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HomeMy WebLinkAbout1999-04-27; City Council; Minutes (2). \ 0 -- 0 MINUTES MEETING OF : CITY COUNCIL DATE OF MEETING: April 27,1999 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard and Kulchin Absent: None. APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Lewis presented a Proclamation to Police Sargent Kelly Cain designating May, 1999, as “Stop for Red Lights Month”. Mayor Lewis presented a Proclamation to Kevin Radcliffe of the Carlsbad Optimist Club designating the week of May 2-9, 1999, as “Respect for Law Week”. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Cherrytree Walk Development Grand Opening, Thursday, April 29, 1999, at 12 noon, at,the corner of Plumtree and Aviara Parkway. Outstanding Educational Program Awards Dinner, Thursday, April 29, 1999, at 5:00 p.m., La Costa Resort, 2 100 Costa Del Mar Road. CONSENT CALENDAR: Item #l was removed from the Consent Calendar, and Item #2 was withdrawn and returned to staff. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB # 15.157 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 1999 PAVEMENT OVERLAY PROJECT. This item was removed from the Consent Calendar. April 27,1999 CITY COUNCIL Page 2 2. Al3 #15.158 - APPROVAL OF AGREEMENT WITH THE SAN DIEGO GAS & ELECTRIC TO RELOCATE TRANSMISSION LINES WITHIN THE CANNON ROAD WEST RIGHT-OF-WAY. This item was withdrawn and returned to staff. ITEM REMOVED FROM THE CONSENT CALENDAR: 97 1. AB # 15.157 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 1999 PAVEMENT OVERLAY PROJECT. Mayor Pro Tern Hall asked if the overlay of Palomar Airport Road could be performed after hours, thereby alleviating the impact on traffic. Lloyd Hubbs, Director of Public Works, replied that the work was to be performed during off peak hours but to overlay at night would raise the price of work; however he would look into the matter. ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 143, approving the plans and specifications, and authorizing the City Clerk to advertise for bids for the 1999 Pavement Overlay, Project No. 3667-2. AYES: NOES: Lewis, Hall, Fir&la, Nygaard, Kulchin None. PUBLIC COMMENT: Michael Fararr, 4747 Marina Drive #6, owner of the Palomar Aviara Transportation, Inc., The PAL Shuttle and Trolley, described the transportation services his firm is providing and will provide to the area. Mr. Fararr reported that his shuttle transports people seven days a week from the Oceanside Transit Center to the Carlsbad Village and to Legoland, and that on weekends service is also provided to La Costa and Aviara, stopping at four hotels and the flower fields. He asked for a subsidy of $350,000 per year to support operation costs. He distributed a copy of a memo explaining his request, a copy of which is on file in the City Clerk’s Office. Council referred this matter to staff. PUBLIC HEARINGS: 43 3. AB #15,159 - CONDITIONAL USE PERMIT NO. 98-12 AND COASTAL DEVELOPMENT PERMIT NO. 98-56. COSTCO WHOLESALE MONUMENT SIGN. Mayor Lewis opened the duly noticed Public Hearing at 6:26 p.m. Seeing no one wishing to testify, Mayor Lewis closed Public Hearing at 6:26 p.m. ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 145, approving an application for a Conditional Use Permit and Coastal Development permit, to allow the installation of a second Costco Wholesale monument sign located at 95 1 Palomar Airport Road in the C-2-Q and Carlsbad Ranch Overlay Zones. AYES: NOES: Lewis, Hall, Finnila, Nygaard, Kulchin None. April 27,1999 CITY COUNCIL Page 3 ADJOURNMXNT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned the Carlsbad Municipal Water District Meeting at 6:27 p.m. and Council reconvened at 6:41p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 97 4. AH #15,160 - CONSTRUCTION OF FARADAY EXTENSION, GRADING AND DRAINAGE IMPROVEMENTS. ACTION: On a motion by Mayor Pro Tern Matt Hall, Council adopted RESOLUTION NO. 99-146, accepting bids, and awarding the contract for the construction of the Faraday Avenue extension rough grading and drainage improvements, Project No. 3593 to W. R. Connelly, Inc. AYES: NOES: Lewis, Hall, Finnila, Nygaard, Kulchin None. 77 97 5. AB #15,14 1 - GROWTH MANAGEMENT CIRCULATION DEFICIENCIES, MITIGATION PROGRAM FOR THE INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL, AND ADOPTION OF AN URGENCY ORDINANCE. Marty Orenyak, Community Development Director, introduced the item stating that at the April 13, 1999 meeting, Council raised some questions and requested further information from staff. He gave an overview of those questions, and staffs responses, as follows, and noted that each issue would be explained in detail: Question: Answer: Were the proposed intersection imporvements at Palomar Airport Road and El Camino Real required as part of the overall build-out needs of the City? Yes, they are required at build-out. Question: Answer: Can an estimate be made of the average daily trip (ADT) fees that would be spread to development impacting the intersection? Staff now has an estimate. Question: Answer: Staff was directed to meet with businesses and the development community to assess the financial and construction status of the east/west corridors; specifically Faraday, Melrose and Poinsettia. Staff has conducted meetings with property owners and will provide the information. Lloyd Hubbs, Director of Public Works, stated that staffs study has shown that the proposed right turn lanes will be required at the intersection of Palomar Airport Road and El Camino Real at the build-out of the city. Therefore, the city is not faced with a waiver on it’s policy concerning overbuilding improvements. As a result, the previously presented Alternative No. 2, which would declare a moratorium only within zones 5 and 17 and require a further study to identify other affected zones, is no longer a valid alternative. Alternative No. 1, which would declare a moratorium within Zones 5, 10, 15, 16, 17, 18,20, and 2 1, would be the appropriate way to proceed. With regard to the proposed fee per ADT, Mr. Hubbs stated staff estimated the fee of $10 per ADT, and that amount would be written into the proposed Agreement for the Payment of a Local Facilities Management Zone Transportation Fee. Anyone choosing to move forward could then sign the agreement and pay that fee. April 27,1999 CITY COUNCIL Page 4 Dave Hauser, Assistant City Engineer, discussed the east/west arterial linkages, giving locations of the work and timelines for start and completion. There are four projects along Palomar and El Camino Real, including Melrose, that are currently under construction, as well as work on Faraday, Poinsettia, Cannon, and Ranch0 Santa Fe Roads. In response to Council inquiry, Jim Elliott, Director of Administrative Services, explained how funds are guaranteed for building roads when we need them. Bonds, Letters of Credit, Assessment Districts, and cash deposits have been used in the past, and developer funded construction (with reimbursement from fee programs). In addition to these funding methods, Mello Roos Districts have been used. Bob Shipley, 864 Windridge, San Marcos, owner of a law firm at 2141 Palomar Airport Road #350, representing the Chamber of Commerce, read a letter dated April 22, 1999, from Jan Sobel, Chief Executive Officer of the Chamber of Commerce, in opposition to the moratorium. (This letter is on file in the Office of the City Clerk.) He emphasized that the Chamber supports the Growth Management Plan and maintaining the quality of life in Car&bad. He encouraged Council to continue exploration of regional solutions to the circulation problems. He stated that the Chamber’s newly formed Transportation Task Force will look at working with businesses to start ride sharing, vanpooling, alternate work schedules and public transportation. He encouraged the City to support these business efforts with financial incentives. Dan Downing, 2470 Faraday Avenue, Plant Manager for Beckman Coulter, Inc., explained that currently Beckman is phasing out old products and developing new ones. He stated that they are in a construction phase, modifying labs, and have a tight timeline. He emphasized that a 45-day delay would be disastrous. He asked that Beckman be allowed to complete the project on time. Paul Holling, 24341 Goldrush Ridge, Laguna Nigel, Director of Asset Management, Pacifica Enterprises, 12780 Highbluff Drive, Suite 160, San Diego, stated that his firm owns a 7.5 acre parcel at the southeast comer of Palomar Airport Road and Aviara Parkway. He stated that his firm already has a special assessment of $40,000 for the widening of that road and asked that Council not impose a moratorium. He stated that he had sent a letter to the Mayor dated April 27, 1999. (A copy of this letter is on file in the Office of the City Clerk.) Jerry Livingston, 6336 Greenwood Drive, Suite A, San Diego, representing the Building Industry Association, stated the Building Industry Association is willing to assist lobbying efforts with SANDAG and State and Federal agencies to obtain regional funding for this intersection. He also asked that a firm ten-dollar cap be written into the agreement with the City, and that the City look at what share they should be paying for the intersection fix. In addition, he requested Council to direct staff to aggressively seek Federal and State funding to ensure construction of parallel roads. Fred Arbuckle, Piragua Street, representing the majority of the owners of properties in Zone 10, discussed the work done by five property owners in the Palomar Airport Road vicinity. They have met individually, in groups and with staff working to provide financial assurance for the roadway constructions of Melrose, Poinsettia and Faraday. Mr. Arbuckle indicated that a letter, detailing this work has been written. (This letter is available in the Office of the City Clerk.) He stated that his group will immediately begin improvement plans for the Melrose, Poinsettia and Faraday roadways, and that they will provide for construction of these roadways with Phase I of their individual developments. In addition, he stated that his group will provide financial assurance and rights of way for the City, so that the roads may be constructed, even in the event that they do not proceed with their developments and after development entitlements. He asked that Council accept Alternative #l and asked that his group be allowed to work with staff for the next 90 to 120 days on planning assurance for the roadways. April 27,1999 CITY COUNCIL Page 5 Ted Tchang, 3575 Kenyon St., San Diego, representing Techbilt Companies, Carlsbad Oaks North properties, stated his firm is a member of Fred Arbuckle’s group of five (Kenar, Professor’s Equity, Raceway Partners and Villages of La Costa). He stated that staff was looking for financial guarantees to accelerate the road construction much earlier in developmental timelines than is customary. He explained that those guarantees are tied to the economic viability of their projects, and he asked for support in negotiations concerning the Habitat Management Plan. Paula Baxter Atkins, 5935 Darwin Court, representing Immune Response Corporation stated that Immune Response has plans to add two buildings to their campus as well as for leasing one additional building. She asked that Council consider the needs and successes of Carlsbad businesses as well as managing growth. Mitch Ritschel, 5900 La Place Court, representing Spieker Properties, asked that the basis and scope of the fee be clearly defined as well as the cost of the improvements. He stated that he does not want to see a repeat of the Cannon Road east expansion where fees were increased three times. He stated he somewhat reluctantly supports Alternative #l . Ron Ball, City Attorney, referenced his memorandum dated April 27, 1999, with recommended amendments to the ordinance. ACTION: On a motion by Mayor Pro Tern Matt Hall, Council adopted RESOLUTION NO. 99-130, finding a deficiency to exist, adopting a Mitigation Program for the Growth Management Performance Standards for Circulation, and appropriating the funds for the mitigation; and, adopted Urgency ORDINANCE NO. NS-473, adopting a moratorium as an emergency measure prohibiting the processing or approval of any building permit or other development applications or approvals in Local Facilities Management Zones 5, 10, 15, 16, 17, 18,20 and 21 with the following changes recommended by the City Attorney: 1. Delete the phrase “processing or” and substitute the word “permits” for “applications” in the title of Ordinance NS-473. 2. Delete the phrase “more than” and insert “or more” on line 26 of the proposed Ordinance. 3. Add a recital to the ordinance as follows: “Alternatively, the City Council adopts this urgency measure pursuant to Government Code sections 36934 and 36937 for the immediate preservation of the public peace, health or safety based on the facts as set forth in the recitals to this ordinance and the facts contained in Agenda Bill No. 15,141 and the facts as elicited at the public hearings of April 13, 1999 and April 27, 1999.” 4. Change Section 2 to read: “No building permit or other development permit for a project which adds traffic to this intersection shall be issue within Zones 5, 10, 15, 16, 17, 18,20 and 21. 5. Add Section 5 to the Ordinance as follows: “The City Council may amend this ordinance from time to time if it finds there are changed circumstances in the facts that led to its adoption.” April 27,1999 CITY COUNCIL Page 6 6. Change the phrase “not to exceed” to “estimated at” and add the phrase “and April 27, 1999” to the Agreement attached as Exhibit A to the proposed Ordinance. 7. Setting the transportation facilities fees in an amount estimated at $10 per ADT. AYES: NOES: Lewis, Hall, Finnila, Nygaard, Kulchin None. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of April 27,1999 was adjourned at 8:14 p.m. Respectfully submitted, ALETHA L. RAUTENKRANZ City Clerk Lorraine M. Wood Deputy City Clerk