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HomeMy WebLinkAbout1996-08-20; City Council; Minutesr a 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 20, 1996 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 Father Walter Edelman of the Holy Cross Episcopal Church and St. Michael’s By The Sea Church. PLEDGE OF ALLEGIANCE was led by Council Member Hall. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Council Member Kulchin requested Item #6 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #8, with the exception of Item #6, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 85 1. AB #13.777 - APPROVAL OF AGREEMENT FOR PREPARATION OF COST 45 ALLOCATION PLAN AND USER FEE STUDY. Council adopted RESOLUTION NO. 96-281, approving an agreement with Management Services Institute for the preparation of a Cost Allocation Plan and User Fee Study. 0 0 August 20, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 36 2. AB #13,778 - REOUEST FOR AUTHORITY TO DESTROY FILES. 96 3. 45 96 4. 45 99 5. 113 45 81 6. 68 7. 45 Council adopted RESOLUTION NO. 96-282, authorizing the destruction of certain files in the City Clerk’s Office. AB #13,779 - AWARD OF CONTRACT FOR CONSTRUCTION OF PASEO DEL NORTE/CAMINO DE LAS ONDAS TRAFFIC SIGNAL - PROJECT NO. 3427. Council adopted RESOLUTION NO. 96-283, accepting bids and awarding a contract to Lekos Electric, Inc., in the amount of $81,091, for the construction of a traffic signal at the intersection of Paseo Del Norte and Camino De Las Ondas. AB #13,780 - APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF AVIARA PARKWAY/BLUE HERON PLACE TRAFFIC SIGNAL - PROJECT NO. 3501. Council adopted RESOLUTION NO. 96-284, approving the plans and specifications for the construction of a traffic signal at the intersection of Aviara Parkway and Blue Heron Place, and authorizing the advertisement for bids for Project No. 3501. AB #13,781 - APPROVAL OF FINAL WILLIAMSON ACT CANCELLATION FOR AREAS “A” AND “C” OF CARLSBAD RANCH - AP 76-1(D). Council adopted RESOLUTION NO. 96-285, approving the Final Williamson Act Contract Cancellation for the Carlsbad Ranch Specialty Retail (Area “A”) and Leg0 Drive (Area “C”) Cancellation Areas based on the finding that all conditions of the Certificate of Tentative Partial Cancellation have been satisfied, and authorizing the Mayor to execute the Certificate of Final Partial Cancellation, pursuant to the California Land Conservation Act of 1965. AB #13,782 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. AB #13.783 - APPROVAL OF AGREEMENT WITH THE CARLSBAD CONVENTION AND VISITORS BUREAU. Council adopted RESOLUTION NO. 96-287, approving an agreement with the Carlsbad Convention and Visitor’s Bureau (CCVB) for community promotion services, and appropriating $52,850 from the Contingency Account available balance. 0 e August 20, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 81 8. AB #13,786 - REQUEST FOR OUT-OF-STATE TRAVEL FOR EVALUATION OF GOLF COURSE ARCHITECTS AND OPERATORS. Council adopted RESOLUTION NO. 96-288, authorizing out-of-state travel for members of the Carlsbad Municipal Golf Course Site Selection Committee for site visits to public golf courses in Phoenix and Tucson, Arizona, to evaluate golf course architects and operators. ITEM REMOVED FROM THE CONSENT CALENDAR: 8; 6. AB #13,782 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 96-286, accepting the donation of $43,520 from the Friends of the Library to be used in support of children’s programs, for the purchase of library materials, and for Internet access. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR ADOPTION: 28 9. AB #13,784 - APPROVAL OF MODIFICATIONS TO THE VILLAGE green REDEVELOPMENT MASTER PLAN AND DESIGN MANUAL - LCPA 95-10. 77 ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-371, acknowledging receipt of the Coastal Commission Resolution of Certification, accepting the Coastal Con~mission’s suggested modifications to LCPA 95-10 and amending Section 21.35.020 of the Carlsbad Municipal Code in order to take all actions required to complete Local Coastal Program Amendment 95 - 10. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Kim Welshons, 212 1 Placid0 Court, Chairperson of the 1-5 Corridor Landscaping Committee, gave an update on the Committee’s actions to date. 0 0 August 20, 1996 CITY COUNCIL Page 4 PUBLIC HEARINGS: 99 10. RANCHO CARRILLO VILLAGE “E” - CT 95-6/PUD 95-4. ACTION: On motion by Mayor Pro Tem Nygaard, Council continued this item to September 10, 1996. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 113 11. AB #13,785 - BARRIO SPECIFIC PLAN - SP-209/GPA 95-3/LCPA 95-5/ZCA 96-1/ZCA 95-5. Council Member Hall stated he would not participate in the discussion and vote on this item due to a conflict of interest, and he left the dais. Mayor Lewis stated this plan has been worked on for the last three years, with a great deal of staff input and time. He said that recently it has come to the surface that there is a great deal of dissatisfaction with the plan in general, and the Council was not aware of that. He said he wanted to explain the purpose and procedure for tonight’s hearing. Staff is recommending that the plan be referred back to them to make revisions based on the input received at the meeting at Jefferson School, and to have the plan re-considered by the Planning Commission. Mayor Lewis stated that the purpose of tonight’s hearing is for the City Council to decide whether Council wants to accept staff‘s recommendation or just what other approach to take regarding this plan. Mayor Lewis stated that speakers at the lectern are to have definite recommendations with regard to the list compiled by staff, or to add any new recommendations. He said that he knows the citizens have concerns, but he wants the speakers to address the issues on the plan itself. Staff indicated their recommendation is to refer the Specific Plan back to staff for revisions based on the input received in terms of concerns about the plan and after the Planning Commission reviewed it. This would then be subject to another town meeting at City Hall and then be returned for additional review by the Planning Commission and Design R.eview Board. The other alternatives are: Approve the Specific Plan; Deny the Specific Plan,; Refer the Specific Plan to a Council-appointed Committee, or the recommended staff alternative listed above. Specific Plan Issues and Recommendations were listed and kept in view during the Public Hearing to allow everyone to see the following recommendations: 0 0 August 20, 1996 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) ISSUE STAFF’S RECOMMENDED ACTION Tyler Street properties “Barrio” Specific Plan name “Mandatory” & “Remodel” references Design Requirements Chase Field property acquisition Entry gateway/monumentation Hispanic character/theme Roosevelt St. & improvements Lot consolidation limits Standards to support single family Community Park @ Pine School Community plaza character Delete from plan Change to “Old Carlsbad” Delete from plan Review and revise Delete from plan Delete from plan Delete from plan Keep in plan Keep in plan Keep in plan Review Review Mayor Lewis opened the duly noticed Public Hearing at 6:36 p.m., and issued the invitation to speak. Ofelia Escobedo, 161 1 James Drive, stated she has been before Council since 1988 to ask for help to rehabilitate the area south of Carlsbad Village Drive. She gave a history of the area and the people who joined together to devise a plan for the area. She presented a copy of the petition signed by many people and the paperwork (copy of which is on file in the City Clerk’s Office) to organize a group to work for the betterment of this area. She said there was overwhelming support for a vision and goals for the area, and it is frustrating that now the residents in that area are against a plan to benefit the entire community. She said she would ask what is wrong with trying to clean up an area that is filled with graffiti and debris; wanting the children to have a better place to live and play, and the opportunity and tools to better themselves and learn to become productive citizens of the community; with wanting to be able to walk through the streets without fear or apprehension. She asked for support for the rehabilitation and revitalization of the oldest section of Carlsbad and the area that is the most neglected. She stated she agreed with staff’s recommendation. Claudia Gay, 3081 Tyler Street, agreed with all the recommendations except the design requirements, and did not understand why three or more people could not get together to consolidate their properties. She thought it strange that there was so much opposition to the plan and Council did not find this out until at the last meeting at Jefferson School. a 0 August 20, 1996 CITY COUNCIL Page 6 PUBLIC HEARINGS: (Continued) Richard Norman, 893 Camellia Place, stated he is a retired contractor and was concerned about the restrictions on property owners, such as undergrounding utilities and setbacks. He said this would be a hardship on the homeowners, since repairs are usually done on an emergency basis. He asked about the five year mandate to conform with the State Housing Law (page 5 1 of the Plan). He said he did not want a homeowners association, and likes the area just the way it is. Staff stated that undergrounding of utilities has to be done in all of the City with new construction. The requirements are the same as the rest of the City, which means all must meet Building Code requirements. The only difference here would be the existence of the design guidelines; however, they would be voluntary and not mandatory. The S Zone is a separate overlay that staff assigned to this zone, to refer to a Specific Plan, and was a technical item to try to make it less confusing. Lillian Stemson, 3482 Harding Street, stated her home is of unique design and construction, and these new requirements would affect her tremendously. She said if she had to bring her home up to the State Housing Code it would cost more than to build a new house. She also had concerns about the landscaping requirements in the Plan, and said she favors throwing out the Plan. Staff indicated that this applied to new construction only and did not affect her home in any way. Susan Marshoe, 3 154 Tyler, stated as a new resident she loves the quaintness of the area. She stated that her concern is with the Roosevelt Street improvements, as since the market moved into that spot, there are compressors that are three feet away from her home, that are very noisy and run continuously. There was supposed to be an enclosure around the compressors, but that has not been done. Evan Becker, Housing & Redevelopment Director, stated this item is being addressed, as there are several outstanding items with regard to this market, and they are being put on notice that if the items are not corrected, their permit will be revoked. Hope Wrisley, 2080 Basswood, stated she has concerns about the property rights of the people in that area; particularly with regard to the design elements and the S Zone overlay. She said if the Specific Plan makes no difference, then why have it. She stated that the area is not of strictly Hispanic character at this time, so why segregate them. Ms. Wrisley said she saw no reason to limit the consolidation of lots. 0 0 August 20, 1996 CITY COUNCIL Page 7 PUBLIC HEARINGS: (Continued) Alex Kononchuk, Jr., 3305 Tyler Street, K & K Laboratories, stated he opposes the plan and wants it rejected entirely. Marietta Martin, 4265 Hillside Drive, stated she is a property owner on Tyler and Roosevelt, stated the people in that area did not want the auto repair shop, and that moved, and now they don’t want the market. She stated the S Zone would be just one more “hoop” to go through the Planning Department. She said that the residents should be allowed to do what is best for the neighborhood. David Orr, 3484 Harding Street, stated he supports the deletions as recommended and feels that the plan is unnecessary. He does not want to live in an area with a homeowners association or rules amounting to the same thing. Mr. Orr stated that he would like to have input on the community park and plaza items, as he would be concerned about security in the area after dark. He wondered whether higher taxes would be necessary to pay for these proposed improvements. Helen Orr, 3484 Harding Street, stated she is a renter, and is shocked that this plan has been in the works for such a long time, and until June she had not heard of it. She stated she appreciated having the flyers put on the doors, and also wondered whether the tax base would be affected. She stated she was also concerned about the community park and plaza items, with traffic, parking, groups of individuals after hours, and how would they control the types of people who would gather there. Mrs. Orr said the City could provide incentives for bringing property up to aesthetic standards, but no specific plan is needed. Staff indicated this would not increase taxes, as there is nothing in the plan requiring the residents to contribute anything. Financial Management Director Jim Elliott explained how the Park-In-Lieu fees are paid for new construction and stay in each Quadrant, and there are Public Facilities Fees, and these two fees are used for community parks. He stated that some of the funds are in the CIP Program and have been allocated for acquisition and development of the plaza and streetscape, and are funds left over from the Streetscape Fund. He stated that the City does not control the School District and what happens with the Pine and Jefferson Schools. e 0 August 20, 1996 CITY COUNCIL Page 8 PUBLIC HEARINGS: (Continued) Elaine Lyttleton, 6853 Maple Leaf Drive, stated her main concern is for Carlsbad to prosper, and she felt the Barrio was being left out of the revitalization of the City. She said that over the last three years many citizens have invested their time to work on a plan to give the Barrio the same as the rest of the City. She stated that corrections should be made to the items that are listed, and she agrees with staff recommendations, except she feels that Tyler Street should have the same improvements, and that the plan should go forward. Michele Monroy, 749 A Magnolia, stated she is in favor of the Specific Plan with the recommended changes. She said she favors the lot limit with no more high density housing. She said that community involvement is needed with regard to the items concerning the community park and plaza. Eton Aharoni, 1824 Oak Avenue, stated his concern with the lot consolidation limits. He said that anything that reduces density reduces the value of the property. He felt the S Zone may be too restrictive, and should be removed. He stated if the Housing Code already applies Citywide, then it should not have to be specifically included in this Plan. Community Development Director Marty Orenyak stated that reference to the Housing Code could be removed since it does apply Citywide. He said the S Zone could also be removed. Caroljean Serna Kohlstedt, 3710 Adams, representing Refugio Campa, 3322 Madison Street, who opposes the Plan. She called attention to the pages in the Barrio Plan where tile roofs are mentioned and asked why that was in the Plan. Planning Director Mike Holzmiller stated staff supports deleting that from the Plan. Staff had indicated there were 30 design elements in the Plan and residents would select five design elements from that list, and it would not be mandatory. Ms. Kohlstedt stated that more Police are needed, and with a community park there would be more crime, which would mean more taxpayers’ money. She said she was also concerned about the traffic control. She stated that if residents had to upgrade their property within five years and could not afford to do this, would the City do this and then bill them for it. She said she does not support the Plan and her grandmother doesn’t support it. She presented the Mayor with a list of her specific objections to the Plan. e 0 August 20, 1996 CITY COUNCIL Page 9 PUBLIC HEARINGS: (Continued) Edie Loper, property owner and resident on Roosevelt-corner of Pine and Roosevelt. She stated she did not think the name should be changed to “Old Carlsbad”, and should not be named at all. She said they are all part of Carlsbad and to label is separate segregation and stigmatizes. She said if Roosevelt Street & improvements are to kept in the Plan, and Hispanic character deleted, this singles out one ethnic group. She said this is a multi- cultural community. She gave a history of the area, stating that the native Indians were the people indigenous to the area-not the Hispanic. She said if the streetscape design was changed, it would not flow with the streetscape already in place. She said to improve it, but keep it the same. She stated she agrees with deleting Hispanic from the plan and she wants the improvements on Roosevelt Street. Gloria Martinez, 741 1 Esfero Street, North County Latinos Association, stated this is a large group living in Carlsbad and on their behalf she stated their support of the Plan and the recommended changes. Alisa Bedwell, lived in Oceanside over 50 years, and now resides in Carlsbad, and is in favor of the old Carlsbad or Barrio Plan, and would hate to see the project canceled because some people are misinformed. She said that the property values could increase and they would have a protected environment. She hopes the Plan will be accepted. Martha Law Edwards, 1366 Pine Avenue, stated she supports the Plan and staff recommendations as posted. She said there has been a lot of mis- communication and mis-information. She said she trusts the wisdom and fairness of Council and the Mayor and knows they will continue to hold on to the foundation values that Carlsbad was built upon. David Valadez, 3 177 Roosevelt Street, stated he was here to support the Plan, as this was the first time there was an effort to improve his neighborhood. He thanked the Council and the Planners and stated he could not understand why there was so much opposition to the Plan. He said that the speakers opposing the Plan are concerned only about money, and are not considering what the Plan is about. He said this Plan is about progress and he hoped Council would adopt the Plan. Bob Ladwig, 2642 Ocean Street, stated he supported what David Valadez said, and agrees that the Plan is about the future and he supports staff recommendations. He suggested the Plan be returned to staff and the Planning Commission and Design Review Board. He said that the design requirements are optional and this should relieve some of the concerns. a 0 August 20, 1996 CITY COUNCIL Page 10 PUBLIC HEARINGS: (Continued) Tony Mata, 450 Chinquapin Avenue, stated he opposes the Plan and told of the improvements in the area without a Specific Plan or an S Zone. He said this would disrupt the way of living and he requested the Plan be rejected. In response to query by Mayor Lewis, Mr. Mata stated he would be willing to serve on a committee to review the Plan. Roy Sanchez, 3482 Roosevelt Street, stated the neighborhood is a melting pot and he doesn’t want it to be separated or labeled. He stated he would like to change the boundary lines that staff established for the Barrio area, and asked why Anchorage Way was separated from the area. Mike Escobedo, 10700 Lehnhardt Avenue, Fountain Valley, stated he was very saddened by the animosity shown at the June meeting. He said this is a City plan, developed for the good of the community now being viewed as “bad” by some. He said there was a lot of time and effort put into this Plan by staff and concerned citizens. Now, there are individuals who oppose the Plan and are demanding it be scrapped without any positive recommendations. He asked for the Plan to be approved as it is a good Plan for the community. He said that Tyler Street should be included, and he favors “Barrio” for the Specific Plan name. Mario Monroy, 3612 Carlsbad Boulevard, stated he is concerned about the community park issue. He said that the lot consolidation limits are essential. He stated that the School District is trying to have a voluntary integration plan, however, if the density in the area is increased, there would be more people move in and that would increase the problem they are already experiencing. Mr. Monroy said that lot consolidation is very important to him. He said that some groups had refused to participate, and no progress can be made if everyone does not take part in a planning process. Connie Trejo, Roosevelt Street, stated the area south of Carlsbad Village Drive has not kept up with the rest of Carlsbad as far as growth and improvement. She said the City will help people that want to help themselves. She told of the organization that was formed and the meetings that were held, with all the residents invited to attend. Ms. Trejo said that goals and plans are needed to ensure that the area is headed in the right direction. She said the Barrio Plan is the way. Joe Canales, 3447 Jefferson Street, stated there is no need to spend any more money on this Plan. He said the Plan should be killed, as he does not want any of it. He said it should not go back to a committee, but any planning should be started over fresh. He said there is a community center on Harding Street and a park-Holiday Park, and there is a gym at the Boys Club. 0 e August 20, 1996 CITY COUNCIL Page 11 PUBLIC HEARINGS: (Continued) Anatasia Serno, 3710 Adams, her mother lives at 3322 Madison, stated her mother has improved both of the houses on her property, and they all care about their community. She said to kill the Plan and let them do these things on their own. She said they should come and talk with them and let them say what they want done. She said the community doesn’t need this Plan. Julian Serno, 3710 Adams, requested the Plan be denied. Richard Wazniak, La Portalada Street, stated he agrees with all the items as listed, and said that more information should be disseminated among the opposition. He said there should be no high density building in the area. He reiterated that there seems to be a complete misunderstanding as to what the Plan is about. Rudy Sotelo, Oceanside, representing his sister, who has three homes here, stated the word “Barrio” is demeaning and should be deleted. He favored “killing” the Plan; but moving forward with the improvements of Roosevelt ,Street. James O’Neil, 401 West “A” Street, San Diego, Attorney for Mr. Kononchuk and the K & K Laboratories, 3305 Tyler Street, stated the Plan is flawed, as it does not communicate what the staff has said the Plan contains. He said the Plan should be rejected. He agreed that the Tyler Street properties should be deleted and asked what the design requirements meant. He said the Hispanic people do not want to be labeled, and this area is not strictly Hispanic and that should be deleted. He said that lot consolidation limits is creeping control. He said that K & K Laboratories is opposed to the lot consolidation limits. He said this is not a unified plan, but is a divisive plan and should be rejected. Gil Alvarado, 3327 Tyler Street, stated the biggest concern is timing-as it may not be the right time for this Plan, and he opposes the Plan. He said many of the people in this area are on fixed incomes and worry what will happen to them, and they do not need another worry. He stated he is willing to do whatever it takes to improve the community. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 9:23 p.m. RECESS: Mayor Lewis declared a recess at 9:23 p.m., and Council re-convened at 9:30 p.m., with four Members present, and Council Member Hall absent from the dais due to a conflict of interest. ,e 0 August 20, 1996 CITY COUNCIL Page 12 PUBLIC HEARINGS: (Continued) Mayor Lewis stated that three years ago the idea was started that there was a need for change in the Barrio or in that portion of the community. He asked staff to review the noticing of the meetings over the last three years and stated he felt the noticing had been sufficient. He expressed a great deal of concern about the mis-information and mis-representation. He recommended that a seven-person committee be formed of Tony Mata, Gil Alvarado and one other individual who opposes the Plan. In addition, he would like for Connie Trejo to submit three names to him of individuals representing the other point of view. He stated that all of the members should be residents of Carlsbad and live or own property in the Barrio. The seventh member would be a citizen-at-large, appointed by Council, who is totally neutral on the matter. He continued, stating that the committee would meet with staff and go through all of the information available, as well as concerns noted by everyone. Therefore, if anyone has specific concerns, that information should be submitted to the Mayor’s Office for inclusion in the review. The recommendation from that committee would then be forwarded to the Planning Commission, and then to the City Council. ACTION On motion by Mayor Pro Tem Nygaard, Council approved the Mayor’s recommendation as stated above. AYES: Lewis, Nygaard, Kulchin and Finnila ABSTAIN: 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 August 20, 1996, was adjourned at 9:50 p.m. Respectfully submitted, l245!2&/&+ ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk