HomeMy WebLinkAbout1998-11-17; City Council; Minutesr 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 17,1998
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:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, Hall
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Finnila.
LEGISLATIVE INVOCATION was given by Mayor Lewis.
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 November 3, 1998.
Minutes of the Regular Meeting held November 3, 1998.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSTAIN: Hall - Minutes of the Special Meeting on November 3, 1998
CONSENT CALENDAR:
Items #1 and #3 were removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Finnila, Council affirmed the action of the
Consent Calendar, Items #1 through #5 with the exception of Items #1 and #3 as
follows:
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14,940 - ACCEPTANCE OF DONATION.
This item was removed fi-om the Consent Calendar.
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November 17,1998 CITY COUNCIL Page 2
2. AB #14,941 - ACCEPTANCE OF SOUTHEAST OUADFXNT PEDESTRIAN CURB RAMP
IMPROVEMENTS - PROJECT NO. 3523-2.
Council adopted RESOLUTION NO. 98-379, accepting the construction of the Southeast
Quadrant Pedestrian Curb Ramp Improvements as complete, and directed the City Clerk to
record the Notice of Completion and to release the bonds appropriately.
3. AB #14,942 - AWARD OF CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNALS AT
ROMERIA/LA COSTA AVENUE, VEJO CASTILLALA COSTA AVENUE AND
CADENCIALA COSTA AVENUE - PROJECTNO 3610.
This item was removed from the Consent Calendar.
4. AB #14,943 - TRANSFER OF TITLE OF CALAVERA NATURE PRESERVE (CT 83-19 AND
CT 83-32).
Council adopted RESOLUTION NO. 98-381, approving the transfer of title from Cypress
Valley, L. L. C. to the City, of a parcel required for the development of Villages Q and T within
the Calaveras Hills Master Plan, and;
adopted RESOLUTION NO. 98-382, approving the transfer of title of a mitigation parcel from
the City to The Environmental Trust (TET), to be maintained and preserved as mitigation for the
development of Villages Q and T, and authorizing the expenditures from the existing
environmental management trust fund.
5. AB #14,944 - AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE FOXES
LANDING SEWER LIFT STATION - CMWD PROJECT NO. 98-407, CITY PROJECT NO.
36561.
Council adopted RESOLUTION NO. 98-383, approving an agreement with Krieger and
Stewart Consultants to provide engineering design services for the Foxes Landing Sewer Lift
Station upgrade.
REMOVED FROM THE CONSENT CALENDAR:
1. AB #14,940 - ACCEPTANCE OF DONATION.
ACTION: On motion by Mayor Pro Tern Finnila , Council adopted
RESOLUTION NO. 98-378, accepting donations in support of the 1998
Sister City Student Ambassador Program, and appropriating funds for
the reimbursement of program related expenses.
3. AB #14,942 - AWARD OF CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNALS AT
ROMERIALA COSTA AVENUE, VIEJO CASTILLALA COSTA AVENUE AND
CADENCIALA COSTA AVENUE - PROJECT NO 3610.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
98-380, accepting bids and awarding a contract to Sierra Electric for the
construction of traffic signals at three intersections along La Costa Avenue.
PUBLIC COMMENT: None
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November 17,1998 CITY COUNCIL Page 3
PUBLIC HEARINGS:
- 6. AB #14,889- TERRACES AT SUNNY CREEK - EIR 98-01/GPA 96-01/ZC 96-01/SP
190(B)/LFMP 87-15(B)/CT 96-02/SDP 97-02PUD 96-02kIDP 96-02.
Mayor Lewis opened the duly noticed Public Hearing at 6:45 p.m.
Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court, #150, Carlsbad, representing Russell W.
Grosse Development Co., briefly described the project.
Scott Adams, Bassini and Lugoni Architects, spoke of the benefits of the proposed architecture (“Z”
lots), used the elevation exhibits in describing the architecture, and pointed out the importance of
professional landscaping and landscape maintenance in this project.
Bill Hofman, further described the features and amenities, as well as some of the other positive aspects
of the project, and presented a computer enhanced video of the completed project as it will be viewed
from El Camino Real. Mr. Hofman concluded by urging an affirmative vote on this project.
Gamer Palenski, Sherman Engineering (Fire Safety Engineering), stated that after extensive analysis,
they found this project to have adequate circulation and emergency vehicle access, as well as adequate
emergency egress for the residents. He also stated that the materials that will be used in the construction
and finishing of the buildings in this project are of a high, fire retardant nature, providing adequate fire
protection, all of which is in excess of the Fire Code requirements.
Robert (Pat) Kelly, 2770 Sunny Creek Road, Carlsbad, requested that all correspondence received by the
City, from Mr. and Mrs. Kelly and/or their attorneys, be made a part of the public record. Mr. Kelly read
a prepared statement containing a number of concerns and a number of requests pertaining to this project
relating to massive grading, import of dirt from the residential to commercial site, and access for his
property. He urged Council to give serious consideration to his concerns and requests before making a
decision on approval or disapproval of this project.
Sarah Hagerty, 4207 Sunnyhill Drive, Carlsbad, representing the North Coast Horse Riders Association,
requested that the Planning Commission review the cityTvlde trail system in Zones 7, 14, 15, 16, and
sections of Zones 5 and 18, and redesignate certain trail segments as multi-use, to include equestrians.
Jan Strickland, 2922 La Costa Avenue, Carlsbad, Director of Human Resources at TaylorMade Golf
Company, read a prepared statement on behalf of the TaylorMade Company urging approval of this
project so as to provide lower cost housing for not only it’s employees but for others as well.
Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Carlsbad, representing Mr. Bentley, a
potential buyer for the Cantarini Property (Parcel 3) in Carlsbad, spoke regarding the LFMP and
requested the ability to delete the Specific Plan.
Elmer Sproul, 5 135 Don Mata Drive, Carlsbad, on behalf of the residents of Rancho Carlsbad, submitted
a petition in support of the project (which is on file in the City Clerk’s Office).
Hans Kashbar, a homeowner and resident of Camino Hills, submitted a letter in support of the project (a
copy of which is on file in the City Clerk’s office), and urged Council’s approval.
Ed Scarpelli, Carlsbad Housing Commissioner, 929 Orchid Way, Carlsbad, spoke in favor of the project
with it’s provision of affordable housing and recommended Council approval.
Bill Hofman, submitted two letters in support of the project, one from Chase Cornan and the other from
the Gribbles, copies of which are on file in the City Clerk’s office.
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Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:40 p.m.
Council Member Hall suggested adding a condition repealing the Sycamore Creek Specific Plan with the
condition that no grading, building, or other development permits be finaled until approved by the
Council.
The City Attorney stated that would be a procedural condition that would allow Council review so Mr.
Kelly’s requested conditions would be considered at that time.
Council Member Nygaard requested increased landscaping on the median to the north of College
Boulevard on El Camino Real.
Mayor Pro Tem Finnila stated she felt this project only met the minimum requirements, and could be
much better. Therefore she could not support it.
Mayor Lewis concurred with the comments of Mayor Pro Tem Finnila.
ACTION: On motion by Council Member Hall, Council adopted RESOLUTION NO. 98-
- 337, certifying an Environmental Impact Report, a Statement of Overriding
Considerations, approving Candidate Findings of Fact, the Mitigation
Monitoring and Reporting Program, and approving a General Plan Amendment,
Local Facilities Manangement Plan Amendment, Tentative Tract Map, Site
Development Plan, Planned Development Permit, and a Hillside Development
Permit for the Terraces at Sunny Creek project on 57.5 acres generally located
north of the existing intersection of El Camino Real and College Boulevard,
amended to include the following condition: “The Sycamore Creek Specific Plan
for the development now known as the Terraces at Sunny Creek is repealed on
the condition that no commercial or ofice use shall be allowed and no grading,
building or other development permits will be final until and unless reviewed
and approved by the City Council. In order to enforce this condition, a note
shall be placed on the Tentative Map ident&ing the parcel subject to this
restriction. ”; and to include a condition requiring enhanced landscaping in the
mediam in El Camino Real adjacent to the future commercial site prior to
issuance of the first building permit; and,
introduced Ordinance No. NS-459, rescinding Specific Plan, SP 190(B) and
amending Section 21.05.030 of the Carlsbad Municipal Code (the Zoning Map)
to approve a zone change to RD-M, regarding property generally located at the
northeast comer of future College Boulevard and El Camino Real in Local
Facilities Management Zone 15.
AYES: Nygaard, Kulchin, Hall
NOES: Lewis, Finnila
RECESS:
Mayor Lewis declared a recess at 8:09 p.m. Council reconvened at 8:16 p.m., with five Council
Members present.
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Mayor Lewis adjourned to the meeting of the Carlsbad Municipal Water District at 8:17 P.m. Council
reconvened at 8: 18 p.m., with five Council Members present.
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November 17,1998 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. AB #14,945 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF BATIOUITOS
DRIVE.
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO.
NS-462, establishing a 30 mile per hour speed limit upon Batiquitos Drive from
Poinsettia Lane to Camino de las Ondas.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
8. AB #14,938 -APPROVAL OF CONSTRUCTION METHOD FOR VISTNCARLSBAD
CONTRACT 3 1821B. OAK STREET STORM DRAIN, CONTRACT NO. 3528, AND
PAVEMENT OVERLAY, CONTRACTNO. 35581.
INTERCEPTOR SEWER REACHES VC5B THROUGH VC9, CMWD PROJECT 91-403,
Council Member Hall excused himself from the dais at 8:21 p.m., citing a possible conflict of interest, in
that he is the owner of properties adjacent to the project.
Kelly Efimoff presented the staff report explaining the two methods of trenching (open trench and
microtunneling) available for the project, their on the area, and cost.
In response to Council questions received from Council during the meeting of November 10, 1998, Mr.
Efimoff provided the following information:
Regarding the difference in the length of the overall project, depending upon the method used, staff did
not estimate that there would be any time difference between the two methods.
Microtunneling does guarantee two-way traffic along Jefferson Street. However, Oak Avenue would
have only one lane of traffic because it will be necessary to have open-trenching because of the location
of the sewer. Also, staff does not estimate any potential reduction in cost for not microtunneling Oak
Avenue. In fact, there may even be a cost increase.
In the contract documents, the open-trench contractor is limited to 200 feet of open-trench during
working hours and 75 feet during non-working hours and is required to restore driveway access during
all non-working hours. Pedestrian access to businesses and residences will be maintained at all times.
The gas pipe line must be relocated because it lays in the same alignment as the proposed new sewer.
Staff estimates 60 truck loads of material per day for the open-trench construction method; 30 trucks to
haul away excavated material and 30 trucks to return material for back-fill.
Jefferson Street will not be closed during this project, and regardless of the method of construction, there
will be one or two lanes of traffic open.
Regarding the current pipe line construction on Jefferson Street, the sewer will be completed by mid
December. A letter from the contractor states that construction will be completed and the road re-opened
on December 18, 1998. However, the contractor will have to return in February or early March, 1999, to
complete the construction of the water line.
Rebecca Cole, Katz & Associates, discussed the Community Relations campaign initiated to inform and
educate all of the impacted audiences throughout the phasing of this project.
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Ms. Efimoff stated this project is only a piece of a larger project, in that Phase 111 will immediately
follow the construction of sewer reaches VC5B through VC9. Phase III includes the pipeline alignments
from Oak Avenue to the Agua Hedionda Lagoon with another portion of collector sewer up Chestnut
Avenue. In addition, there will also be construction of a storm drain along the same alignment as well as
along Chinquapin Avenue, Chestnut Avenue, Harding Street, Oak Avenue, Palm Avenue, Pine Avenue,
and Magnolia Avenue. With Phase 111 in mind, Ms. Efimoff stated staff recommended a third alternative
to be considered by Council. The third alternative would be to reject the construction bids already
received and combine the existing project with the downstream pipe line reaches.
The progression of construction would be as follows: construction of the sewer and storm drain from the
Agua Hedionda Lagoon northward to Oak Avenue; construction of sewer and storm drain along Chestnut
Avenue; construction of storm drain along Harding Street, Oak Avenue, Palm Avenue, and Magnolia
Avenue; microtunneling along Oak Avenue (with a small portion of the storm drain done by open-
trench) to Jefferson, and northward on Jefferson to Las Flores.
The advantages of this combined project are: more time to increase community awareness; potential
overall cost savings; the possible opportunity to optimize the microtunneling portion. The disadvantages
would be: a delay of the construction which will increase exposure to sewer spills along Jefferson Street
and Grand Avenue due to manhole failures; due to the size of the project, the cost would be in excess of
$18,000,000; the potential to increase the construction time-fi-ame; bids could be higher due to inflation
or competition.
Jan Sobel, 4415 Dorchester Place, Carlsbad, Manager of the Carlsbad Chamber of Commerce, requested
Council consider the economic impact of their decision and how that decision will affect the businesses
in the project area.
Dana Reed, owner of “Dana G”, 540 Grand Avenue, Carlsbad, spoke in support of the microtunneling
method of sewer line construction to lessen the economic impact to the downtown merchants.
Gene Forsyth, 2740 Roosevelt Street, Carlsbad, requested approval of the microtunneling method in this
project.
Diane McGaughy, 1088 Laguna Drive, Marketing Director at Las Villas de Carlsbad, representing the
residents and staff of Las Villas de Carlsbad, stated that for safety and the least economic impact to
businesses and residents, the microtunneling method should be used in this project.
Derek Pomfret, 2777 Jefferson Street, Carlsbad, also urged the approval of microtunneling to reduce the
danger and inconvenience to everyone as well as to keep the financial impact to merchants as low as
possible..
Sharon McAnally, 2885 Roosevelt, Carlsbad, owner of Don’s Country Kitchen, asked that the
microtunneling method be used and also suggested that a professional project manager be hired to
oversee the entire project.
Bruce Bandemer, 2742 Berkeley Avenue, Carlsbad, expressed his safety and convenience concerns for
client access at his business as well as other businesses in the area. He also voiced concerns for noise
and dirt levels during the several months of construction. He urged Council to approve microtunneling.
Steven Tague, 2801 Jefferson Street, Carlsbad, requested Council to maintain the community interest by
using the microtunneling to avoid fhther financial impacts.
Sandy Pifion, 2774 Jefferson Street, Carlsbad, agreed with the testimony of all of the previous speakers
and asked Council to give serious consideration to the effect of open-trenching as opposed to
microtunneling and urged them to approve the method that will least impact the residents and merchants.
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November 17,1998 CITY COUNCIL Page 7
George Willis, 2050 Laurie Court, Carlsbad, cited the negative economic impact on businesses and also
urged Council to approve microtunneling.
David Brahms, 800 Grand Avenue, Carlsbad, stated that the Village area is still quite fragile and care
must be taken to protect that fragility. Therefore, he requested that Council approve the microtunneling
method of construction.
ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to return at a later
date with the specifications for the larger project which will include the piping
from the Agua Hedionda Lagoon (Phase 111 as described by staff), utilizing the
least disruptive methods of construction.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
Mayor Lewis declared a recess at 8:09 p.m. Council reconvened at 8:16 p.m., with five Council
Members present.
9. AB #14-946 - AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE
VISTNCARLSBAD INTERCEPTOR SEWER REACHES VC5B THROUGH VC9 (CMWD
PROJECT 91 -403KONTRACT 3 1821B) OAK STREET STORM DRAIN (CONTRACT NO.
3528) AND PAVEMENT OVERLAY (CONTRACT NO. 35581).
ACTION: On motion by Mayor Pro Tem, Finnila, Council rejected all bids and took no
further action on this item.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
Council Member Hall returned to the dais at 9:40 p.m.
RECESS:
Mayor Lewis declared a recess at 9:40 p.m. Council reconvened at 9:45 p.m., with five Council
Members present.
10. AB #14,947 - RESERVATION OF ACREAGE FOR VARIOUS CAPITAL IMPROVEMENT
PROJECTS AND INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR FARADAY
AVENUE (PROJECT NO. 3598).
Staff referenced a letter from Ken Berg, Field Office Supervisor, Fish and Wildlife Service, and placed it
on file with the City Clerk.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
98-385, approving the reservation of 4.62 acres from the City’s allowable take of
coastal sage scrub for various Capital Improvement Projects, and:
adopted RESOLUTION NO. 98-386, approving an Interim Coastal Sage Scrub
Take Permit for the extension of Faraday Avenue, Project No. 3593, and
subtracting 5.5 acres from the City’s 5% allocation.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
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November 17,1998 CITY COUNCIL Page 8
1 1. AB #14,926 - INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR AGUA HEDIONDA
VISITOR CENTER - SDP 98-15/CDP 98-59P.D. 98-01.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
98-366, approving an Interim Coastal Sage Scrub Take Permit for the Agua
Hedionda Visitorhformation Center, and subtracting 0.99 acres from the City’s
5% coastal sage scrub allocation.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on 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 November 17, 1998, was adjourned at 9:48 p.m.
Respectfully submitted,
&ziL 4.29
ALETHA L. RAUTENKRANZ
City Clerk
Carol Cruise
Minutes Clerk