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Home My WebLink About1998-12-15; City Council; Minutes0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 15,1998 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 Tern Hall, Council Members Finnila, Nygaard, Kulchin LEGISLATIVE INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Carlsbad Chamber of Commerce Holiday Sundowner, Wednesday, December 16, 1998, at 5:OO p.m., at Carlsbad By The Sea, 2855 Carlsbad Boulevard, Carlsbad. Aviara Holiday Event, Thursday, December 17, 1998, from 7:OO p.m. to 9:OO p.m., at the Four Seasons Resort - Argyle Restaurant, 7447 Batiquitos Drive, Carlsbad. Senator-Elect Bill Morrow Holiday Event, Monday, December 21, 1998, from 6:OO p.m. to 9:OO p.m., at the Inns of America, 751 Raintree Drive, Carlsbad. APPROVAL OF MINUTES: ACTION: On motion by Mayor Pro Tem Hall, the Minutes of the following meetings were approved as presented: Minutes of the Regular Meeting held November 17, 1998. Minutes of the Special Meeting held November 24, 1998. Minutes of the Special Meeting held December 1, 1998. Minutes of the Regular Meeting held December 1, 1998. Minutes of the Special Meeting held December 4, 1998. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSTAIN: Hall - those portions of the Special Meetings held on 11/24/98, 12/1/98 and 12/4/98 when the San Diego Gas and Electric Co. issues were discussed. 1 I / I I / / 0 0 December 15, 1998 CITY COUNCIL Page 2 CONSENT CALENDAR: Item #6 was removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #1 through #8 with the exception of Item #6 as follows: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin, NOES: None ABSTAIN Kulchin - Consent Calendar Item #8 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,977 -FINAL MAP FOR CT 98-07, LINCOLN NORTHPOINTE. Council adopted RESOLUTION NO. 98-410, approving the final map for Lincoln Northpointe and authorizing the City Clerk to process the map for recording. 2. AB #14.978 - FINAL MAP FOR CT 97-04, CALAVERA HILLS VILLAGE L-1. Council adopted RESOLUTION NO. 98-411, approving the final map for Carlsbad Tract 97- 04, Calavera Hills Village L-1 and authorizing the City Clerk to process the map for recording. 3. AB #14,979 - AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES. Council adopted RESOLUTION NO. 98-412, approving a consultant agreement with O’Day Consultants, a California Corporation, to provide professional surveying services for the Pedestrian Curb Ramp Program. 4. AB #14,980 - AMENDMENT TO AGREEMENT WITH COMDYN GROUP FOR PROGRAMMING AND NETWORK INTEGRATION SERVICES. Council adopted RESOLUTION NO. 98-413, approving Amendment No. 1 with The Comdyn Group for programming and network integration services. 5. AB #14,981 - AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES FOR THE CANNON ROAD WEST BRIDGES - PROJECT NO. 3 184. Council adopted RESOLUTION NO. 98-414, approving an agreement with McDaniel Engineering Company, Inc., for construction support services for Cannon Road West Bridges, Project No. 3 184. 6. AB #14,982 -ACOUISITION OF LOT 96 IN THE CARLSBAD RESEARCH CENTER. This item was removed from the Consent Calendar. I I I I i i i 0 0 December 15, 1998 CITY COUNCIL Page 3 7. AB #14,983 - ESTABLISHING NEW AND DELETING OLD INFORMATION SYSTEMS SERIES CLASSIFICATIONS: RECLASSIFYING CURRENT AND NEW POSITIONS; AND AMENDING BUDGET AND GENERAL EMPLOYEES SALARY SCHEDULE. Council adopted RESOLUTION NO. 98-416, establishing the new Information Systems series classifications; deleting the old Information Systems series classifications; reclassifying eleven positions into the new series; transferring funds from the Contingency Account to the Information Systems budget; and, amending the General Employees’ Salary schedule and FY 1998-99 budget. 8. AB #14,987 - REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF REACH 2 OF CANNON ROAD WEST FROM FARADAY AVENUE TO EL CAMINO REAL. Council adopted RESOLUTION NO. 98-418, approving a reimbursement agreement with Kelly Land Company for the construction of Reach 2 of Cannon Road West from Faraday Avenue to El Camino Real. Abstain: Kulchin REMOVED FROM THE CONSENT CALENDAR: 6. AB #14,982 -ACOUISITION OF LOT 96 IN THE CARLSBAD RESEARCH CENTER. Finance Director, Lisa Hildebrand and Parks Designer and Coordinator, Mark Steyeart presented a brief overview of the matter. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 98- 415, approving the acquisition of Lot 96 in the Carlsbad Research Center for the purpose of providing additional acreage for the Business Park Recreational Facility, and appropriating funds. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin, NOES: None OFWINANCES FOR ADOPTION: 9. AB #14,984 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF MELROSE DRIVE. ACTION: On motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-465, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.240 to establish a prima facie 55 mile per hour speed limit upon Melrose Drive from Rancho Santa Fe Road to its intersection with Palomar Airport Road. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None PUBLIC COMMENT: Robert Payne, P.O. Box 130292, Carlsbad, spoke on the Growth Management Plan, specifically identifying the Shelley Subdivision and the problems regarding schools and traffic. He suggested the interested parties should amend the Growth Management Plan to address regional traffic and the over- crowding of schools. a e December 15,1998 CITY COUNCIL Page 4 PUBLIC HEARING: 10. AB #14,985 - EIR 90-06KT 90-03/HDP 90-11PUD 90-04/SUP 90-04 - SHELLEY TRACT MAP. Planning Director Michael Holzmiller distributed an information sheet containing the history of this property in relation to the school issue. He stated the City has done as much as it can do and still remain within the intent of the law with regard to school fees. City Attorney, Ron Ball, explained the impact of Proposition 1-A, recently approved by the voters on November 4, 1998. He stated it basically places public education financing into the hands of the State and school districts until the year 2006. That means cities are excluded from dealing with the issue and school districts are responsible for setting their own fees. However, according to the City’s Growth Management Plan, if the School District does not issue a letter of adequacy, the City would not issue a permit to the developer. Mayor Lewis opened the Public Hearing at 7:Ol p.m. Doug DuVore, Superintendent of the Encinitas Union School District, spoke regarding the impact of the Shelley Project on the school district and the new complexities of funding the districts as further impacted by the passage of Proposition 1-A. Mr. DuVore also spoke of the District’s Master Facilities Plan. Mr. DeVore stated that the Encinitas School Board would welcome the opportunity to speak with the developer of this project. He requested a continuance of the item to allow the District an opportunity to work with their constituents and parents. Carol Skilgin, Encinitas School Board Member, stated that she cannot speak for the Board because they have not had an opportunity to meet and come to any decisions. Representing the applicant, Dan Shelley, was Mark Campbell a registered Professional Engineer with Project Design Consultants, 701 E. Street, San Diego, Mr. Campbell spoke regarding the school fees already paid by the applicant. He also addressed the subject of road improvements required by the City of Carlsbad. He urged Council to approve this application. Applicant, Dan Shelley, P.O. Box 230985, Encinitas, stated this project has been in process for at least 5 years and he would like to see it continue without further delays. Chuck DuVivier, 11 82 Rancho Encinitas Drive, Encinitas, stated he is Dan Shelley’s nephew and works with Mr. Shelley. He further stated that Mr. Shelley worked with the Encinitas School District to produce the Pioneer Elementary School, and he urged approval of the applications before Council. Chris Roman, 2424 La Plancha Lane, Carlsbad, read a prepared statement which was not submitted for the record. She suggested that to allow this project to go forward without all the answers regarding schools, would be irresponsible and the project should be delayed until there is some recourse to the state. She suggested the City revise it’s Growth Management Plan to deal with the lack of adequate school facilities. William Telesco, 3408 Camino Corte, Carlsbad, stated his concerns about traffic, circulation, and school problems that will be generated by this project. He urged Council to reduce the density of the project and delay the project until the schools and roads have been adequately dealt with. Jacquie Forrester, 576 Ninth Street, Olivenhain, stated her concerns regarding the over-crowding of the schools and the traffic impacts generated by the widening of the road and the additional homes proposed for this project. She urged Council to be sensitive to these problems and delay this project until Some of the road projects in Encinitas are completed. 0 0 December 15,1998 CITY COUNCIL Page 5 Bayardo Abaunza, 3452 Camino Corte, Carlsbad, voiced the same concerns as the previous speakers and asked that Council to be mindful of the problems facing the general public that will come from this project. Richard Jakalovic, 7026 Columbine Drive, Carlsbad, expressed the same concerns and suggested a moratorium should be put in place for all development, including this project, until the growth spurt has subsided. He stated that all of the projects in the recent past have yet to show they can provide adequate infrastructure for the community. He suggested that the current Master Plan and Growth Management Plan should be reconsidered and possibly amended. Tracy Michael, 2932 Via Emerado, Carlsbad, voiced her concerns regarding the generation of traffic from this project. She questioned the rate of growth as stated in the EIR. Nan Sterman, 205 Cole Ranch Road, Olivenhain, voiced her concerns for over-crowded schools, traffic, habitat, and open space. She urged Council to re-examine the schools issue and the traffic issues, in particular, before approving this project. Anne Herbert, 3304 Calle San Blas, Carlsbad, stated her main concern is quality of life. She suggested the Growth Management Plan should be re-visited to see if it is really matching the needs of today’s citizens. In response to a question from Member Nygaard, Ms. Herbert stated she would support taxpayer funded purchases of property to preserve open space and added that open space should be preserved in its natural state. Michelle Moes, 3306 Calle San Blas, Carlsbad, stated her concerns regarding traffic, schools, land values, and the general quality of life. She urged Council to postpone the approval of this project to allow previously approved projects to be completed before adding more congestion and chaos to the area. Geoffrey Baynes, 2152 13th Street, Olivenhain, stated that citizens want to see the preserved open spaces and it is not enough to know that there are other open spaces, miles away, that can’t be seen. He also expressed his concerns for over-crowded schools and traffic. He suggested that Council ask how much Mr. Shelley wants for his property and consider buying the property from him. Linda Scott, 3255 Avenida Anacapa, Carlsbad, stated she is directly impacted by this development and asked the developer to build only single-story homes on the street that abuts the adjacent housing development in an effort to preserve some of the quality of life currently enjoyed by the current residents. She also suggested that the builder commit more funds to help the schools deal with the influx of children from this project. Lester Bacon, 3253 Avenida Anacapa, Carlsbad, voiced his concerns regarding quality of life and the loss of open space and asked to have more habitat for the wildlife that lives in the area. Greg Landers, 3245 Avenida Anacapa, Carlsbad, suggested the density of this project be further reduced in an effort to reduce the impacts on the schools and on the traffic. Cathy Bohenko, 2258 Ninth Street, Olivenhain, stated that strategic planning doesn’t appear to be working or have worked and perhaps it should be looked at again. She also stated there should be more cooperation between all of the Cities in the area. Joel Eenois, 7973 Calle Madrid, Carlsbad, voiced his major concern for the school situation and the future impact from this project. He, too, urged single-story homes where the project abuts the Colina de Qro development. 0 0 December 15,1998 CITY COUNCIL Page 6 Jim Watson, I181 Avenida Esteban, Encinitas, stated his concerns for the quality of life, traffic, pollution, and safety issues on Rancho Santa Fe Road. He also stated his displeasure for the R.V. parking area, directly behind his home. Mary Beth Quick, 455 Cole Ranch Road, Olivenhain, asked what will happen to this project if the school districts say they cannot serve the children. Also, she asked what will happen if all of the surrounding schools are closed to new enrollment when this project is completed, and where do the mitigation fees go. She also asked if there are any other accesses to this project, other than Rancho Santa Fe Road. Ms. Quick further stated that this development appears to be extremely detrimental to the entire area. Mark Campbell, in response to some questions, stated this project is only the subdivision of land, and does not deal with the architecture of the homes. He also talked about the enhancement of the 2-acre wildlife corridor in the project as well as street improvements required of the developor. Christopher Neals, Attorney for Mr. Shelley, responded to questions and requested approval. Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 8:5 1 p.m. Council Members Kulchin and Nygaard expressed a desire for a 2-week continuance to allow the District time to meet with their constituents and the developer. Comments by other Council Members noted that a continuance would solve nothing, in that this is not an issue that Council can legally solve. Council Members did, however, indicate a desire for such issues to be discussed at future City/School Committee meetings. ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 98- 417, certifying an Environmental Impact Report, and a Statement of Overriding Considerations; approving Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program; and approving a Tentative Tract Map, a Hillside Development Permit, a Planned Development Permit, and a Special Use Permit for the Shelley Tract Map located east of Rancho Santa Fe Road and north of Calle Acervo in Local Facilities Management Zone 11. AYES: Lewis, Hall, Finnila, NOES: Nygaard, Kulchin RECESS: Mayor Lewis declared a recess at 9:29 p.m. Council reconvened at 9:35 p.m., with all Council Members present. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned to the meeting of the Carlsbad Municipal Water District Meeting at 9:35 p.m., and Council reconvened at 9:37 p.m., with all Council Members present. / I I I i I I I a a December 15,1998 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #14,970 - CONSULTANT AGREEMENT FOR THE PRELIMINARY FEASIBILITY STUDY OF AN URBAN INTERCHANGE AT THE PALOMAR AIRPORT ROAD AND EL CAMINO REAL INTERSECTION, PROJECT NO. 3594. ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 98- 403, approving an agreement with URS Greiner Woodward-Clyde, Inc. Pacific for the preliminary feasibility study of the Palomar Airport Road and El Camino Real intersection urban interchange and appropriating the funds. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None COUNCIL REPORT§ 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 December 15, 1998, was adjourned at 9:49 p.m. Respectfully submitted, dA!!&dk ALETHA L. RAUTENKRANZ City Clerk /