HomeMy WebLinkAbout1998-01-06; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 6,1998
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: 10 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis
LEGISLATIVE INVOCATION was given by Senior Pastor Mark Griffo, Good Shepherd Assembly of
God Church.
PLEDGE OF ALLEGIANCE was given by Council Member Nygaard.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were unanimously
approved as presented:
Minutes of the Regular Meeting held December 9, 1997
Minutes of the Special Meeting held December 16, 1997
Minutes of the Regular meeting held December 16, 1997
Minutes of the Joint Special Meeting held December 16, 1997
Minutes of the Joint Special Meeting held December 16, 1997
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following event:
La Costa AvenueA-5 Interchange Improvements Dedication, Wednesday, January 7, 1998, 12:OO
noon, at CalTrans La Costa Avenue Park & Ride, Carlsbad.
CONSENT CALENDAR:
On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1
through #9 as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14.497 - SETTLEMENT OF BLYTH V. CITY. CASE NO. N72782.
Council accepted the report on the settlement of the Blvthe v. City of Carlsbad lawsuit, Case No.
N72782.
January 6,1998 ’ CITY COUNCIL a Page 2
CONSENT CALENDAR (continued):
2. AB #14,498 - APPROVAL OF OPENING OF CASSIA ROAD FOR PUBLIC STREET .AND m.
Council adopted RESOLUTION NO. 98-1, approving the opening of Cassia Road fronting Villa
Lorna, for public street and public utility purposes, and authorizing the grant of easement.
3. AB #14,499 - ACCEPTANCE OF CONSTRUCTION OF THE 1997 PAVEMENT OVERLAY AND CONCRETE REPAIRS - PROJECT NO. 3527-0.
Council adopted RESOLUTION NO. 98-2, accepting the construction of the 1997 Pavement
Overlay and Concrete Repairs, Project No. 3527-0, and directing the City Clerk to record the
Notice of Completion and release bonds appropriately.
4. AB #14.500 - ACCEPTANCE OF CONSTRUCTION OF THE 1997 STREET SEALING
PROGRAM - PROJECT NO. 35273.
Council adopted RESOLUTION NO. 98-4, accepting the construction of the 1997 Street Sealing
Program, Project No. 3527-S, and directing the City Clerk to record a Notice of Completion and
release bonds appropriately.
5. AB #14,501- REQUEST TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 98-3, authorizing the destruction of certain records kept by
Risk Management.
6. AB #14,502 - APPROVAL OF PLANS AND SPECIFICATIONS FOR 1998 SOUTHEAST
QUADRANT CURB RAMP INSTALLATION - PROJECT NO. 3523-3.
Council adopted RESOLUTION NO. 98-5, approving plans and specifications and authorizing
the City Clerk to advertise for bids for the 1998 Southeast Quadrant Curb Ramp Installation,
Project No. 3523-3.
7. AB #14,503 - APPROVAL OF PLANS AND SPECIFICATIONS FOR CANNON ROAD
WIDENING FROM INTERSTATE 5 TO PASEO DEL NORTE - PROJECT NO. 3437.
Council adopted RESOLUTION NO. 98-6, approving plans and specifications and authorizing
the City Clerk to advertise for bids for the Cannon Road West Widening from Interstate 5 to
Paseo Del Norte, Project No. 3437.
8. AB #14,504 - AWARD OF BID FOR A NEW TELEPHONE SYSTEM FOR THE WATER
DISTRICT OFFICES.
Council adopted RESOLUTION NO. 98-7, accepting the bid in the amount of $32,475.52, and
authorizing the purchase of a new telephone system for the Water District Offices from Vision
Communication Services, Inc.
9. AB #14.505 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of the City’s Investment Portfolio as of
November 30, 1997.
January 6,1998 CITY COUNCIL 0 Page 3
ORDINANCES FOR ADOPTION:
10. AB #14.507 - DRTVE-THRU RESTAURANT PROHIBITION - ZCA 97-02/LCPA 97-01/ZCA
97-03/LCPA 97-07. -
ACTION: On motion by Council Member Kulchin, Council adopted ORDINANCE NO.
NS-439, amending Title 21 of the Carlsbad Municipal Code to define and
prohibit drive-thru restaurants in all zones.
AYES: Lewis, Nygaard, Kulchin
NOES: Finnila, Hall
11. AB #14,508 - CARLSBAD CORPORATE PLAZA SPECIFIC PLAN AMENDMENT SP-23(G).
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- - 437, approving a Specific Plan Amendment for the Carlsbad Corporate Plaza
generally located on the southwest comer of Paseo Del Norte and Camino Del
Parque in Local Facilities Management Zone 3.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
12. AB #14,509 - AMENDMENT OF MUNICIPAL CODE RELATING TO BUILDING PERMIT
FEES.
ACTION: On motion by Mayor Pro Tern Finnila, Council adopted ORDINANCE NO. NS-
438, amending Section 18.04.040 of the Carlsbad Municipal code relating to
Building Permit Fees.
AYES : Lewis, Finnila, Nygaard, Kulchin, Hall
PUBLIC COMMENT:
There were no requests to address the Council.
PUBLIC HEARINGS:
13. AB #14,506 - COSTCO OUTDOOR SEATING - CUP 90-3(B).
Mayor Lewis opened the duly noticed Public Hearing at 6:20 p.m., and issued the invitation to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:20 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
additional tables in the existing outdoor eating area at the Costco Warehouse,
located on the south side of Palomar Airport Road, between Armada Drive and
Paseo Del Norte in Local Facilities Management Zone 5.
-, 98-8 approving a Conditional Use Permit Amendment CUP 90-03@3) to allow 24
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
’ CITY COUNCIL January 6,1998 Page 4 0
PUBLIC HEARINGS (continued):
14. AB #14,510 - AVIARA PHASE I11 NORTH - Mp 177(U)/GPA 97-6/LCPA 97-6.
Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m., and issued the invitation to speak.
Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, Suite 206, Carlsbad, concurred with the
staff report, urged approval, and explained that one of the goals of the Master Plan was to provide a
diversity of housing. Mr. Clemens stated that over time it has become apparent there is a need for “for
rent” property. The proposed apartments will be considered “high end” in order to meet the needs of
business executives, those persons who wish to spend time in Carlsbad without buying property, as well
as executives in the employ of the Four Seasons Aviara Hotel. Mr. Clemens reminded the Council that
the Aviara Master Plan was approved for 2,836 units and in reality, the ultimate number will total just
over 1,850 units. He pointed out that Aviara built the infrastructure: schools, parks, and improvements to
accommodate the originally approved number of units. Mr. Clemens also stated the luxury apartments
will be built to the architectural standard that Aviara has upheld over the years. Mr. Clemens stated that a
recent concern has arisen among homeowners that the sale of this area as an apartment site will result in a
block of votes in the Homeowner’s Association rather than individual votes if it were built as
condominiums. He stated that this is a private matter involving the Master Homeowner’s Association
and the Development Community and is covered by the CC&R’s.
Marleen Asher, 6827 Sand Aster Drive, Carlsbad, stated she was opposed to approval of the Negative
Declaration being discussed at this meeting for the following reasons: (1) the probable decrease in
property values in homes specifically in the vicinity of the area to be developed and generally in all of
Aviara; (2) the increase in transient traffic in the Aviara Area, specifically on Ambrosia Drive; (3) the
increase of traffic generally and specifically on Ambrosia Drive; and (4) the dramatic change in the nature
of Aviara to include rental units.
Arthur Webster, 7032 Partridge Place, Carlsbad, stated that allowing the development of apartments in
Aviara will only increase traffic on Ambrosia, and expressed concern that apartment dwellers will not
show the same respect for the area as property owners within the area. He also expressed concern that the
majority of association votes will go back to the builders if the apartments are permitted to be built, and
the homeowners therefore will not have the ability to run the association.
Dianne Scott, 7243 Spoonbill Lane, Carlsbad, requested this item be continued until the board members
of the Master Homeowners Association are informed as to how this proposed development will impact the
voting power of the homeowners. She stated that her main concern is the fact that in Aviara the
homeowners are just beginning to have a voting majority in their community, and with the development
of the proposed apartments, this majority would change back into the hands of the developer.
Mr. Leondes, Professor of Engineering at UCLA, no address given, asked for the definition of “up-scale”
apartments, what the lowest rental rate would be and to have defined the kind of activities that will be
invited by allowing rental units into the Aviara Community. Mr. Leondes stated this is an upscale
community and apartments should not be allowed.
Mike Petachini, 1373 Cassins Street, stated he was opposed to the increase in density primarily from an
education standpoint, that Aviara Oaks Elementary is already overcrowded, and increasing the density
will only adversely affect the education provided at Aviara Oaks.
' CITY COUNCIL January 6,1998 Page 5 0
PUBLIC HEARINGS (continued):
14. AB #14.510 (continued):
Jack Woodward, 6649 Towhee Lane, Carlsbad, stated that he has relied on the developers to tell them
about changes in the community, especially since they have continually been told that no apartments
would be built in Aviara. He expressed concern regarding the increase in traffic and the lack of traffic
signals, along with the loss of votes in the homeowners association, if the apartment complex is allowed.
Mr. Woodward urged the Council not to approve the project.
Knoll Richardson, 6649 Towhee Lane, Carlsbad, stated he was opposed to the change in density and
reallocation to apartment dwellings. He asked that Council direct staff to examine the impacts of having
apartments built in Aviara, as well as have staff attend a Master Homeowners Association meeting to
inform the homeowners of the projects being planned for the Aviara Community.
Lany Clemens, Hillman Properties, 20 1 1 Palomar Airport Road, Suite 206, Carlsbad, provided rebuttal to
comments made by the public. Mr. Clemens stated that currently the developer is the majority declarant
of the property, therefore they have the majority of votes in the Master Homeowners Association. In
response to statements made about the board not receiving notification of the meeting, Mr. Clemens stated
there is no requirement to notify board members, and that any owner of a parcel would receive a notice of
the meeting, therefore board members received notice of the meeting at their home addresses. Mr.
Clemens also stated there are no provisions in the CC&Rs which would not allow for the construction of
apartments, that the original CC&Rs stated this could happen in the life of the project, and that each
homeowner was required to read and sign the CC&Rs stating they understood the declarations. Mr.
Clemens stated that it would be approximately nine months before the site plan process is completed and
there will be further public hearings to discuss the design and concept of the apartment complex, and
again urged the Council to approve the requested amendments.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7:3 1 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
98-9, approving a Negative Declaration, MEIR Addendum, Master Plan
Amendment, General Plan Amendment and Local Coastal Program Amendment
to revise the density allocation, planning area boundaries and development
standards of Aviara Planning Areas 18, 19, and 20, in Aviara Phase 111, on
property generally located on the east side of Ambrosia Lane, north and south of
Poinsettia Lane, in the southwest quadrant; and
Introduced ORDINANCE NO. NS-440, adopting the Aviara Master Plan
Amendment relative to Phase I11 North, on property generally located on the east
side of Ambrosia Lane, north and south of Poinsettia Lane in Local Facilities
Management Zone 19.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
RECESS:
Mayor Lewis declared a recess at 7:48 p.m., and Council reconvened at 7:55 p.m., with all Council
Members present.
January 6,1998 e CITY COUNCIL 0 Page 6
PUBLIC REARING§ (continued):
15. AB #14,5 11 - POINSETTIA PROPERTIES SPECIFIC PLAN - EIR 96-1/GPA 95-6/
LCPA 96-3/ZC 95-6/SP-21OLFMP 87-22(A).
Mayor Lewis opened the duly noticed Public Hearing at 8:29 p.m., and issued the invitation to speak.
Doug Avis, 5055 Avenida Encinas, Suite 210, Carlsbad, the applicant, stated that he is committed to the
TOD concept and described his project as “new urbanism”. The main issue of concern to neighboring
residents is the view, even though the apartment complex has been eliminated in favor of single-family
homes and building heights reduced to thirty feet. He stated that his staff has worked with the
neighborhoods surrounding this project and have made amendments in an effort to accommodate and
create compatibility with those neighborhoods. Mr. Avis concluded by stating that his company was very
proud of their proposal and also the fact that they are the first project in the community to include the
affordable housing units into the project, thereby offering affordable homes to those in the service
industry.
Kent Schnoeker, 6880 Seaspray Lane, Carlsbad, stated that the major focus of his proposal is to limit the
building height to 25 feet which would protect the visual resource for all of south Carlsbad. He continued
by stating that the development is not consistent with the Coastal Act Guidelines; that non-intrusive
structures and vegetation should be called for on Parcels A and B; that the removal of South Carlsbad
State Beach Campground should not be permitted in exchange for a mixed use development of
commercial structures; that revised portions of the EIR should be recirculated for public comment; and
that staff should provide an explanation as to why the traffic study indicates there will be a decrease in
traffic in the year 2010. Mr. Schnoeker presented a copy of his statement to the Council, a copy of which
is on file in the City Clerk’s Office.
Michael Walker, 6971 Whitecap Drive, Carlsbad, stated that the citizens of Harbor Pointe were not given
mailed notice of the EIR review period in August of 1996 even though they are within 600 feet of the
project site. Mr. Walker stated there are several significant issues which are not covered in the EIR, those
being: incompatible land uses, impact on air quality, increase in traffichirculation, biological resources
impacted during construction, impaired visual amenities, and the impact on school facilities. Mr. Walker
concluded by requesting that the EIR be recirculated, and that: transit experts evaluate practical TOD
alternatives; incentive programs be developed to increase Coaster ridership; additional biological review
be done along Carlsbad Boulevard and Poinsettia Lane; height limitations and other restrictions be
required to preserve ocean views; only owners be allowed to live over commercial buildings; and that the
necessary school facilities and railroad bridge be on-line before construction of the project. Mr. Walker
presented a copy of his statement to the Council, a copy of which is on file in the City Clerk’s Office.
Hank Litton, 7108 Santa Barbara, Carlsbad, Chairman of the Neighborhood Development Committee for
Lakeshore Gardens, stated that they had worked with the developer and met with staff and were able to
have their concerns addressed for the project, including inclusion of an eight foot trail along the perimeter
wall, increased backyard setbacks to prevent blockage of views, and the placement of a perimeter road
between the Lakeshore Gardens wall and the backyards of the closest homes. He stated that Lake Shore
Gardens is not opposed to the project.
Mary Ashworth, 6955 Whitecap Drive, Carlsbad, spoke in opposition and requested that Council delay
taking any action on this project until the EIR is reopened to allow residents of Harbor Pointe the
opportunity to comment on it. Mrs. Ashworth stated that their complex will be significantly impacted by
the development and they were never given the opportunity to review or comment on the document, nor
were they ever notified of any workshops or public hearings. She expressed concern about traffic, air
quality, water supply, the inappropriately termed “transit oriented development”, low income housing,
and schools. Mrs. Ashworth presented a copy of her statement to the Council, a copy of which is on file
in the City Clerk’s Office.
January 6,1998 I) CITY COUNCIL e Page 7
PUBLIC HEARINGS (continued):
15. AB #14,5 1 1 (continued):
Lisa Houston, 6828 Watercourse Drive, Carlsbad, stated she was opposed to the development due to the
impact it will have on the schools which are already overcrowded and under-funded. She also expressed
concern regarding the lack of recreational facilities, specifically soccer and baseball fields, that are
available for the children of Carlsbad. Mrs. Houston stated that it would be inappropriate to approve this
development until the current problems of overcrowded schools and insufficient recreational facilities can
be addressed.
Bernard Ponseggi, 6947 Whitecap Drive, Carlsbad, stated that the manner in which this project has been
handled is a detriment to the city. Mr. Ponseggi stated that he was unable to receive a copy of the EIR or
the amendment to the EIR. He also stated that he had requested that his name be placed on the mailing
list to receive all notifications regarding this project, which was never done. Mr. Ponseggi also expressed
concern over the fact that the City would be allowed to take control of the South Carlsbad State Beach.
Rick LeBlanc, 834 Bluewater Road, Carlsbad, expressed his concern regarding the possible conversion of
the Carlsbad State Beach Campground to a day use park. Mr. LeBlanc stated that petitions in opposition
to this action were in the process of being circulated.
Ed Navarro, 9609 Waples Street, San Diego, representing the California State Beach Parks Department,
stated that the State Beach is not closing nor changing to a day use beach. Mr. Navarro explained that the
State has been working closely with the City for the realignment of Carlsbad Boulevard and that working
relationship is a recognition of the importance of South Carlsbad State Beach.
Project Planner Adrienne Landers, responded that the issue of the State Beach is not related to the
Poinsettia Properties Specific Plan in anyway but the most peripheral. She explained that the wording
included in Exhibit F to Planning Commission Resolution 4159 is a section out of the Local Coastal
Program which has been there for years. She stated that this is a Coastal Policy and that came about many
years ago when the portion of land near Palomar Airport Road may have been considered for a trade in
land uses for a potential of having the campground relocated.
Leslie Tanner, Lanikai Lane Mobilehome Park, Carlsbad, stated that the residents of her community are in
favor of this project, and have worked with the applicant and staff and were able to have their concerns
addressed and resolved. She complimented all who have had a part in this project and voiced overall
support.
Robert Payne, P.O. Box 3073, Carlsbad, spoke in opposition to the development and requested that
Council direct staff to research the notification process. He stated that if the process was done incorrectly,
it needs to start over fkom the beginning. Mr. Payne requested that his name be placed on the mailing list
to receive notification of any meetings regarding any revisions to the change in the state park status.
Ron Zawistowski, 109 Daisy Avenue, Carlsbad, spoke in opposition to the development. He stated that
the development is designed with a transportation corridor that has basically divided the parcel with a
railroad track and Poinsettia Lane. He expressed concern that the design of the development will only
increase traffic and create more pollution. Mr. Zawistowski criticized the EIR and suggested the Council
evaluate the document before accepting staffs recommendation and taking action to approve the project,
January 6, 1998 @ CITY COUNCIL 0 Page 8
PUBLIC HEARINGS (continued):
15. AB #14,5 1 1 (continued):
Louis Taschner, 1533 South Coast Highway, Suite D, Oceanside, an attorney representing Dale and
Donna Schreiber (Ponto Storage Inc.), expressed concerns regarding drainage and suggested that the
developer be required to provide the drainage facilities prior to their diverting any surface water to the
south, specifically prior to or concurrent with grading of the site. He also expressed concern regarding the
access to Carlsbad Boulevard from the Ponto area, and requested that it be included in the study area for
realignment of Carlsbad Boulevard.
Mahron Mazdyasni, 7190 Ponto Drive, Carlsbad, stated he was in support of the project and that the
developer has worked closely with him in addressing his concerns, including the adjustment of the access
to Carlsbad Boulevard.
Doug Avis, 5055 Avenida Encinas, Suite 210, Carlsbad, provided rebuttal to comments made by the
public. Mr. Avis stated that the primary goal has been compatibility with the neighborhood and what was
presented to the Council shows that it is in fact compatible and will also be an enhancement to the
neighborhood. He also explained that they have already annexed to the Carlsbad Unified School District
CFD #3 to finance future school facilities.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 9:33 p.m.
By general consensus of the Council, this item was continued to the meeting of January 13, 1998 for
Council discussion and action.
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB #14,512 - GPA 97-6/GPA 95-6 - GENERAL PLAN AMENDMENT.
By general consensus of the Council, this item was continued to the meeting of January 13, 1998.
RECESS:
Mayor Lewis declared a recess at 9:42 p.m., and Council reconvened at 9:44 p.m., with all Council
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
17. AB #14,513 - APPOINTMENT OF CDBG FUNDING ADVISORY COMMITTEE FOR
1998-99.
The following recommendations were made by members of the City Council:
Council Member Hall recommended Dana Ireland as the Northwest Quadrant Representative; Council
Member Kulchin recommended Bunny Kacher-Dolnick as the Southeast Quadrant Representative;
Council Member Nygaard recommended Phil Purdue as the Southwest Quadrant Representative; and
Mayor Pro Tem Finnila recommended Chsty Howes as the Northeast Quadrant Representative.
* CITY COUNCIL January 6,1998 Page 9 a
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
17. AB g14.513 (continued):
Mayor Lewis made the following recommendations: Courtney Heineman as the Planning Commission
Representative; Ofelia Escobedo as the Housing Commission Representative; and James Whittaker as the
Senior Commission Representative.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
98-12, appointing the following seven members to the City of Carlsbad's
Community Development Block Grant Funding Advisory Committee for
Program Year 1998-99:
Dana Ireland, Northwest Quadrant Representative
Christy Howes, Northeast Quadrant Representative
Phil Purdue, Southwest Quadrant Representative
Bunny Kacher-Dolnick, Southeast Quadrant Representative
Courtney Heineman, Planning Commissioner
Ofelia Escobedo, Housing Commissioner
James Whittaker, Senior Commissioner
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
COUNCIL REPORTS AND COMMENTS:
Council Members reported on the activities and meetings of some committees and sub-committees of
which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT.
By proper motion, the Regular Meeting of January 6, 1998, was adjourned at 9:49 p.m.
Respectfully submitted, A" Assistant City Cler
Sherrie D. Worrell
Deputy City Clerk