E, the Green Valley initiative, corrects an error of the General Plan, and added that the City of Oceanside just lost a lawsuit by trying to have restrictive 0rdinan;ces. This initiative wants the proposed development to be compatible with the area surrounding a world-quality resort. (A copy of his remarks plus the newspaper article regarding the Oceanside City lawsuit are on file in the City Clerk’s Office.) 0 0 January 23, 1996 CITY COUNCIL Page 4 PUBLIC: COMMENT: (Continued) Alan Kindle, 2622 El Aguila, Friends of Carrillo Ranch, Inc., stated that the Friends conduct extensive outreach programs for 4th grade history students in the Carlsbad, Encinitas, Oceanside, San Marcos and Vista sc11001 districts, with Leo Carrillo as a positive role model. Mr. Kindle stated that it takes money to provide the programs for the school children, and he was happy to announce that Farmers Insurance Group has just been added to the list of businesses supporting the program. Karla Mlulry, Bexen Press, P. 0. Box 1865, stated that on January 9, the City Council threw away any chance to control the flower fields. She said that Carlsbad was the loser, since Council couldn’t interfere with private property. Mike Holzmiller, Planning Director, explained the additional conditions placed on the developer at the January 9 meeting regarding the flower fields and the guarantee to the City that flowers will be grown there in perpetuity. PUBLIC: HEARING: 113 15. AB #13,492 - GREEN VALLEY MASTER PLAN - MP 92-1/EIR 93-2/LCPA 93-6/LFMP 87-23. 77 Staff reported that the previous Master Plan for Green Valley requested a General Plan Amendment. Subsequent to the referral of that Plan back to staff, the City completed an update of the General Plan. This reduced project alternative before Council complies with the General Plan; therefore, a General Plan Amendment is not being requested. Staff stated that the Open Space designation for this land indicates a minimum of 97.4 acres, and the new plan for this project has a total of 194.8 acres in open space, which is double what the General Plan requires. The Assistant City Engineer summarized the conditions on the project to protect the Encinitas Creek and the Batiquitos Lagoon from drainage. He explained the desiltation basin locations, storm drain inlet and debris removal areas, and the proposed drainage control for the project. Mayor Lewis opened the duly noticed Public Hearing at 7:18 p.m., and issued the invitation to speak. Allen Farris, Project Manager for Carlsbad Partners, Ltd., 2700 Moreland Street, Dallas, Texas, the applicant, stated they were pleased to have the alternative plan before the Council for consideration. He said this plan is the result of the City’s process and procedures and the evidence that they work. He said the original project was returned to the applicant two years ago to restudy the project, including a traffic study including the Encinitas Ranch project. He stated the applicant met with the community and addressed their concerns; which were really two main problems. Mr. Farris said that those two problems were the size of the retail component and the level of density of the residential component as originally proposed. He said that the reduced project alternative directly addresses those two concerns, by cutting the commercial area 50 percent and reducing the residential density to around seven dwelling units per acre. 0 0 January 23, 1996 CITY COUNCIL Page 5 PUBLIC: HEARING: (Continued) Gary Wood, P ti D Consultants, 401 West A Street, San Diego, stated they are the planners and engineers for the project. He told of the community meetings held on the Green Valley project and a mailing of ten thousand newsletters to residents in south Carlsbad with a return portion for comments, and a field trip to the area. Mr. Wood reiterated the reduced alternative plan does reduce the density of the residential area to seven units per acre, with no multi-family units and no clustering of residents as contained in the original plan. He said that with single family residents, it is expected to be owner-occupied rather than rentals. Mr. Wood stated the size and character of the retail center has been reduced by one half and the orientation changed from regional to community. He said they support the staff report and the conditions for approval and feel they are entitled to a decision. Bill Daugherty, 2600 La Golondrina, representing the Audubon Society, stated the sedimentation basins do not solve the pollution. He said there are no provisions for capturing and eliminating hydrocarbon pollutants, which will kill the plant life. Mr. Daugherty said that hydrocarbon traps and sediment traps must be installed before the drainage enters the storm system. Joe Strauss, 3534A Navarra Drive, read a letter from Ben Smith, 301 7 Agahar Court, in opposition to the project. He said the Council and City actions are attempts to denigrate the initiative process. He said the Council should not be considering the proposal, since the initiative will be voted on in two months. Lee W. Landrum, 2212 Plaza De Flores, Attorney, stated the project emanates from a bankruptcy proceeding involving the Hunts. He said this Council has a duty to make sure they have the funds available now to do what they say they will do. Robert Payne, P. 0. Box 3073, stated the project is a fantasy and will be a nightmare. He gave a history of the area and explained the position of the people who processed the initiative. He said the developer is saying that the initiative is unnecessary, but that is wrong. He expressed concern about traffic and pollution. Sharon South, 101 South Rancho Santa Fe Road, Encinitas, spoke on behalf of the Encinitas Union School District, in support of the Green Valley project. She stated that the District had concerns with the original plan as far as the impact on the District. Ms. South said the Encinitas School District has three schools in Carlsbad and supports this project based on the developer’s commitment to mitigate the project’s impact on the elementary school. Marie Kersten, Caminito Monarca, urged the Council to deny the request for certification of the EIR and the application for a Master Plan, Local Coastal Program Amendment and Local Facilities Management Plan, as she felt this project was not in the best interest of the citizens of Carlsbad. She stated that El Camino Real is heavily traveled now and the people in that area are entitled to a peaceful life. Doug Taylor, 7343 Paseo Verde, stated his concern was with the area at the corner of El Camino Real and La Costa, where the red barn is located. He said that is shown as open space, and if there are to be buildings placed there, the map should show that. Mr. Taylor said he would like to see that area stay just as it is now. 0 0 January 23, 1996 CITY COUNCIL Page 6 PUBLIC HEARING : (Continued) Richard Jachimowicz, 7026 Columbine Drive, stated he is also concerned about the corner where the red barn is located. He said that is a dangerous corner and should not have additional buildings placed there. Pat Bleha, 3209 Fosca Street, stated that the Green Valley initiative is on the ballot for March 26, and Council should wait until after the election. She spoke in opposition to the project and in favor of the initiative. Inez Yoder, 7738 Madrilena Avenue, requested that comments at the Planning Commission and a letter by Kevin Johnson be included in the records (copies on file in the City Clerk’s Office). She said Council should wait until after the election to vote on this project. Mrs. Yoder stated she was in favor of the red barn area being designated as open space and to stay as it is now. She said Council should consider the alternative proposal presented in the Green Valley initiative. Dolores Welty, 2076 Sheridan Road, Leucadia, stated that any development in that area affects her quality of life. She favored leaving the red barn where it is and not adding any other buildings in that area. Winn Weintraub, 71 12 Almaden Lane, stated Council is forcing them to go to court if they approve the project. Carolyn Avalos, 605 Hygeia Avenue, Leucadia, stated she is a member of the Board of Directors of the Organization of Planning Association of Carlsbad/Encinitas, and they study the effect of regional growth on the natural resources. She supports the initiative and asked for postponement of a decision on Green Valley until after the vote to enable Council to explore the benefits of an environmentally sensitive area. Ms. Avalos also favored leaving Area 5 (the red barn area) as open space. George Sullivan, 2395 Terraza Panga, stated he had concerns about the safety of this proposed area, as there will be approximately 250 children occupying four hundred homes, and he wanted to know where they would play. He felt they would not have anything to occupy their time and could get into trouble. Mr. Sullivan said the area would be invisible to the patrol cars, and this would cause crime in the residential areas as well as in the commercial area. He said the unrestricted access to the residential area from the commercial area would create a high crime scenario, and the EIR did not address adequately the problems of crime and disorder and juvenile safety. Jeff Johnson, 6327 Chorlito Street, stated he has followed this project over three years and staff has done an outstanding job. He said this project is worthy of acceptance. Mr. Johnson also favored keeping the red barn as it is as long as it does not impact traffic. Mrs. Nadine Vasilieff-DePrez, 4616 Pannonia Road, spoke in favor of the Green Valley initiative, stating that the proposed plan by the developer will create a place for crime and criminal groups to prey on the youth, and the low-income people will ruin the neighborhood. Fred Johnston, 2140 Vuelta Court, President of the Monarch Homeowners Association, spoke in favor of the initiative and urged the Council to delay a decision on approving the development until after the initiative vote. 0 0 January 23, 1996 CITY COUNCIL Page 7 PUBLIC: HEARING: (Continued) Marilyn Jaffa, 3448 La Costa Avenue, stated she lives on La Costa Avenue, east of El Camino Real, and stated that the traffic on that street is the same as a raceway. She said that this project would just exacerbate the traffic on both of those streets. Renata Mulry, Bexen Press, P. 0. Box 1865, stated she was concerned with the City chasing sales tax as a reason for this project being considered, and said that if the City thinks it can depend on shoppers, it will find itself in serious financial trouble. Ms. Mulry said this project is not in the best interest of Carlsbad. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:29 p.m. " RECESS: Mayor Lewis declared a recess at 8:29 p.m., and Council re-convened at 8:44 p.m., with all five Members present. PUBLIC: HEARING: (Continued) Gary Wood, representing the applicant, stated the pollutant basins for Green Valley meet the NPDES standards and their maintenance will be the responsibility of the property owners and homeowners associations. Christopher Neils, Attorney, stated a reference was made to an injunction, and there is no injunction compelling anyone to do anything. He urged the Council to not postpone a decision until after the election. Mr. Neils said the project was not returned to Council sooner, as the applicant took extra steps to be very thorough. Allen Farris, Project Manager, Carlsbad Partners, requested approval of the project. City Attorney Ron Ball stated Mrs. Yoder referred to a letter from Attorney Johnson, dated December 13, 1995, which was received after the comment period on the EIR. He stated that the 14 page discussion attached to the Agenda bill and a 30 page discussion of the alternatives fully covers this subject. Mr. Ball stated that Mr. Landrum mentioned not requiring financial security from the developer at this time. He said that this is the Master Plan, and the actual development of the project will come before the Council with a Site Development Plan and a financial guarantee performance bond would be required at that time. He said the public facilities will be in place and completed as required. Mr. Ball stated that comments were made that Council exceeded their legal authority in placing the initiative on the ballot, and that is untrue. He said the election code requires that when an initiative is filed, the Council can place it on the next regularly scheduled municipal election, which would be November 1996. Council placed this on the next statewide election, March 1996, and nothing will disturb or disrupt that. a 0 January 23, 1996 CITY COUNCIL Page 8 PUBLIC HEARING: (Continued) Mr. Ball stated that the Master Plan is not contingent on or linked to the ballot initiative that will be voted on in March. The initiative itself contains a clause that makes it retroactive to 1994, in which case, the General Plan will be amended and this Council will follow the General Plan as it existed at that time. Mr. Ball said that with regard to the inadequacy of the EIR with regard to crime, those areas are considered social and economic impacts and not cognizable in an EIR. Mike Holzmiller, Planning Director, stated that Planning Area 5 is designated as open space, and the red barn would remain agriculture, a legally non-conforming use. He said this corner is not being proposed as a commercial site, but is designated as open space and the use could not be intensified. Dave Houser, Assistant City Engineer, stated the traffic model included the Encinitas Ranch project, Home Depot project and eleven other projects proposed in the surrounding area. In response to query, staff stated the Master Plan is a land use document, and any proposal for development has to go through specific review, and explained the process. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-348, approving the Green Valley Master Plan for property generally located north and east of the City of Encinitas, south of La Costa Avenue and west of El Camino Real in Local Facilities Management Zone 23; and adopted RESOLUTION NO. 96-37, certifying a program Environmental Impact Report, approving candidate findings of fact and the mitigation monitoring and reporting program, and approving a Local Coastal Program Amendment, Local Facilities Management Plan for Zone 23, and Green Valley Master Plan for 281.2 acres generally located at the southwest corner of La Costa Avenue and El Camino Real. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 955 p.m., and re-convened at 9:56 p.m., with all five Members present. ,e I) January 23, 1996 CITY COUNCIL Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: 68 16. AB #13,493 - CARLSBAD COMMUNITY CABLE TELEVISION FOUNDATION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council continued RESOLUTION NO. 96-38; and adopted RESOLUTION NO. 96-39, reappointing Paul Vanderpool to the Foundation of Carlsbad Community Cable Television; and adopted RESOLUTION NO. 96-40, reappointing Tracy Carmichael to the Foundation of Carlsbad Community Cable Television. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 17. AB #494 - APPOINTMENT OF SENIOR COMMISSIONER TO THE CDBG FUNDING ADVISORY COMMITTEE FOR PROGRAM YEAR 1996-97. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 96-41, appointing Arthur Serrin to the CDBG Funding Advisory Committee for Program Year 1996-97. 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 23, 1996, was adjourned at 10:09 p.m. Respectfully submitted, &&kQ,, ALETHA L. RAUTENKRANZ City Clerk Harrietl: Babbitt Minute!; Clerk