HomeMy WebLinkAbout2001-10-16; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: OCTOBER 16,200l
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Gary Harr offered the invocation and Council Member Hall led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, Minutes of the following meetings were unanimously
approved as presented, with Council Member Nygaard abstaining due to her absence on
September 18 and 25,200l.
Minutes of the Special Meeting of September 18, 2001.
Minutes of the Regular Meeting of September 18, 2001.
Minutes of the Special Meeting of September 25, 2001.
Minutes of the Special Meeting of September 25, 2001.
Minutes of the Regular Meeting of September 25, 2001.
PRESENTATIONS:
Mayor Lewis presented a plaque to Richard Cook, Public Works Manager, in recognition of his
retirement.
Candice Porter, representing the San Dieguito Alliance for Drug Free Youth, accepted a
proclamation from Mayor Lewis declaring October 20-28, 2001, “Red Ribbon Week”.
October 16,200 1 Carlsbad City Council Page 2
CONSENT CALENDAR:
Item No. 5 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the
Consent Calendar, Items #I through #6, with the exception of #5, as
follows:
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall,
None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #16,391- AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE RANCH0 SANTA
FE ROAD REALIGNMENT AND WIDENING PHASE 1 CLEARING - PROJECT NO. 3190.
Council adopted RESOLUTION NO. 2001-314, approving plans and specifications, and
authorizing the City Clerk to advertise for bids for the Ranch0 Santa Fe Road
Realignment and Widening, Phase I Clearing.
2. AB #16,392 -AMENDMENT TO AGREEMENT FOR MUNICIPAL FACILITIES STORM
WATER PROGRAM.
Council adopted RESOLUTION NO. 2001-315, approving Amendment No. 1 to the
agreement with AMEC Earth & Environmental for the Municipal Facilities Storm Water
Program.
3. AB #16,393 - DENIAL OF APPEAL - PIRINEOS POINTE - SDP 00-16.
Council adopted RESOLUTION NO. 2001-316, denying the appeal of a 16-unit project
(Pirineos Pointe) and ordering the appellant’s appeal fees refunded, and remanding the
project to the Planning Director.
4. AB #16,394 - AWARD OF CONTRACT FOR THE PRINTING OF THE 2002 “IT’S YOUR
CITY” CARLSBAD CALENDAR AND COMMUNITY GUIDE.
Council adopted RESOLUTION NO. 2001-317, accepting bids and awarding the contract
to Synergy Printing Services for the printing of the 2002 “It’s Your City” Carlsbad
Calendar and Community Guide.
5. AB #16,403 - DENIAL OF APPEAL - AT&T WIRELESS - CUP 00-36.
This item was pulled for discussion.
6. AB #16,402 -ADJUSTING THE AUTO ALLOWANCE OF THE CITY CLERK.
Council adopted RESOLUTION NO. 2001-320, adjusting the monthly auto allowance of
the City Clerk.
October 16,200l Carlsbad City Council Page 3
CONSENT CALENDAR ITEM REMOVED FOR DISCUSSION:
5. AB #16,403 - DENIAL OF APPEAL -AT&T WIRELESS - CUP 00-36
Robert Jystad, Cole, Raywid & Braverman, 2381 Rosecrans #I IO, El Segundo, legal
representative for AT&T Wireless, said that AT&T Wireless wishes to state for the record that
the Council vote on the Consent Calendar on October 9, 2001 was not a final decision and that
action on today’s agenda item would constitute final action for purposes of federal law. Mr.
Jystad said that AT&T Wireless was not subject to Council Policy 64, when AT&T applied for
installation at the requested site, nor when Council acted to deny the permit and to deny AT&T’s
appeal. Mr. Jystad said that contrary to Resolution No. 2001-309, CUP 00-36 was not on the
agenda for September 11, 2001. Mr. Jystad also said that contrary to Resolution No. 2001-309,
Council heard testimony that the chimney and garage addition were not clearly visible and that
AT&T Wireless agreed to place trees around the garage in order to mitigate any visual impact to
the neighbor. Mr. Jystad said that contrary to Resolution No. 2001-309, the city has not acted
in the manner prescribed by the city’s code in its decision to deny CUP 00-36. Mr. Jystad said
that any court order to issue CUP 00-36 should be inclusive of any environmental review that
has already taken place at the city level.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO.
200-309, denying without prejudice the appeal of AT&T Wireless for a cellular
communications facility on residential property located at 7512 Cadencia Street in
Local Facilities Management Zone 6.
AYES:
NOES:
Lewis, Kulchin and Hall.
Finnila and Nygaard.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be
participating in the following events:
Wednesday, October 17,200l - 11 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center, Room 173A
Carlsbad, California
Wednesday, October 17,200l - 3 p.m.
Calavera Hills School Roof Raiser Event
4100 Tamarack Avenue
Carlsbad, California
Thursday, October 18, 2001 - 6 p.m.
League of California Cities General Membership meeting
LEGOLAND
One LEGOLAND Drive
Carlsbad, California
October 16, 200 1 Carlsbad City Council Page 4
ANNOUNCEMENTS (continued)
Monday, October 22, 2001 - 7:30 a.m.
Red Ribbon Week Kick-Off Event
Carlsbad High School
3557 Monroe
Carlsbad, California
ADOPTION OF ORDINANCES:
7. AB #16,401 - GPA Ol-Ol/ZCA 01-03 LIVABLE STREETS.
ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-
602, amending Title 21, Sections 21.04.210, 21.04.355, 21.09.160, and 21.37.100
to modify regulations related to street widths; and,
Council adopted ORDINANCE NO. NS-603 amending Title 11, Section 11.04.010
and Title 20, Section 20.16.040(3) to modify regulations related to residential
streets; and,
Council adopted RESOLUTION NO. 2001-312, adopting a negative declaration to
amend the General Plan and the Zoning Ordinance to address the design of
residential street; and,
Council adopted RESOLUTION NO. 2001-319, approving amendments to the
land use and circulation elements of the General Plan to incorporate the concept
of livable designs of residential streets.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
8. AB #16,395 - ESTABLISHING THREE-HOUR PARKING TIME LIMIT ON STATE STREET.
ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-
584 amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code by the
revision of Section 10.40.158 to establish a three-hour parking time limit on State
Street from Beech Avenue to Carlsbad Boulevard
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
October 16,200l Carlsbad City Council Page 5
9. AB #16,396 -ADJUSTING THE COMPENSATION OF THE CITY CLERK.
ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-
600, amending Section 2.08.030 of the Carlsbad Municipal Code to adjust the
compensation of the City Clerk.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
10. AB #16,397 -ADJUSTING THE COMPENSATION OF THE CITY TREASURER.
ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-
601, amending Section 2.08.020 of the Carlsbad Municipal Code to adjust the
compensation of the City Treasurer.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
PUBLIC COMMENT:
Renee Glotzbach, 1877 Matin Circle, San Marcos, representing Stand For Children, asked that
alcohol be prohibited in city parks. She spoke of the importance of prohibiting alcohol at
Oktoberfest celebrations.
PUBLIC HEARING:
11. AB #16,400 - EIR 98-07/GPA 98-Ol/MP 149 (Q)/MP 98-Ol/LFMP 1 O/LFMP 11 (BYCT 99-03/HDP
99-Ol/CT 99-04/PUD Ol-08/HDP 99-02 VILLAGES OF LA COSTA.
Citing a potential conflict of interest, Council Member Kulchin left the dais at 6:33 p.m.
Don Neu, Principal Planner and Clyde Wickham, Associate Engineer, presented the staff
report.
Mr. Neu referred to his and Mr. Wickham’s memo to Council dated October 16, 2001 and asked
that it be entered into the record. Mr. Neu said that the memo adds language to Resolution No.
2001-318, Item No. 2A and Item No. IO, regarding mitigation measures for Archaeological Sites
11569 and 11570. (This memo is on file in the City Clerk’s Office.)
The Mayor opened the duly noticed public hearing at 6:54 p.m. and asked if anyone wished to
speak on this matter.
Fred Arbuckle, President of Morrow Development, 1903 Wright Place, Suite 180, spoke in
support of the project. He made a Power Point presentation, on file in the Office of the City
Clerk, describing their comprehensive planning process over a 12-year period.
David Ricker, 4009 Canario, project manager for Community Housing of North County, spoke in
support of the project.
October 16,200l Carlsbad City Council Page 6
Everett Delano, 220 West Grand Avenue, Escondido, said he is the legal representative for
Canyons Network, Sierra Club, Center for Biological Diversity and the San Diego Bay Keeper.
Mr. Delano spoke against the project and referred to his correspondence dated October 16,
2001 (on file in the Office of the City Clerk), stating inadequacies in the Environmental Impact
Report.
Rick Sayen, 7720 Canlina Way, spoke against this project. He expressed concern for negative
environmental impacts from this project and he asked Council to deny the project.
Suzie Hiltscher, 6480 Goldenbush Drive, said there is a need for additional housing in Carlsbad
and spoke in support of the project.
Laura Murany, 6765 Xana Way, asked Council to review the density on this project because
she felt it was excessive.
John Waterstradt, 7312 Muslo Lane, spoke in support of the project. He said the developer has
addressed the mitigation issues. Mr. Waterstradt asked Council to stipulate that the proposed
trail system have a barrier to prevent bikes and skateboards from using the trail. Mr.
Waterstradt asked Council to consider the impact to the neighborhood with the realignment of
Ranch0 Sante Fe Road, if the Villages of La Costa project is not approved.
Arnold Roe, Ph.D., 3210 Piragua Street, retired engineering professor, said an excessive
amount of dirt is being moved on this project and referred to Page 25 of the Environmental
Impact Report. He said that Box Canyon should be fenced.
Rosemary Stabrawa, 4010 Baldwin Lane, spoke in support of the project and said it will provide
needed affordable housing.
Freda Ramey, 3085 Corte Trabuco, spoke in support of this project and said it will provide
needed affordable housing.
Bruce Wilson, 1130 Nicki Lynn Place, spoke against this project and said it will add traffic to an
already congested Interstate 5. He said that the growth management plan is not being applied
to this project.
Council Member Finnila explained that the growth management plan is focused on local streets
and roads within the Carlsbad City limits.
Allan Recce, 7442 Trigo Lane, said he is representing residents along Ranch0 Santa Fe Road n
favor of the road’s realignment. Mr. Recce expressed appreciation to staff for incorporating the
residents’ recommendations in the project.
Dr. Julie Bleha, 1971 Willow Street, San Diego, a former resident of Carlsbad, spoke against
the project because of air and noise pollution and traffic. She stated the area can not
accommodate thousands of people.
October 16,200 1 Carlsbad City Council Page 7
Dr. Howard Krausz, 3211 Fosca Street, Carlsbad, said the EIR has not addressed traffic issues
associated with this project, Dr. Krausz said this project would add traffic to an existing
congested area.
Council Member Finnila noted that maps are displayed in the back of the Council Chambers
showing build-out and future roads in the year 2020.
Bob Wells, 3556 Sitio Baya, asked Council to deny this project. He said that after the extension
of La Costa Avenue, his backyard will be next to the road. Mr. Wells expressed concern that
this project will increase traffic that asked if water and other utilities would be available for this
project.
Jan Sobel, Chief Executive Officer, Carlsbad Chamber of Commerce, 5620 Paseo Del Norte,
#128, spoke in support of the project. She said that the Chamber of Commerce unanimously
supports this project. She stated that the project will improve traffic circulation, offers seven
miles of trails and will offer affordable housing.
Patricia Bleha, 3209 Fosca Street, spoke against this project She said that development,
which impacts existing residents’ quality of life, should not be approved. Ms. Bleha said that
open space is needed, and this project should be denied. She suggested that City’s
development standards be reviewed.
Bob Simek, 3555 Sitio Baya, spoke against this project and said this project will add traffic and
noise to the neighborhood. He expressed concern that Ranch0 Sante Fe Road would be
moved closer to his home and that La Costa Avenue would be increased in height by 40 feet,
as a result of this project. Mr. Simek said this project would negatively impact his quality of life.
Kim Hunter, 20032 Questhaven Road, Escondido, reviewed her written comments dated
October 16, 2001 (on file in the Office of the City Clerk). She said that the scope of the EIR is
flawed and the EIR is inadequate. She expressed concern that the traffic study does not
address the area to the east of Elfin Forest. Ms. Hunter said she felt that the SANDAG’s 2020
report had been manipulated to benefit this project. Ms. Hunter asked Council to deny the
project.
Seth Schulberg, President of the Batiquitos Lagoon Foundation, and a resident of Carlsbad,
said this project will preserve land for wildlife and will create linked wildlife corridors. He said
the Foundation supports the project and looks forward to managing the open space.
Evelyn Alemanni, 20652 Elfin Forest Road, Escondido, representing the Elfin Forest/Harmony
Grove Town Council, said the EIR should have been placed on a CD to make it more
accessible to the public. She said that residents of Elfin Forest and Harmony Grove did not
receive notice of the public hearing when the Planning Commission considered Villages of La
Costa. She said the amount of open space proposed in this project is insignificant compared to
the project’s impact. Ms. Alemanni expressed concern that the EIR did not analyze Harmony
Grove and she expressed concern that this project will generate traffic onto Elfin Forest Road.
Ms. Alemanni said that the project’s impact will extend beyond Carlsbad City limits and impacts
to all areas should be mitigated.
October 16,200 1 Carlsbad City Council Page 8
Andrew Chapman, 2360 Hosp Way, said that Ranch0 Sante Fe Road will need an underpass to
support the wildlife corridor. Otherwise, wildlife will need to cross Ranch0 Sante Fe Road. He
suggested that the EIR be placed on the website as a PDF file. Mr. Chapman said he is a
member of Canyons Network and expressed frustration that they have been repeatedly denied
the opportunity to make the same type of lengthy presentation as staff or the developer. Mr.
Chapman said many people oppose this project because they want fewer homes and more
open space.
Cathy Scholl, 2716 Socorro Lane, spoke against the project. She said this project does not
have any contiguous open space or wildlife corridor. She stated that Ranch0 Sante Fe and
Scot&dale, Arizona are examples of communities buying land for open space.
Council Member Finnila noted that this proposed project has been reviewed by the Fish &
Game and Fish & Wildlife Agencies. These two agencies have not expressed any concerns.
Deirdre Daly, California Indian Legal Services, 609 S. Escondido Boulevard, Escondido, said
she was representing the San Luis Rey Mission Indian Band. She reviewed her
correspondence dated October 15, 2001 and faxed to the City Council (on file in the Office of
the City Clerk). She asked that the conditions in her correspondence regarding cultural
resources protection be included in the project’s final approval.
Mark Majado, P.O. Box I, Pala, representing the San Luis Rey Mission Indian Band, expressed
concern that this project is the location of sacred sites. He said that the project should be
conditioned to have Native American Monitors on the project.
Al Cetta, 1434 Clarence Drive, Vista, Board Member of the San Luis Rey Mission Indian Band,
explained that in order to discourage souvenir hunters, the San Luis Rey Mission Indian Band
prefers not to identify sacred sites. Mr. Certa asked that staff continue communications with
their Band.
Frances Ryglewicz, 7700 Cotte Promenade, expressed concern for the negative impact this
project would have on her quality of life. She spoke against the project. She said that if this
project is approved, it should not be Master Planned and should be considered in smaller
projects. She said she would like to see detailed plans for each area of the project. Ms.
Ryglewicz expressed concern that although land is being retained as open space, the public will
not be able to access the open space.
Council Member Hall explained the importance of having a Master Plan. He said if this project
is approved, there will be many opportunities for public input on various elements of the project
and it will take 10 years to build-out.
Dan Ryan, 3521 Sitio Baya, said he purchased his home in 1987 and was aware at that time
that development would occur on this project’s site. He noted this project has been in the works
for many years and no one should be surprised by development in the area. Mr. Ryan said he
believes that the amount of open space, as proposed on the proposed project, is adequate. Mr.
Ryan noted that Avenida Dehista is a very steep hill and he said the neighbors would like to
restrict that street’s use to only vehicles going up the hill (ingress).
October 16,200 1 Carlsbad City Council Page 9
Richard Bray, 7812 Estancia, said he felt that the EIR is inadequate and does not represent
acceptable science. He questioned the definitions of “significance” and “non-significance” in the
report. He also expressed concern that the Willow trees in La Costa Valley are dead.
Errol Inan, 1403 Walnut Creek Drive, Encinitas, said Council should deny this project.
Pat Brady, 3454 Camino Michelle, spoke against the project. She said this project should not
be built and the open space should be preserved.
Sue Reynolds, Executive Director of Community Housing of North County, spoke in support of
the project because of its contribution to affordable housing. She said this project provides a
balance of housing units.
James Maxwell, 3148 Arroyo Vista, said this project would add to the existing traffic congestion.
He said this project should be denied to preserve the existing residents’ quality of life.
David Poole, 12865 Pointe Del Mar, Del Mar, said he was representing Brookfield Homes,
which owned the University Commons project in San Marcos, located immediately adjacent to
the project. He explained how representatives from Brookfield Homes, Mr. Arbuckle and staff
from the cities of Carlsbad and San Marcos have been working together to coordinate
roadways, traffic circulation and land use issues.
Lisa Cannon-Rodman, 3535 Simsbury Court, spoke in support of the project and said she feels
that the developer is being sensitive to the community. She said traffic will be impacted, but
traffic would continue to become worse even if this project is not built. Ms. Cannon-Rodman
said a staff and the Planning Commission have spent a lot of time on this project and she asked
Council to approve the project. She noted that a 50-meter swimming pool complex would be
part of this development, which is needed in the community.
Doug Whiting, 3205 Fosca Street, said this project would negatively impact existing residents’
quality of life. He said a majority of people in Carlsbad do not support this project. Mr. Whiting
said that Council should make an overriding consideration and deny this project.
Kim Post, 3484 Sitio Baya, said Avenida Dehista is a very steep hill and should not be
connected to the existing street. He said that the Villages of La Costa project would increase
traffic on Avenida Dehista. He expressed concern that his neighborhood will be used as a
shortcut to La Costa High School and Stage Coach Park.
Richard Tallman, a resident on Socorro Lane, spoke against this project and said the density
should be decreased.
Bob Sukup, 4322 Seabright, said he supports this project and said it is a good compromise. Mr
Sukup said his quality of life would not be negatively impacted as a result of The Villages of La
Costa.
Patsy Fritz, 33265 Mill Creek Road, Pauma Valley, spoke of the importance of open space
having connectivity. She expressed concern for the increased traffic this project would create.
Ms. Fritz also expressed concern that the EIR did not adequately study the unincorporated
October 16,200 1 Carlsbad City Council Page 10
areas that would be impacted by The Villages of La Costa. She said that the project should be
conditioned to have Native American Monitors on the project.
Seeing no one else wishing to speak, the Mayor closed the public hearing at IO:00 p.m.
Council concurred to continue this agenda item to October 23, 2001, noting that the public
testimony portion of the agenda item has been closed.
RECESS
Mayor Lewis declared a recess at IO:01 p.m. Council reconvened at IO:17 p.m. with all
members present.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of October 16, 2001 was adjourned at IO:18 p.m.
Respectfully submitted,
‘%RRAll$E M. WOOD
City Cl&
Janice Breitenfeld
Deputy City Clerk