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HomeMy WebLinkAbout2002-01-15; City Council; MinutesMINUTES MEETING OF : CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: JANUARY 15,2002 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: Lewis, Kulchin, Finnila, Nygaard and Hall Absent: None. INVOCATION: Father Vern Walter offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Finnila led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Council Member Kulchin, Minutes of the following meetings were unanimously approved as presented (with Council Member Kulchin abstaining from the approval of the December 4, 2001 minutes due to her absence): Minutes of the Special Meeting of December 4,2001 Minutes of the Regular Meeting of December 4, 2001 Regular Meeting of December 11,2001 Joint Special Meeting of December 18, 2001 Regular Meeting of December 18,2001 Joint Special Meeting of December 18,2001 Special Meeting of December 19, 2001 CONSENT CALENDAR: Item No. 11 was pulled for discussion. ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #IO, as follows: B: Lewis, Kulchin, Finnila, Nygaard and Hall NOES: None. January 15,2002 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #16,508 -ACCEPTANCE AND APPROPRIATION OF FUNDS. Council adopted RESOLUTION NO. 2002-017, accepting funds from the Carlsbad Unified School District (CUSD) for the use of arts education and programming by the City. 2. AB #16.509 - REQUEST FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2002-018, approving out-of-state travel for a representative from Community Development to attend the National American Planning Association (APA) Conference in Chicago, Illinois. 3. AB #16.510 - SUMMARY STREET VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR RUSH ROSE STREET AND LEVANTE STREET STV 99-03lCT 92- 08/SDP 98-01. Council adopted RESOLUTION NO. 2002-019, summarily vacating an irrevocable offer of dedication for Rush Rose Street and Levante Street. west of El Camino Real and north of Calle Barcelona Street. 4. AB #16,511- SUMMARY STREET VACATION OF AN EASEMENT FOR ROAD PURPOSES AT 260 TAMARACK AVENUE STV 01-07/DWG 321-6. Council adopted RESOLUTION NO. 2002-020, summarily vacating an existing easement dedication for road purposed for a portion of Tamarack Avenue. east of Garfield Street. 5. AB #16.512 -TERMINATION OF THE CARLSBAD HOMEBUYER ASSISTANCE AND MODERATE INCOME LOAN PROGRAMS. Council adopted RESOLUTION N0.2002-021, approving the termination of the Carlsbad Homebuyer Assistance and Moderate Income Loan Programs, and authorizing reallocation of the balance of funds into the undesignaied fund balance of the Housing Trust Fund. 6. AB #16.513 -APPOINTMENTS TO COMMUNITY DEVELOPMENT BLOCK GRANT/HOME INVESTMENT PARTNERSHIP FUNDING ADVISORY COMMITTEE. Council adopted RESOLUTION NO. 2002-022, reaffirming two appointments, and appointing five members to the City’s Community Development Block GranVHOME Investment Partnership Funding Advisory Committee for Program Year 2002-2003. 7. AB #16,514 -AGREEMENT WITH SDG&E FOR THE RELOCATION OF GAS AND ELECTRIC FACILITIES FOR THE NEW PUBLIC WORKS CENTER AND APPROVAL OF A GRANT OF EASEMENT PROJECT NO. 3572. Council adopted RESOLUTION NO. 2002-023, approving an agreement with San Diego Gas & Electric (SDG&E) for the relocation of gas and electric facilities in existing Orion Way, and approving the associated Grant of Easement to SDG&E for construction of the Public Works Center. January 15,2002 Carlsbad City Council Meeting Page 3 8. AB #16,517 -AGREEMENT WITH MAG PROPERTIES FOR RELEASE OF OWNERSHIP OF REAL PROPERTY IN EXCHANGE FOR ROAD, SLOPE AND CONSTRUCTION EASEMENTS FOR RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING, PROJECT NO. 3190. Council adopted RESOLUTION NO. 2002-026, approving an agreement with MAG Properties for release of ownership of real property in exchange for dedication of road, slope and construction easements for Rancho Santa Fe Road Realignment and Widening, Phase 1, Project No. 3190. 9. AB #16.521 -ALLOCATION OF FUNDS FOR MAINTENANCE EXPENDITURES AT THE FARMERS INSURANCE PROPERTY. Council adopted RESOLUTION NO. 2002-029, allocating funds from the City Council’s Contingency Account to the Parks Maintenance Budget to offset maintenance expenditures at the recently acquired Farmers Insurance Property. 10. AB #16.520 -APPROVAL OF CALIFORNIA LIBRARY LITERACY SERVICE GRANT APPROPRIATION OF FUNDS, AND ALLOCATION OF ACCRUED INTEREST FROM ACCOUNT. THE 2000-2001 GRANT TO THE ADULT LEARNING PROGRAM’S GENERAL FUND Council adopted RESOLUTION NO. 2002-028, approving the acceptance of a California Library Literacy Service Grant, appropriating the funds to the Library grant account and allocating the accrued interest from the 2000-2001 grant to the Adult Learning Program’s general fund account. DISCUSSION OF CONSENT CALENDAR ITEM: 11. AB #16,522 - MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD FIREFIGHTERS’ ASSOCIATION (CFA). Mayor Lewis asked that this item be continued to January 22, 2002. ACTION: On a motion by Council Member Kulchin, Council continued this agenda item to January 22,2002. w: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. January 15,2002 Carlsbad City Council Meeting Page 4 ORDINANCES FOR ADOPTION 12. AB #16.518 -AMENDMENT OF ORDINANCE ADJUSTING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-615, increasing the compensation for the Mayor and Members of the City Council. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Wednesday, January 16,2002 - 11:OO a.m. Carlsbad City Council Study Session City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California Saturday, January 19, 2002 - 7:OO p.m. San Diego Marathon Celebration 7054 Leeward Street Carlsbad, California Sunday, January 20,2002 - 7:30 a.m. San Diego Marathon Plaza Camino Real 2526 El Camino Real Carlsbad, California PUBLIC COMMENTS: Jim Watson, PO Box 1426, talked about excessive in two specific locations in Carlsbad: in the Village and near the Carlsbad Research Industrial Park. Council referred his concerns to staff. PUBLIC HEARINGS: 13. AB #16.507 - CALAVERA HILLS PHASE II/B&TD #4 AND DETENTION BASINS BJ AND BJB: EIR 98-02/GPA 99-03/MP ISO(H)/LFMP 87-07(A)/ZC 01-011CT 00-02/HDP o0-02. January 15,2002 Carlsbad City Council Meeting Page 5 Eric Munoz, Senior Planner, reviewed a series of overheads (not on file in the City Clerk's Office) and reviewed the staff report. David Hauser, Deputy City Engineer, presented a background on the Bridge and Thoroughfare District #4 and reviewed overheads (not on file in the City Clerk's Office). Mr. Hauser also described Reach 3, Reach 4, and Reach 4A of Cannon Road. Mr. Hauser described the roads associated with this project and the estimated time when construction would begin. In response to Council Member Nygaard, Mr. Hauser explained why access to the school off of Cannon Road is more appropriate than taking access to the school off of College Avenue. He also explained that City staff would work with the school officials to identify appropriate locations for traffic control. Mr. Hauser said that Rancho Carlsbad Mobilehome Park residents had previously expressed concern for excess noise created by the project; and, accessibility to their storage area and community gardens. However, he said the developer had satisfactorily addressed these concerns. Mr. Hauser reviewed the errata sheet dated January 15,2002 (on file in the City Clerks Office), which would modify Resolution No. 2002-016, and said that conditions are included in the errata sheet that have been agreed upon between the Rancho Carlsbad Mobilehome Park residents and the developer regarding an enhanced sound wall; planting of additional trees; and an option agreement. Mr. Hauser said that other issues addressed in the errata sheet are noise, cumulative traffic and findings of fact that support the deferral of Reach 4B (Cannon Road). Mr. Hauser said that Reach 4A (Cannon Road) will be approved upon the adoption of Resolution No. 2002-016. Mr. Hauser stated that if Reach 4 is not constructed, the City will fail traffic standards at several intersections. Mr. Hauser described the locations of the detention basins and said that flooding will not be eliminated in the Rancho Carlsbad Mobilehome Park until all four detention basins are in place. In response to Council, Mr. Hauser said the Calavera Master Plan does not include any bridges. Lee Sherwood, representing Regional Environmental Consultants, 1927 Fifth Avenue, Suite 200, San Diego, reviewed the EIR and the mitigation requirements. He discussed the issues of land use, traffic circulation, biology and noise. Mr. Hauser said at this time there is not a need for a traffic signal at the intersection of Carlsbad Village Drive and Victoria. However, the need will be reviewed when Village H is brought forward for approval. Mr. Hauser noted that the Village H developer will be responsible for the cost of the traffic signal. In response to Council, Mr. Hauser discussed the average daily trips on College Avenue and Cannon Road. He said that College Avenue is designed for a 50 mile per hour speed limit. However, prior to the settin of a speed limit, a speed survey is required and the speed would be set within the 85 percentile. t5! In response to Council, Mr. Hauser said that Village E-I has a design element to provide a secondary access. January 15,2002 Carlsbad City Council Meeting Page 6 Mayor Lewis opened the duly notice public hearing at 726 p.m. and asked if anyone wished to speak on this matter in any way. Brian Milich, representing Corky McMillin Companies, 2727 Hoover Avenue, National City, said he was also representing their partner, Brookfield Homes. Mr. Milich spoke in support of their project and said that 60% of the final project will be permanent open space. He noted that they would also provide 35 acres off-site mitigation, per the requirements of the Fish &Wildlife Service. Mr. Milich said he is working with staff and the Fish &Wildlife Service to identify an appropriate site. Mr. Milich said that his firm and the residents of the Rancho Carlsbad Mobile Home Park (RCMHP) have reached an agreement, as previously discussed by staff. In response to staff, Mr. Milich said that they would give notification to potential homebuyers that Palomar Airport is in close proximity to the project. In response to Council, Mr. Milich explained that the project will not come close to meeting the allowable density. He said that the according to the Master Plan, 781 units will be built. In response to Council, Mr. Milich stated that the housing described will follow the livable community standards and the developers will post notice regarding the proximity of the airport. RECESS Mayor Lewis declared a recess at 7:45 p.m. Council reconvened at 752 p.m. with all Council Members present. PUBLIC HEARINGS: (continued] 13. AB #16,507 - CALAVERA HILLS PHASE II/B&TD #4 AND DETENTION BASINS BJ AND BJB; EIR 98-02/GPA 99-03/MP 150(H)/LFMP 87-O7(A)/ZC 01-011CT 00- 02/HDP 00-02. (Continuation of public testimony.) Terry Johnson, Mayor of Oceanside, spoke in support of the project and stated he looks forward to the removal of the barricade at College and Highway 78. Everett DeLano, 220 West Grand Avenue, Escondido, representing the Oceanside Hills Country Club Homeowners’ Association, said they agree with the Planning Commission that the barrier on Cannon Road, Reach 4B, should be removed from the EIR to allow for further study. Diane Nygaard, 5020 Nighthawk Way, representing Preserve Calaveras, spoke of the importance of preserving the Calaveras Hills Master Plan as open space. Ms. Nygaard said that they support the removal of Cannon Road, Reach 4B, from the EIR to allow for further study. Gigi Orlowski, 3729 Bennington Court, expressed concern that the wildlife corridor is fragmented and does not include under crossings for the animals. She said that the wildlife agencies have been lenient on this project‘s mitigation requirements because of the wildlife agencies’ prior commitment. She said this project is destroying vernal pools in Villages U January 15,2002 Carlsbad City Council Meeting Page 7 and W. Ms. Orlowski said that southern wildlife corridors in Villages U and W need to be considered. Jeremy Jerome, 3512 Hastings, said that development should not occur in Village H and that the proposed daycare center is incompatible with the surrounding habitat. He said that the property on Village H is currently a dog park and trail, which he felt is an adequate community facilities use. Heather Bost, 7126 Durango Circle, expressed concern that the EIR doesn’t adequately address the need for wildlife corridors. She said that animal under crossings are needed. Deb Schmidt, 1948 Willow Ridge Drive, Vista, representing the Sierra Club, expressed concern for the lack of an effective management for open space. She said a consistent monitoring plan with public accountability is needed. She stated that the habitat and wetlands need protection from the Cannon Road construction. Bill Arnold, representing the Rancho Carlsbad Homeowners Association, 5200 El Camino Real, expressed appreciation for the opportunity to work with the developer and staff. He spoke in support of the project. Russ Kohl, President, Rancho Carlsbad Homeowners Association, 5200 El Camino Real, expressed opposition to Cannon Road, Reach 1, and expressed concern for the bifurcation of their property with the eventual development of College Boulevard. He expressed appreciation for the opportunity to work with the developer and staff regarding their concerns. Sue Lofton, Loftin &Ward, Attorneys at Law, 4330 La Jolla Village Drive, Suite 330, San Diego, legal representative for the Rancho Carlsbad Homeowners Association, spoke in support of the project and the errata sheet. She expressed appreciation to the developer for their commitment and working with the Homeowners Association. A resident of Carlsbad, who lives at the Cape, spoke in support of this agenda item. Jan Sobel, Chief Executive Officer, Carlsbad Chamber of Commerce, 560 Paseo Del Norte, said that the Board of Directors supports this project. She stated that the attached housing included in the project is a benefit to the City. Tony Gullotta, 3744 Cavern Place, expressed concern for the opening of College Boulevard. He said the opening of College Boulevard would create an unsafe situation for children walking to school. He also said that sound wall should be built in Village T. He said that improvements to 1-5 and Highway 78 should be completed before the opening of College Boulevard. Mr. Gullotta said that city roads should not be used to reduce traffic on freeways and highways. John Burke, 5246 La Jolla Hermosa Avenue, La Jolla, Natural Resources Program Director for The Environmental Trust, spoke in support of this project and commended staff and the developer for retaining the large amount of open space. January 15,2002 Carlsbad City Council Meeting Page 8 Lisa Smith, 586 El Miraso, Vista, representing Barbara Smith, a resident of Rancho Carlsbad Mobilehome Park, expressed appreciation to the developer and staff for their efforts in addressing the Mobilehome Park residents' concerns. Ms. Smith said she had some concerns regarding the relocation of the amenities to the north, but anticipated the opportunity to continue meeting with the developer to resolve the concerns. Mark Mojado, P.O. Box I, Pala, representing the San Luis Rey Mission Indians, expressed appreciation to staff for addressing their concerns regarding cultural resources. Denise Douglas Baird, California Indian Legal Services, 609 South Escondido Boulevard, said she was also representing the San Luis Rey Mission Indians. She thanked staff for drafting a pre-excavation agreement. Ms. Douglas Baird asked that a pre-excavation agreement be required on this project and all future projects in Carlsbad. Tom Flanagan, 3331 Donna Drive, expressed appreciation to staff for their work on this project. He spoke in support of this project and said it will be beneficial to the community. Andrew Chapman, a resident of Hosp Way, said the dog park in Village H should remain in place. He said the proposed community facility is not needed. Mr. Chapman said that traffic on Highway 78 and El Camino Real will have a significant impact on this project and should be mitigated. Keith Hendrickson, 3745 Cavern Place, said he concurred with Mr. Gullotta's comments regarding the safety of the school children and College Boulevard. He also said that noise abatement is needed in Phase 1 of Calavera Hills. Mr. Hendrickson asked that the EIR not be approved until the developer receives the permits needed from the wildlife agencies. Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:47 pm In response to Council, Mr. Hauser said that staff is working the school district to identify safe pathways for children to walk to school. He said this is done on every project. Bob Johnson, Deputy City Engineer, explained where several signalized intersections would be located on College Boulevard. Mr. Johnson concurred that staff will be working with school officials regarding local traffic circulation in the school zones. When classes begin, signage and striping will have already been done. In addition, staff will be working with the police department and school officials regarding crossing conditions to ensure students' safety. In response to Council, Mr. Sherwood explained efforts to preserve wetlands on this project and he noted that the wildlife agencies have agreed with the proposed mitigation efforts. In response to Council, Mr. Munoz explained that building permits can be pulled for the first phase of the project, if the roadway work is simultaneously being done. He said that 250 homes can be built concurrently with the road. Council Member Kulchin read a portion of correspondence from Bob Richards, President, Agua Hedionda Lagoon Foundation, dated January 11, 2002 (on file in the City Clerk's Office), supporting the project. January 15,2002 Carlsbad City Council Meeting Page 9 Mayor Lewis presented a brief history of College Boulevard and Cannon Road. Council Member Nygaard noted that the property in Village H will not be graded and no changes will occur on the property until it is developed. Council Member Hall noted that this project includes 60% of open space, which exceeds the city’s standards. He spoke in support of the project and said he did not see the need to build a community facility in Village H. Council Member Hall said that Council should have the final approval of the type of community facility in Village H. Council Member Nygaard concurred. Council Member Nygaard stated that any development of Village “H” should be reviewed by the Council. Council Member Nygaard said she would not support gated communities in Calavera Hills. She said she was glad that there would be bus stops and shelters with the project. Council Member Nygaard said this is a quality project and she spoke in support. Council Member Finnila said that community facility is needed in this project and said she could support a day care facility or church in Village H. Mayor Lewis expressed appreciation to staff, the developer and the resident of the Rancho Carlsbad Mobile Home Association for their efforts. Council concurred to direct staff to amend the resolution so that Council would have final approval of the Village H community facility. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2002-016; and that the errata sheet for EIR 98-02 dated January 15, 2002 be incorporated into Resolution No. 2002-016; and, that language be included in Resolution No. 2002-016 stating that the City Council shall retain jurisdiction over uses proposed for Village H and shall act as the final decision maker on such uses following a recommendation from the Planning Commission; and, Council introduced ORDINANCE NO. NS-616, amending the Calavera Hills Master Plan to establish wildlife corridors, update the plan to current city standards, and allow for the build-out of Calavera Hills generally located south of the City of Oceanside and west of Lake Calavera; and Council introduced ORDINANCE NO. NS-617, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a zone change, ZC 01-01 from L-C to P-C on property generally located adjacent to the eastern perimeter of the Calavera Hills Master Plan, directly south of Lake Calavera in Local Facilities Management Zone 14. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. January 15,2002 Carlsbad City Council Meeting Page 10 RECESS Mayor Lewis declared a recess at 9:25 p.m. Council reconvened at 9:30 p.m. with all members present. ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING Mayor Lewis adjourned to the Regular Meeting of the Housing and Redevelopment Commission Meeting at 9:30 p.m. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING Chair Lewis adjourned the Regular Meeting of the Housing and Redevelopment Commission Meeting to the Special Meeting of the Carlsbad Municipal Water District at 9:34 p.m. RECONVENE COUNCIL MEETING President Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District to the remainder of the Carlsbad City Council Meeting at 9:32 p.m. All Council Members were present. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #16,519 - DESIGN REVIEW BOARD APPOINTMENT Council concurred to continue this item to January 22, 2002. COUNCIL REPORTS AND COMMENTS: Council Member Nygaard said she was going to run in the San Diego half marathon which is held in Carlsbad. Council Member Finnila said that a meeting regarding Larwin Park would be held on Wednesday, January 16th, at 7:OO p.m. at the Calavera Hills Park Activity Room. Mayor Lewis said the Metropolitan Water District would resume their tours to the Imperial Valley in February. CITY MANAGER COMMENTS: None. January 15,2002 Carlsbad City Council Meeting Page 11 CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of January 15, 2002, was adjourned at 9:40 p.m. Respectfully submitted, Janice Breitenfeld Deputy City Clerk