HomeMy WebLinkAbout1998-06-02; City Council; Minutes (2)* 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 2,1998
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: 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, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Finnila.
APPROVAL OF MINUTES:
ACTION: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings
were approved as presented:
Minutes of the Special Meeting held May 12, 1998
Minutes of the Regular Meeting held May 12, 1998
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSTAIN: Lewis
CONSENT CALENDAR:
Council Member Nygaard removed Item #7 from the Consent Calendar.
Council Member Kulchin removed Items #9, 10, and 11 from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Finnila, Council affirmed the actions of the
Consent Calendar, Items #1-11, with the exception of Items #7, 9, 10, 11, as
follows:
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14,690 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s investment
portfolio as of April 30, 1998.
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CONSENT CALENDAR (continued):
2. AB #14,691 - FINAL MAP FOR CARLSBAD TRACT 97-1, RANCHO CMLLO VILLAGE H.
Council adopted RESOLUTION NO. 98-155, approving the Final Map for Carlsbad Tract 97-1,
Rancho Carrillo Village H and authorizing the City Clerk to process the map for recordation.
3. AB #14.692 - FINAL MAP FOR CARLSBAD TRACT 97-2, RANCHO CARRILLO VILLAGES
A, B. C, AND D.
Council adopted RESOLUTION NO. 98-156, approving the Final Map for Carlsbad Tract 97-2,
Rancho Carrillo Villages A, B, C, and D and authorizing the City Clerk to process the map for
recordation.
4. AB #14,693 - OLIVENHAIN ROAD WIDENING IMPROVEMENTS - PROJECT NO. 3466.
Council adopted RESOLUTION NO. 98-157, accepting the construction of the Olivenhain Road
Widening as complete, and directing the City Clerk to record the Notice of Completion and to
release bonds appropriately.
5. AB #14,694 - 1997-98 SUBRECIPIENT AGREEMENT WITH THE BOYS & GIRLS CLUB OF
CARLSBAD.
Council adopted RESOLUTION NO. 98-158, approving a subrecipient agreement between the
City of Carlsbad and the Boys and Girls Club of Carlsbad for 1997-98 Federal Community
Development Block Grant funds for the Teen Scene Program.
6. AB #14.695 - CONTRACT FOR FINANCIAL AUDIT.
Council adopted RESOLUTION NO. 98-159, approving an agreement with Conrad &
Associates to perform the City’s financial audit for fiscal years 1997-98 through 1999-00.
7. AB #14,696 - GROWTH MANAGEMENT CIRCULATION DEFICIENCIES AND
MITIGATION PROGRAM.
This item was removed from the Consent Calendar.
X. AB #14,697 - REVISED SALARY SCHEDULE FOR THE CARLSBAD POLICE OFFICERS’
ASSOCIATION.
Council adopted RESOLUTION NO. 98-161, approving a revised salary schedule for
classifications represented by the Carlsbad Police Officers’ Association.
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CONSENT CALENDAR (continued):
9. AB #14,698 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
10. AB #14.699 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
11. AB #14.700 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
7. AB #14,696 - GROWTH MANAGEMENT CIRCULATION DEFICIENCIES AND
MITIGATION PROGRAM.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
98-160, accepting the Growth Management Circulation Deficiencies and
Mitigation Program; appropriating funds for design of improvements to the El
Camino Real and Faraday Avenue intersection; and finding that the mitigation
measures ensure that the Growth Management Perfonnance Standard for
Circulation are being met.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
9. AB #14,698 - ACCEPTANCE OF DONATION.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
98-162, accepting a donation from the Charles & Ruth Billingsley Foundation to
replace the card tables at the Carlsbad Senior Center.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
10. AB #14,699 - ACCEPTANCE OF DONATION.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
-7 98-163 accepting a donation from Gerico’s Bar and Grill to benefit the Carlsbad Senior Center.
AYES : Lewis, Finnila, Nygaard, Kulchin, Hall
1 1. AB #14,700 - ACCEPTANCE OF DONATION.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
98-164, accepting a donation from Thomas and Mary Louise Siersma to support
special events in the Senior Center dining room and for the Home Delivered
Meals Program.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
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ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following event:
Carlsbad Chamber of Commerce 1998 Student Recognition Program, Thursday, June 4, 1998,
4:OO-5:OO p.m., at the Carlsbad Public Safety Center, 2560 Orion Way, Carlsbad.
PUBLIC COMMENT:
There were no requests to address the Council.
PUBLIC HEARINGS:
12. AI3 #14.673 - CT 91-6x2 TIENDA DE LA ESOUINA TENTATIVE MAP EXTENSION.
City Attorney Ronald Ball stated that the issue before Council is the extension of the tentative map and
the related development permits for the project. The matter is an appeal of the Planning Commission’s
approval, which is presumed to be correct, and unless the appellant can demonstrate an error in the
Planning Commission’s decision, the appeal should be denied. Mr. Ball also stated that the hearing is not
about the land use for the area or the site.
Planning Director Michael Holzmiller gave an overview of the history of this site stating that Council had
specifically zoned this site as “neighborhood commercial” in 1991. Mr. Holzmiller stated that this item is
an extension of the Tentative Map, Site Development Plan and Conditional Use Permit; however, if the
appeal is upheld, it would not eliminate this property as a commercial site, it would just mean that
Council is not allowing this particular commercial project to be extended.
Associate Planner Christer Westman gave an overview of the project as contained in the agenda bill and
reviewed the new conditions applied by the Planning Commission.
Mayor Lewis opened the duly noticed Public Hearing at 6:37 p.m.
Bill Ryglewicz, representing the appellant Stephanie Zimmerman, 7700 Corte Promenade, Carlsbad,
stated that this development will be a public nuisance and poses a significant threat to the public’s health,
safety and welfare. He said that the Planning Commission erred in not considering the community’s
concerns and in approving the extensions of these permits. Mr. Ryglewicz stated that the two main
reasons the gas station should not be permitted is that (1) it will impair the integrity and character of the
zone; and (2) it is inconsistent with state law, the general plan, or any applicable specific plan, master
plan, zoning ordinances, or policy of the city. He further stated that during the time frame of January -
May, 1998, 37 traffic citations were issued to drivers under the age of 20 in the surrounding area; which in
essence is 5.5% of all citations issued in Carlsbad. Mr. Ryglewicz stated that their primary objection is
with the gas station and the sale of liquor. In addition, he stated another gas station was planned for the
very next intersection, and no residential area needs two stations that close together. He said that other
commercial development uses would be much more compatible to the neighborhood setting, such as a
preschool.
June 2,1998 CITY COUNCIL 0 Page 5
PUBLIC HEARING (continued):
AB #14,673 (continued):
Mary Ellen Nakagawa, 7703 Sitio Musica, Carlsbad, stated that they had been told by the Planning
Commission that they had no authority because Council had approved this project. Mrs. Nakagawa said
the Planning Commission wanted to make sure an additional safety plan was put in place and they wanted
additional requirements concerning signage. She stated that currently the city has 12 gas stations, and
none of these are in residential areas. The residents in this area who signed the petition are clearly in
opposition to the gas station being built and liquor being sold at the convenience store.
Mark Kaufman, 3378 Avenida Nieve, Carlsbad, stated that he would like to see the Council consider the
nature of the neighborhood. He opposed the gas station with the convenience mart. He said that he is not
opposed to the commercial use, but is opposed to the gas station. Mr. Kaufman said that another concern
is the glaring halogen lights used at gas stations, the impact they will have on the neighborhood.
Ralph Banaci, 77 11 Sitio Musica, Carlsbad, stated that his son owns the proposed gas station which is to
be built at La Costa Avenue and Rancho Sank Fe Road. He said that he would prefer to see this site used
as a medical center or some other type of business center with operating hours from 9:OO a.m. - 5:OO p.m.
Mr. Mattock said that this is more than just a safety issue for children, it is a prime site for crime.
Charles Buman, 33 16 Avenida Obertura, Carlsbad, stated that he is not opposed to the commercial use of
the property; however, he is opposed to the gas station, convenience store, and sale of liquor. Mr. Buman
said that he would prefer to see some type of commercial business go in that doesn’t produce a lot of
traffic and would be more appropriate for the neighborhood.
Tony Arishmende, stated that it would be a definite mistake to allow a gas station that would be open 24-
hours and selling alcohol, to be built in this neighborhood. The building will be well hidden, a prime
target for crime, an ideal location for transients, and children will be put at risk.
Nancy Camp, expressed opposition to the gas station with a convenience store.
Stephanie Zimmerman, 78 11 Calle Jalisco, Carlsbad, appellant, stated that she is very concerned with the
development and hopes that Council has listened carefully to the testimony of the residents that expresses
not only an emotional concern, but a real concern about facts and evidence that the Planning Commission
did not consider when they took action.
Leon Ferguson, 7730 Corte Marin, Carlsbad, stated that he is opposed to the development.
Mike Wilson, 3453 Paseo Oncho, Carlsbad, stated that he would not be opposed to commercial
development such as a bank, credit union or medical institution; however, he is opposed to the gas station
and convenience store. Mr. Wilson stated that the gas station will decrease the value of the surrounding
properties and the CUP needs to be looked at more closely.
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PUBLIC HEARING (continued):
AB #14.673 (continued):
Randy Nakagawa, 7703 Sitio Musica, Carlsbad, stated that off premises sale of alcohol is not conducive
to the neighborhood and Council should seriously consider this when they make their decision.
Jody Sather, 3333 Corte Verso, Carlsbad, opposed the gas station and sale of alcohol.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:25 p.m.
In response to query, City Attorney Ball stated that the gas station can be severed from the mini mart to
meet the findings by Council. He stated that Council can approve or deny the Conditional Use Permit and
make conditions relating to alcohol sales. Mr. Ball also stated that final approval for alcohol sales would
be made by the ABC (Alcohol Beverage Control Board).
Planning Director Michael Holzmiller stated that the service station is an allowed use in the neighborhood
commercial zone; however, only with a Conditional Use Permit. Findings for the Conditional Use Permit
must be made showing that the use will not be detrimental to health, safety and welfare, and that it is
compatible with the neighborhood. The station itself is not a use that is permitted by right, but it is a use
listed under Conditional Use Permits in the Neighborhood Commercial Zone.
Mayor Lewis reopened the Public Hearing at 7:34 p.m., in order for the applicant to address the Council
and the appellant to respond.
Nick Banche, 715 Pier View Way, Oceanside, attorney representing the applicant, stated the Planning
Commission conducted three public hearings and approved the extension. He said that the property has
remained as some type of commercial site through all the amendments of the La Costa Plan and General
Plan Amendment process. Mr. Banche stated that this is a great place for a neighborhood commercial site
and Council has to have credible evidence in order to deny the project. He also stated that the owner has
waived his right to sell alcohol in connection with the gas station.
Stephanie Zimmerman, 7811 Calle Jalisco, Carlsbad, appellant, stated that there is a “right in equity”
under the law and it is under that basis that the appeal was filed. She stated that the key point of the
appeal is that the Planning Commission erred in approving the Conditional Use Permit contrary to what
the General Plan permits. Ms. Zimmerman stated that there is a safety issue; it will lend itself to become
a public nuisance in regard to the neighborhood; and Council should preserve the integrity of the
neighborhood by upholding the appeal.
Seeing no one else wishing to speak, the Public Hearing was closed at 7:56 p.m.
June 2, 1998 0 CITY COUNCIL 0 Page 7
PUBLIC HEARING (continued):
AB #14,673 (continued):
Council Member Kulchin stated the area does not need three gas stations. She stated that if the CUP is
not approved, she would be in favor of having the applicant go through the shortest route possible to have
a new project approved.
Mayor Lewis spoke in opposition to the project stating that circulation is a major concern. The property
has two ways to access the site but only one way to leave the site.
ACTION: On motion by Mayor Pro Tem Finnila, Council referred the item to the City
Attorney’s Office for preparation of documents denying the appeal of the
Planning Commission for the extension of CT 92-06x2, with the condition that
the CUP approve only a gas station and not a convenience store; that the site be
conditioned for specific lighting and delivery schedules; that the traffic signal be
installed at the time of construction; and that the signage program be returned to
the Planning Commission for approval.
AYES: Finnila, Nygaard, Hall
NOES: Lewis, Kulchin
ACTION: On motion by Council Member Hall, Council directed the City Attorney to
prepare documents refunding the appeal fee of $600 to the appellant.
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: Lewis
RECESS:
Mayor Lewis declared a recess at 8:44 p.m., and Council reconvened at 853 p.m., with all Council
Members present.
HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Mayor Lewis adjourned to the Housing and Redevelopment Commission Meeting at 853 p.m., and
Council reconvened at 8:54 p.m., with all Council Members present.
0 June 2,1998 CITY COUNCIL 0 Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #14,701 - PROPOSED 1998-99 OPERATING BUDGET.
Staff gave a presentation on the proposed 1998-99 Operating Budget as contained in the agenda bill.
Council Member Hall referenced pages 15 and 16, column 4 (balances), and suggested staff look at and
come back at a future meeting with recommendations on how to deal with balances.
Council Member Finnila referenced Exhibit G, the Community Activity Fund, and expressed the opinion
that it is time to do something, such as increasing it to a million dollars and utilizing the monies. She also
requested additional information on the Stay ‘n Play Program and stated she would also like to see the
program offered at Hope and Buena Vista Schools.
Council Member Nygaard referenced a letter dated June 1, 1998 from the Boys and Girls Club, and their
offer of assistance with the Stay ‘n Play Program.
ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the report on the
proposed 1997-98 Operating Budget and directed staff to set the matter for public
hearing on June 16,1998.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
Item Nos. 14 and 15 were unanimously approved on motion by Mayor Lewis as follows:
14. AB #14,702 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS.
ACTION: Council adopted RESOLUTION NO. 98-165, appointing Seena Trigas to the
Library Board of Trustees; and
RESOLUTION NO. 98-166, appointing Karen Gleason-Huss to the Library
Board of Trustees.
15. AB 314,703 - HISTORIC PRESERVATION COMMISSION APPOINTMENTS.
ACTION: Council adopted RESOLUTION NO. 98-167, reappointing Connie Trejo to the
Historic Preservation Commission; and
RESOLUTION NO. 98-168, reappointing Don Christiansen to the Historic
Preservation Commission.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
June 2, 1998 0 CITY COUNCIL a Page 9
CITY ATTORNEY COMMENTS: None.
ADJOURMMENT.
By proper motion, the Regular Meeting of June 2, 1998, was adjourned at 10:22 p.m.
Respectfully submitted,
4: 'YlQ/iIL..dLwq PC)
ALETHA L. RAUTENKRANZ
City Clerk
Sherrie D. Worrell
Deputy City Clerk