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HomeMy WebLinkAbout2000-05-02; City Council; Minutes (3)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 2,200O 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: Absent: Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard, and Kulchin None. INVOCATION: Mayor Lewis led the invocation. PLEDGE OF ALLEGIANCE: Council Member Finnila led the flag salute. APPROVAL OF MINUTES On a motion by Mayor Pro Tern Hall Minutes of the following meetings were unanimously, with Council Member Nygaard abstaining from approval of the April 1 lth minutes due to her absence, approved as presented: Minutes of the Special Meeting held April 11, 2000 Minutes of the Regular Meeting held April 11, 2000 Minutes of the Special Meeting held April 18, 2000 Minutes of the Joint Special Meeting held April 18, 2000 Minutes of the Regular Meeting held April 18, 2000 Minutes of the Special Meeting held April 19, 2000 Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, May 4, 2000 at 1 I:45 a.m., National Day of Prayer Event, Carlsbad City Hall, 1200 Carlsbad Village Drive. May 2,200O Carlsbad City Council Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Item #I, as follows: AYES: NOES: Lewis, Hall, Finnila, Nygaard, Kulchin. None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 39 1. AB #I5715 REPORT ON CITY INVESTMENTS Accepting the report from the City Treasurer on the status of the City’s investment portfolio as of March 31, 2000. PUBLIC COMMENTS: None PUBLIC HEARING: 43 2. AB #I5716 - CUP 99-15/GDP 99-35 - CHEVRON POINSETTIA VILLAGE. Barbara Kennedy, Associate Planner, reviewed the staff report. She described concerns previously expressed by the neighbors and explained the noise mitigation. In response to Council, Ms. Kennedy said the Conditional Use Permit (CUP) will limit the hours of the car wash and explained how it will be enforced. Jeremy Riddle, Associated Engineer, explained that the car wash would use recycled water, which will eventually be discharged into the sewer. However, storm water will not be discharged into the sewer. In response to Mayor Pro Tern Hall, Ms. Kennedy referred to Page 69, of the staff report, Section 21, and noted that that “six gasoline pumps” is a typographical error. She noted that the approved Site Development Plan reflects eight gasoline pumps. She noted that in 1988, Council approved an amendment to the Zoning Code to allow car wash facilities, with a CUP, in the C-2-Q Zone. Ms. Kennedy displayed a map illustrating the various locations of gasoline facilities in the City and said that the proposed stop sign, associated with this project, is not within the public right-of-way. In response to Council, Ron Ball, City Attorney, explained that the California Vehicle Code contains procedures for enforcing a controlled intersection not located within the public right-of-way. He said that separate action would be required, which could be implemented by staff, upon Council’s direction. May 2,200O Carlsbad City Council Page 3 Mayor Pro Tern Hall expressed concern for the safety of pedestrians in the area. Council Member Nygaard asked if an east-west stop sign could be installed. Mr. Riddell said that issues such as cars stacking at the stop sign and impacts on the public streets would need to be investigated. Mayor Lewis opened the duly noticed public hearing at 6:30 p.m. and asked if anyone wished to speak concerning this matter. Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, representing the applicant, spoke in support of the project. He said they have met with the residents of Lakeshore Garden Mobile Home Park on three different occasions. Mr. Hofman said they would like to install a sidewalk on the other side of the street for pedestrians’ safety. He described the underground storage gasoline tank, noted there will not be a pole sign, and, stated that alcohol will not be sold on site. Mr. Hofman said the gas station hours would be from 6:00 a.m. to II:00 p.m. He said the car wash hours of operation are proposed to be from 7:00 a.m. to 7:00 p.m. Monday through Saturday and 7:00 a.m. to 6:00 p.m. on Sunday. He explained that the automatic car wash is an important element of the project. He also stated that this will be a state-of-the-art laser facility and the noise level will be less than that of a car wash using conventional brushes. Mr. Hofman said all concerns have been addressed and this project will be a convenience and benefit for the community. He asked Council to approve the project. Joseph Karocki, Western States Engineering and Chevron, 1150 North Richfield Road, Anaheim, responded to Council and said that in order to break even on this business operation, traffic of approximately 300-400 cars per day would be required at the gas station. In response to Council, Mr. Hofman said that the project would not be feasible without the car wash. Mr. Karocki concurred. Joan Surridge, 7255 San Luis, Lakeshore Garden Mobile Home Park, spoke against this project and said that a childcare center would be appropriate at this location. She said that the residents’ quality of life will be adversely affected by the proposed project and asked that the project be denied. Warren Lellback, 7019 San Bartolo, Lakeshore Garden Mobile Home Park, expressed concern that this project will generate too much traffic for the area. He suggested that it would be more appropriate in another location. He also expressed concern for the circulation element in the project. Bernard Ruhnke, 7107 San Bartolo, Lakeshore Garden Mobile Home Park, expressed opposition to the project citing traffic congestion and stated that other gas stations are within a one-mile radius of this location. Mr. Ruhnke expressed concern that the gas station and car was will be open 24-hours, once the business is opened. Donald Downs, 7203 San Luis, Lakeshore Garden Mobile Home Park, showed a short video (not on file in the City Clerk’s Office) of traffic and the need for a sidewalk at the project site. He expressed concern that if the car wash and gasoline businesses fail, the buildings will sit empty. Mr. Downs spoke in opposition to the project. , e May 2,200O Carlsbad City Council Page 4 Fred Bloss, 7216 San Benito, Lakeshore Garden Mobile Home Park, said the proposed site is not appropriate for the gas station and car wash. He said that the project would be better located at a corner location. Mr. Bloss expressed concern for pedestrian safety if this project is built at the proposed location. Arnold Gibbs, 7117 Santa Cruz, expressed concern for the efficiency of the vapor capturing devices, which will transfer gasoline fumes to underground storage tanks. He asked Council not to approve the project at the proposed location and suggested it be placed across the freeway. Carla Ostrowski, 7236 San Benito, Lakeshore Garden Mobile Home Park, said the residents do not want to live close to a gas station and convenience store and expressed concern for increased traffic. She said this project would be more appropriately located at the northwest corner on Avenida Encinas. Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, representing the applicant, said there is a need for a gas station in this part of the City. He noted that they are willing to install the sidewalk and said that the environmental concerns expressed by the residents in association with the gas station are unfounded. (Mr. Hofman noted that the video shown earlier, was taken on Sunday and the heavy traffic was a result of people driving to the church.) In response to the Mayor, Mr. Hofman said that the Chevron Station would be independently owned. Mayor Lewis said that the proposed hours of operation for the car wash (7:00 a.m. to 7:00 p.m. Monday through Saturday) are too extensive because of the noise. In response to Mayor Pro Tern Hall, Ms. Kennedy’described the architectural elements and landscaping of the project. She noted that the landscape buffer between the project and sidewalk would be approximately 50 feet wide. Ms. Kennedy also described the flow of traffic inside the project and noted that the circulation element would be reviewed annually. She said that upon Council direction, the noise element could also be reviewed annually. Council Member Kulchin suggested that the timing sequence be adjusted at the intersection near the proposed project, so that pedestrians may safely cross the street. All persons having been heard who wished to speak, the Mayor closed the public hearing at 7:36 p.m. Council Member Kulchin said she could not support this project and that her concerns were the same as those of the Lakeshore Garden Mobile Home Park neighbors. Council Member Nygaard spoke in support of an annual review of noise impacts on the project. She also spoke in support of police enforcement of the stop sign located within the project and the adjustment of the car wash hours to 9:00 a.m. through 5:00 p.m. Council Member Nygaard said a sidewalk on the north side is important as well as n n May 2,200O Carlsbad City Council Page 5 increased landscape for the project. She concurred with Council Member Kulchin that the timing sequence of the controlled intersection needs to be increased. Council Member Nygaard said if her concerns were addressed, she could support the project. Council Member Finnila gave a brief history of the site and said she agreed with Council Member Nygaard’s statements. She noted that upon completion of the project, the intersection would operate at a Level of Service “B”. Mayor Lewis said he felt there is a need for a gas station in this area of the City. However, he expressed concern for traffic circulation. He said that the car wash element should be removed in order to improve traffic circulation on-site. (Mayor Lewis made a motion to approve the project, with the elimination of the car wash. No second was offered; therefore, the motion died due to the lack of a second.) Mayor Lewis said he supported the concept of the project, but only if the car wash were eliminated. Mayor Pro Tern Hall said he could support the project with the following conditions: 1. No alcohol will be sold on the premises. 2. Carlsbad Police Officers would address enforcement of the stop sign on the property. 3. There shall be no automobile detailing on-site. 4. There shall be a sidewalk, with crosswalks and a landing, on the north side of the entrance to the shopping center. 5. There shall be a Circulation Plan to access the fuel pumps. 6. The car wash hours shall be 9:00 a.m. to 5:00 p.m., Monday through Sunday. 7. The timing sequence of the lights at the intersection of Avenida Encinas and Lakeshore Garden Mobile Home Park shall be reviewed. 8. There shall be an enhanced landscaping plan to screen the car wash and sound wall. 9. A noise analysis shall be done at the first annual review of the Conditional Use Permit. Ron Ball, City Attorney, recommended that if Council wishes to add these nine conditions to approval of the project, this agenda item be referred back to staff to prepare the necessary documents and then return to Council for approval. . May 2,200O Carlsbad City Council Page 6 ACTION: On a motion by Mayor Pro Tern Hall, Council referred this agenda item back to staff to incorporate the nine conditions described above. AYES: NOES: Hall, Finnila, Nygaard. Lewis and Kulchin. ADJOURNMENT TO MUNICIPAL WATER DISTRICT BOARD Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District Board at 8:Ol p.m. with President Lewis and all four Board Members present. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT AND CITY COUNCIL President Lewis adjourned to the Joint Special Meeting of the Municipal Water District and City Council at 8:02 p.m. with President/Mayor Lewis present and all four Board Members/Council Members present. ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION President/Mayor Lewis adjourned to the Special Meeting of the Housing and Redevelopment Commission at 8:03 p.m. with Chair Lewis and all four Commissioners present. ADJOURNMENT TO THE CONTINUATION OF THE GIN COUNCIL MEETING Chair Lewis adjourned to the continuation of the Regular Meeting of the City Council at 8:04 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 96 5. AB #15,718 - ESTABLISHMENT OF ALL-WAY STOP AT THE INTERSECTION OF PASEO ALISO AND CALLE BARCELONA. Bob Johnson, Deputy City Engineer, presented the staff report. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-540 amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the Addition of Section 10.28.570 Requiring Stops on Calle Barcelona at Paseo Aliso; and, l May 2,200O - Carlsbad City Council Page 7 Introduced ORDINANCE NO. NS-541 AMENDING title 10, Chapter 10.28 of the Carlsbad Municipal Code by the Addition of Section 10.28.580 requiring stops on Paseo Aliso at Calle Barcelona. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin. NOES: None. COUNCIL REPORTS AND COMMENTS: Council Member Kulchin announced that on Sunday, April 30th, she and Council Member Nygaard attended the Adult Learning Program Annual Dinner. Council Member Nygaard said that on Thursday, April 27’h, she and other Council Members attended the Chamber of Commerce’s Teacher Recognition Event. Council Member Finnila said applications for the Palomar Airport Roundtable applications are now available and are due on May 12’h. Council Member Finnila announced that the National Electrical Contractors and International Brotherhood of Electric Workers have joined to create a training center to provide a five year apprentice program for electrical and fiber optic training. Mayor Lewis said that Senator Peace made a presentation regarding the R.I.T.A. Bill at a recent San Diego Downtown Partnership Meeting. Mayor Lewis said he has asked staff to update Council on emergency water storage. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of May 2, 2000, was adjourned at 8:ll p.m. Respectfully submitted, City Clerk Janice Breitenfeld Deputy City Clerk