HomeMy WebLinkAbout2002-10-08; City Council; Minutes (2)MINUTES
MEETING OF :
DATE OF MEETING: OCTOBER 8,2002
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular 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:
Absent: None.
Lewis, Kulchin, Finnila, Nygaard and Hall.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, Minutes of the following meetings were
unanimously approved as presented, with Mayor Pro Tem Kulchin and Council Member
Nygaard abstaining due to their absence:
Minutes of the Regular Meeting of September 24, 2002
PRESENTATIONS:
Mayor Lewis presented Bob Johnson, Deputy City Engineer, with a proclamation declaring
October 7-1 1,2002 “Ride Share Week.
Mayor Lewis presented Mama Bledsoe, Executive Director of the Women’s Resource
Center, with a proclamation declaring October, 2002 “Domestic Violence Awareness
Month”.
CONSENT CALENDAR:
Item No. 1 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items #2 through #5 as follows:
AYES:
NOES: None.
Lewis, Kulchin, Finnila, Nygaard and Hall.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
October 8,2002 Carlsbad City Council Meeting Page 2
I. AB #16,916 -ACCEPTANCE OF DONATION FROM THE FRIENDS OF THE
CARLSBAD LIBRARY.
This item was pulled for discussion.
2. AB #16,917 - NOTICE OF COMPLETION FOR THE RECONSTRUCTION OF
CHARLEEN CIRCLE - PROJECT NO. 3679.
Council adopted RESOLUTION NO. 2002-294, accepting the reconstruction of
Charleen Circle, Project No. 3679, as complete, and directing the City Clerk to record
a Notice of Completion and release bonds in accordance with State Law and City
Ordinances.
3. AB #16.918 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF 2000/02
STREET SEALING PROJECT - PROJECT NO. 3667-3.
Council adopted RESOLUTION NO. 2002-295, accepting the construction of the
2000/01 Street Sealing project - Project No. 3667-3; and, directing the City Clerk to
record a Notice of Completion and release bonds in accordance with state Law and
City Ordinances.
4. AB #16,919 -AGREEMENT WITH THE OLIVEHAIN MUNICIPAL WATER DISTRICT
FOR THE CONSTRUCTION OF WATER LINES WITHIN THE RANCHO SANTA FE
ROAD REALIGNMENT AND WIDENING, PHASE 1, PROJECT NO. 3190.
Council adopted RESOLUTION NO. 2002-296, authorizing the Mayor to execute the
agreement between the City of Carlsbad and the Olivenhain Municipal Water District
for the construction and reconstruction of various water lines and related structures
within the City of Carlsbad Rancho Santa Fe Road Realignment and Widening,
Phase 1, Project No. 31 90.
5. AB #16.920 -APPROPRIATION OF FUNDS FOR UPGRADE AND REPLACEMENT
OF MASTER DRAINAGE PLAN FACILITY “AC” - PROJECT NO. 3905.
Council adopted RESOLUTION NO. 2002-297, appropriating funds from Planned
Local Drainage Area “A Fund for upgrade and replacement of Master Planned
Drainage Facility “AC” located at the north end of Highland Drive - Project No. 3905.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #16,916 -ACCEPTANCE OF DONATION FROM THE FRIENDS OF THE
CARLSBAD LIBRARY.
Mayor Pro Tem Kulchin reviewed the staff report and expressed appreciation to the Friends
of the Carlsbad Library for their donation.
October 8,2002 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2002-298, accepting a donation of $77,120 from
the Friends of the Carlsbad Library to the Carlsbad City Library,
appropriating donation to the Library’s Friends Donations Fund, and
acknowledging pledge of $45,875 in support of various library
programs.
AYES:
NOES: None.
Lewis, Kulchin, Finnila, Nygaard and Hall.
ORDINANCES FOR ADOPTION:
6. AB #16.921 -ADOPTING THE 2001 CALIFORNIA FIRE CODE, THE 2001
CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE
2001 CALIFORNIA ELECTRICAL; AND, THE 2001 CALIFORNIA MECHANICAL
CODE.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-637, amending Title 17 of the Carlsbad Municipal Code to
adopt, by reference, the 2001 Edition of the California Fire Code; and,
Council adopted ORDINANCE NO. NS-638, amending Title 18 by the
amendment of Chapter 18.04, to adopt, by reference, the California
Building Code - Volumes 1,2, and 3 (2001 Edition); and,
Council adopted ORDINANCE NO. NS-639 amending Title 18 Chapter
18.08, to adopt, by reference, the California Mechanical Code (2001
Edition); and,
Council adopted ORDINANCE NO. NS-640, amending Title 18 Chapter
18.1 2, to adopt, by reference, the California Electrical Code (2001
Edition); and,
Council adopted ORDINANCE NO. NS-641 I amending Title 18 by the
Amendment of Chapter 18.1 6, to adopt, by reference, the California
Plumbing Code (2001 Edition).
AYES:
NOES: None.
Lewis, Kulchin Finnila, Nygaard and Hall.
7. AB #16.922 - ESTABLISHING A PRIMA FACIE SPEED LIMIT UPON HILLSIDE
DRIVE.
Council Member Finnila said she had reviewed the tape of the City Council Meeting of
October 1,2002, when this item was introduced, and felt qualified to vote on the item.
October 8,2002 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-644, amending Title IO, Chapter 10.44, of the Carlsbad
Municipal Code by the revision of Section 10.44.290 to establish upon
Hillside Drive a Prima Facie 35 mile per hour speed limit from Highland
Drive to its intersection with Park Drive.
AYES:
NOES: None.
Lewis, Kulchin, Finnila, Nygaard and Hall.
PUBLIC COMMENT:
Mike Durnin, 21 35 Bella Vista, expressed concern for a towing bill which he felt was
excessive in costs.
In response to Council, Ron Ball, City Attorney, said that the City can not set the rates
charged by towing companies.
Michele Levy, 3021 Highland Drive, expressed concern for the code violations occurring at
3016 Highland Drive.
In response to Council, Mr. Ball explained procedural matters regarding the issue.
Marilyn Janssen, 3307 Highland Drive, expressed concern for the code violations occurring
at 3016 Highland Drive.
Carol Gorbics, 5190 El Arbol, requested that the Carlsbad Municipal Code be amended so
that passive use vessels, such as outrigger canoes, can be used in Agua Hedionda
Lagoon. She reviewed her correspondence dated September 24,2002 previously
submitted to Council (on file in the City Clerks Office).
Thomas Armstrong, PO Box 460724, Escondido, submitted and reviewed his
correspondence dated October 8,2002 (on file in the City Clerks Office) regarding the
towing of his vehicle.
In response to Council, Mr. Ball said that the issues discussed by Mr. Armstrong are
currently in state and federal court. He said that the remedy would be legal and determined
by the courts.
PUBLIC HEARING:
8. AB #I 6.923 - EIR 98-08/GPA 97-05/ZC 97-05/SP 21 1/SP 200(B)/LFMP 16(a) -
CARLSBAD OAKS NORTH SPECIFIC PLAN.
Anne Hysong , Associate Planner; Clyde Wickham, Associate Engineer; and Dawn Wilson,
Traffic Consultant from RBF Consulting, presented the staff report.
Ms. Hysong noted that the Planning Commission rejected staffs recommendation for a
gravity sewer and instead approved a force main sewer. She said based on the Planning
Commission's approval of the force main sewer alignment on Faraday Avenue, part of
October 8,2002 Carlsbad City Council Meeting Page 5
Council’s action this evening would be to delete all references in the Specific Plan to the
gravity sewer line. Ms. Hysong said since a sewer pump station would be required on Lot
9, it is unlikely that the passive recreation area, illustrated in the Specific Plan, can be
constructed at that location. However, she said it might still be possible to utilize a portion
of that lot for a rest area and trailhead parking lot.
Ms. Hysong reviewed the mitigations on The Carlsbad Oaks North Specific Plan. She
noted that the archeological mitigation requires a data recovery program. Ms. Hysong said
that at the Planning Commission meeting, Mark Mojado, of the San Luis Rey Mission Band
Indians, requested that a Native American Monitor be present during the data recovery and
grading operation to receive any artifacts that are recovered. As a result of this request, the
Planning Commission recommended adding a mitigation measure to require the developer
to enter into pre-excavation agreement with the Luiseno Indian Tribe, allowing a monitor to
receive artifacts that are recovered. However, the archeological consultant, who was part of
the EIR team, has advised staff that because the Luiseno Tribe does not possess an
adequate curation facility, similar to the San Diego Archeological Center, curation of those
artifacts should occur at the San Diego Archeological Center. Ms. Hysong said that staff
concurs and recommends that Council add mitigation language requiring the developer to
enter into that pre-excavation agreement with the Luiseno Tribe requiring the presence of a
Native American Monitor during the data recovery, but requiring curation by the San Diego
Archeological Center.
Clyde Wickham, Associate Engineer and Dawn Wilson, Traffic Consultant (RBF
Consulting), presented traffic impacts and required mitigation of the proposed project. Ms.
Wilson said that her firm worked with the City of Carlsbad and surrounding cities to
determine the proposed future land uses which were used to create a regional traffic model.
Ms. Wilson said it is not the City of Carlsbad’s policy to mitigate outside the City limits.
Therefore, a Statement of Overriding Consideration will be necessary in lieu of mitigation
measures for intersections impacted outside the City limits. Ms. Wilson said looking at the
long and short-term future conditions, all intersections within the City of Carlsbad can be
mitigated to operate at a Level of Service D or better.
Mr. Wickham made a Power Point Presentation (on file in the City Clerk’s Office) reviewing
the Carlsbad Oaks North Specific Plan, Carlsbad Oaks North Business Park and impacts to
the City of Carlsbad and the City of Vista by the Home Depot project located in the City of
Vista.
In response to Council, Ms. Hysong said the Carlsbad Oaks North Specific Plan project is
conditioned with a mitigation measure that requires that the developer make payment in
perpetuity for management of the open space and transfer ownership to a management
land entity, such as the Center for Natural Lands Management. Ms. Hysong said there are
a number of mitigation conditions that would be included in the management plan, such as
fencing and signage.
Ms. Hysong said that CEQA requires that a public agency must consider and adopt a
Statement of Overriding Consideration for unmitigable impacts before approving a project.
The Carlsbad Oaks North Specific Plan EIR has identified direct project, specific and
cumulative impacts to air quality, traffic and biology that can not be mitigated. Ms. Hysong
cited the justification for making an overriding consideration.
October 8,2002 Carlsbad City Council Meeting Page 6
Ms. Hysong said that a revised Resolution No. 2002-298 has been presented to Council
that includes additional recitals regarding traffic. She referred to Item No. 3 on Page 5 of
the revised resolution and said that “GPA 00-05” should be deleted.
Ms. Hysong said that Council had also received an Errata Sheet from the Planning
Department regarding minute motions that are necessary, if Council decides to approve the
EIR as recommended by the Planning Commission, regarding the pre-excavation
agreement, reduction of impacted biological habitat and corresponding mitigation
requirements resulting from adoption of the force main sewer, and the deletion of all
reference to the northerly North Agua Hedionda gravity sewer.
Ms. Hysong said she would like to enter into the record correspondence received from
Preserve Calavera dated October 2, 2002 (on file in the City Clerk’s Office); California
Indian Legal Services dated October 7,2002 (on file in the City Clerk’s Office); two
correspondence from the City of Vista Attorney’s Office (not on file in the City Clerk’s
Office); and, correspondence from Reamy Thomas & Moose, Attorneys at Law (not on file
in the City Clerks Office).
In response to Council Member Nygaard, Ms. Hysong said that Pampas Grass is very
invasive and the project includes the requirement that the existing Pampas Grass on the
project site be removed as part of the biological mitigation requirement.
In response to Council Member Hall, Don Rideout, Principal Planner, said that typically
there is a conservation easement placed on the open space. He said that the conservation
easement is granted to one of the wildlife agencies or to the City or both. Mr. Rideout said
this would give the City the enforcement capabilities to ensure that the management plan is
followed. Mr. Rideout said in the worst-case scenario, if the open space is not maintained,
the City can legally take back the property and take the necessary actions to comply with
the mitigation requirements.
In response to Mayor Pro Tem Kulchin, Mr. Rideout reviewed the history of Center for Land
Management.
Mayor Lewis opened the duly noticed public hearing at 7:35 p.m. and asked if anyone
wished to speak on this matter.
Ted Tchang, representing the applicant, Techbilt Construction Corp. and property owner,
Carlsbad Oaks North Limited 3575 Kenyon Street, San Diego, spoke in support of the
project.
Judy Ritter, Mayor Pro Tem, City of Vista, 702 Bel Air Drive, Vista, said that the City of Vista
intends to mitigate impacts to other cities, including the City of Carlsbad, by the
development of the Home Depot Center located in Vista. She spoke of the importance of
each city being sensitive to the impacts that development projects place on other cities.
Council Member Nygaard asked if the City of Vista would be willing to enter into a MOU with
the City of Carlsbad to look at impacts development places on both cities. Ms. Ritter said
she is sure that the City of Vista would be willing to review the issue.
October 8,2002 Carlsbad City Council Meeting Page 7
Steve Gronke, City of Vista Council Member, said that today the Vista City Council took
action to begin their redevelopment project. He asked that the City of Carlsbad take into
consideration the impacts upon the City of Vista by the Carlsbad Oaks North project.
Council Member Hall said that the bottom line is future development and the future average
daily trips generated by development in Vista and Carlsbad. Council Member Hall said he
is hearing that the City of Vista is willing to make a commitment to mitigate any future
average daily trips (created by development within the City of Vista) that would impact the
City of Carlsbad.
Mr. Gronke replied that the City of Vista is hoping that the Carlsbad Oaks North project and
the Vista Home Depot project will have a joint effort mitigating each other. Mr. Gronke
suggested that conversations be held between staff members of the City of Vista and the
City of Carlsbad.
John Conley, representing the City of Vista Planning Department, 600 Eucalyptus, Vista,
said that the City of Vista is asking that the Carlsbad Oaks North project pay its
proportionate share of impacts to the City of Vista. He said that a north bound turn lane on
Melrose at Sycamore and an east bound turn lane at Melrose on Faraday are needed as a
result of the Carlsbad Oaks North project. Mr. Conley referred to the Palomar Forum
project and several other recent commercial projects built in the City of Vista, which have
had some potential impact to Carlsbad intersections, and said that the analysis of these
projects was prepared in a problematic EIR adopted by the City of Vista in 1993. The EIR
did not identify any significant impacts to Carlsbad intersections. Mr. Conley then referred
to the Home Depot project located in the City of Vista and said that a traffic analysis is
being redone with a year 2020 traffic model.
Mr. Conley said that in the CEQA document, analysis should be looked at on a regional
basis, and mitigation for the proportionate share of the project’s impact on the intersection
should be considered. He said that this has been the City of Vista’s policy since the North
County Square’s Specific Plan EIR was adopted in 1990.
Council Member Finnila asked if the City of Vista is willing to mitigate intersections and
roadway improvements. Mr. Conley said the City of Vista’s threshold of significance
address impacts at intersections. He said that segment impacts are addressed through the
circulation element, so developer contributions are not required above and beyond the
normal thoroughfare fees.
In response to Council Member Finnila, Mr. Conley said that in accordance with CEQA
review, the significant impacts identified on a project should be mitigated by those
developers, whether within your city or outside your city. Mr. Conley said this is the City of
Vista’s perspective for future development and this is what the City of Vista is asking from
the City of Carlsbad.
In response to Council Member Finnila, Mr. Conley presented a brief history of the impacts
and mitigation efforts of the Wyrock Project in Vista. Mr. Conley said that the environmental
document prepared for the project showed that the majority of traffic generation was to the
north, toward Highway 78. Therefore, a majority of mitigation efforts were to the north of
the project. Mr. Conley said the EIR did not identify any significant impacts to Carlsbad
intersections. He said that it is the City of Vista’s perspective that the City of Vista will
October 8,2002 Carlsbad City Council Meeting Page 8
approve capital improvement projects to improve the appropriate roadways to full limits and
that the funding to build those roadways is beyond the capabilities of most developers as
mitigation requirements.
In response to Council Member Hall, Mr. Conley said for future projects, the City of Vista
would like to see an effort made on behalf of both the City of Carlsbad and the City of Vista
to notify and cooperate in mitigation opportunities.
In response to Mayor Pro Tem Kulchin, Mr. Conley said that the City of Vista began the
traffic model revision in 1998 and the model was adopted in 2002.
In response to Council, Mr. Conley said that a traffic analysis would be done for the Home
Depot project in Vista. Mr. Conley said that the traffic analysis would identify the significant
impacts and mitigation measures and then it will be the responsibility of the city, outside the
jurisdiction of the City of Vista, to agree with those improvements and require that they be
implemented.
Council Member Nygaard said that in order to agree with the improvements, both cities
would have to use the same mitigation standards for developers. She noted that the City of
Carlsbad requires developers to address roadway impacts, but the City of Vista does not.
Mr. Conley reiterated that the City of Vista assumes that the road improvements on
segments will be made by the City of Vista through the Capital Improvement Program
because those segment impacts are unmitigable by developers. Ms. Nygaard noted that if
the region were larger, then developers could mitigate the impacts. Mr. Conley said that the
City of Vista would entertain that concept.
Mayor Lewis asked if the City of Vista would be willing to participate in costs for the opening
of Faraday and Melrose. Mr. Conley said the question would need to be posed to the Vista
City Council.
Jon Stone, Assistant City Attorney, City of Vista, 600 Eucalyptus Avenue, Vista, said that
the EIR for the Carlsbad Oaks North calls upon the developer to make fair share
contributions towards Carlsbad’s intersections. However, Mr. Stone said that the two most
impacted intersections by this project would be Faraday and Melrose and Sycamore and
Melrose, both located within the City of Vista.
Council Member Finnila said that the entrance to the Home Depot project in Vista is too
close to the intersection and she said it would create back-up problems. She asked if the
entrance could be relocated. Mr. Stone said that the City of Vista would be happy to
entertain suggestions.
Council Member Nygaard asked Mr. Stone if the City of Vista would be interested in
entering into a MOU with the City of Carlsbad. Mr. Stone replied that the MOU is a contract
of sorts and would need to be presented to and negotiated with the Vista City Council.
Mayor Lewis declared a recess at 8:lO p.m. Council reconvened at 8:15 p.m. with all
Council Members present.
October 8,2002 Carlsbad City Council Meeting Page 9
8. AB #16,923 - EIR 98-08/GPA 97-051ZC 97-05/SP 21 1/SP 200(B)/LFMP 16(a) -
CARLSBAD OAKS NORTH SPECIFIC PLAN (CONTINUED).
Mayor Lewis said the public hearing is still open.
Bill Arnold, 3432 Don Ortega Drive, representing Rancho Carrillo Homeowners’ Association,
spoke in support of the Carlsbad Oaks North project.
Isabelle Kay, 3163A Evening Way, La Jolla, Director of the Natural Reserve System in San
Diego, and Manger of the Dawson Reserve at 1660 Dawson Drive in Vista, located
immediately north of the Carlsbad Oaks North project. She said that the University of
California Natural Reserve System, through its representatives in San Diego, has tried to
participate fully in the Carlsbad Oaks North project. Ms. Kay said that they do not believe
that the City of Carlsbad has been fully compliant with the CEQA requirements, with regard
to the Natural Reserve System’s status as a trustee agency. She spoke of the importance
of regional wide planning by all cities. Ms. Kay said her agency is concerned with the
habitat loss and fragmentation issues created by the Carlsbad Oaks North project. She
also said that her agency is concerned about light, noise and air pollution and compliance
with the Regional Water Quality Control Board and Army Corps of Engineer requirements.
In response to Council Member Hall, Ms. Kay said that a fence runs between her property
and the Tchang property and she was not sure who installed the fence. However, she said
that deer could easily jump the fence and coyotes could easily dig under the fence.
Joan Jackson, 1 120 Chinquapin Avenue, representing the League for Coastal Protection
and Preserve Calavera, presented a video by Mark Reid (copy of slides on file in the City
Clerk’s Office).
Diane Nygaard, 5020 Nighthawk Way, Oceanside, said it is premature to approve the
Carlsbad Oaks North project. She said that a request in writing has been made to delay
this project to make sure that the project will add to the regional plan for conservation and
not help destroy it. Ms. Nygaard expressed concern for the wildlife corridor, roads, impacts
to the oak trees and destruction of wetlands. Ms. Nygaard said that the public has been
excluded from the development process and they need to be involved.
Gigi Rolowski, 3729 Bennington Court, said that the Carlsbad Oaks North is a core habitat
area with wildlife corridors that connect to Mt. Palomar, through Calavera, through
Oceanside to Camp Pendleton. She said in order for the Regional Conversation Plan to
work, core habitat and wildlife corridors through Carlsbad Oaks North must be protected.
She said that box culverts for the roadway crossings disrupt wildlife movement and natural
watersheds. She said a bridge, such as the one over South Melrose, would be a better
choice than a box culvert. Ms. Rolowski asked that the roads be reconfigured to reduce
impacts to the wildlife, that a bridge be used instead of a box culvert and that a force main
sewer instead of the extended gravity feed sewer be required.
October 8,2002 Carlsbad City Council Meeting Page 10
Karen Merrill, 4743 Live Oak, Oceanside, expressed concern for the negative impact this
project will have on the environment. She asked that the roadway alignments to eliminate
the loss of mature oak trees and the oak riparian habitat. She said that the oak trees should
only be removed as a last resort. Ms. Merrill said more specific requirements are needed
for the long-term monitoring and care for both transplanted trees and any recreated oak
ha bitat.
Mayor Pro Tem Kulchin asked Ms. Merrill for suggested language on the specific
requirements for long-term monitoring. Ms. Merrill said the difficulty of transplanting oak
trees and creating a viable habitat is a long-term process.
Brenda Tomars, California Indian Legal Services, 609 South Escondido Boulevard,
Escondido, representing the San Luis Rey Band of Luiseno Mission Indians and the Pala
Band of Mission Indians. She said both tribes are San Diego County Tribes whose
traditional territory extends into the Carlsbad area. She said that both Tribes are concerned
with cultural resources that might be found within the project area. Ms. Tomars said
pursuant to the draft EIR, there are seven significant sites, which may be impacted by the
project. She said, for the record, that the Tribes are requesting avoidance for these seven
sites. Ms. Tomars said the elimination of the gravity flow sewer system, actually serves to
protect two of the sites and will leave them in undeveloped area. Ms. Tomars requested
that mitigation measures be added to the EIR to assure avoidance and protection of these
two sites. With respect to the five remaining sites, Ms. Tomars urged avoidance. However,
she said if avoidance can not be accomplished through realignment, she asked that the
project be accomplished in such a manner that the impacts to the five sites be minimized
and disturbances of these five sites be eliminated as much as possible. Ms. Tomars
concurred with the Planning Commission’s recommendation that mitigation measures be
added regarding Native American Monitoring and pre-excavation agreements between the
Tribes and the developer. She requested that disposition of any cultural items found at the
site be left to the negotiations of the pre-excavation agreement between the tribes and the
property owner.
Kathleen Bright, 1074 Sunset Drive, Vista, said that the City of Carlsbad should pay its fair
share for impacts on the City of Vista roadways and intersections. Ms. Bright said she has
written the Governor of California requesting financial assistance regarding impacts to
Highway 78. She asked Council to delay approval of the Carlsbad Oaks North project until
a response has been received from Governor Davis.
Mayor Lewis noted that the State of California is currently running a deficit. Ms. Bright said
that the Governor has access to state funds fund that might be available for Highway 78
improvements.
In response to Council Member Nygaard, Ms. Bright explained that Escondido Avenue from
Melrose to Highway 78 needs two blocks developed in order to connect to Highway 78.
She estimated that 10-1 1 million dollars is needed to complete the two blocks.
Loni Todoroki, 3550 Trieste Drive, spoke of the importance of regional development. She
said that golf courses and manicured property should not be considered open space
because they are not natural habitat. She expressed concern that actual grading on
projects does not reflect the actual grading plans. Ms. Todoroki said that another business
park is not needed because there are many business vacancies in Carlsbad.
October 8,2002 Carlsbad City Council Meeting Page 11
Mark Mojado, P.O. Box I, Pala, of the San Luis Rey Mission Band Indians, said he looks
forward to working with the City of Carlsbad on this project.
Ted Tchang, representing the applicant, Techbilt Construction Corp. and property owner,
Carlsbad Oaks North Limited 3575 Kenyon Street, San Diego, said that all of the wetland
impacts are for Faraday Avenue. He said the alignment of Faraday Avenue has been
exhaustively studied in an effort to minimize environmental impacts as well as maintaining
an economical roadway. Mr. Tchang said there have been many compromises on the road
alignment and the alignment before Council is the best of the alternatives.
Mr. Tchang addressed wildlife corridors and said that the project before Council conforms to
the Habitat Management Program and has been accepted by the wildlife agencies.
Mr. Tchang said that they have been sensitive to their neighbors’ concerns. He said along
the eastern boundary of the Carlsbad Oaks North, their property abuts residents located in
the City of Vista. He said the project has extraordinary requirements along the eastern
boundary such as increased landscape setbacks, increased building setbacks, very
restrictive hazardous materials requirements and no loading areas will be located adjacent
to the residences. Mr. Tchang expressed concern that the Vista City Council has not been
sensitive to projects abutting jurisdictional boundaries.
Ron Rouse, 7330 Alta Vista, legal counsel for Techbilt Construction Corp., said the
Carlsbad Oaks North project has received thorough analysis by staff, wildlife agencies, and
other jurisdictions. He said the only impacts to wetlands on 414 acres is 2.8 acres of
wetland impacts exclusively and totally covered by Faraday Avenue as it crosses the creek.
The remainder of the wetlands has been preserved as part of the 219.5-acre habitat
preserve. Mr. Rouse said that the maintenance of the habitat preserve would be financially
paid in perpetuity by the property owner through a conservation entity meeting the approval
of the City of Carlsbad, Fish and Game and Fish and Wildlife. Mr. Rouse said that the
University of California Natural Reserve System has been involved through the
development process and their input has received a response and integrated into the
project. Mr. Rouse said that the developer concurs with the City’s recommendations
regarding archeological monitoring and Native American monitoring. Mr. Rouse described
the benefits that this project will bring to the City of Carlsbad and surrounding jurisdictions.
Mr. Rouse said that the City of Vista stubbed Faraday Avenue and Melrose to the
boundaries of the City of Carlsbad and is now concerned that when those roads open there
will be a significant amount of regional traffic. Mr. Rouse said that the City of Vista should
be financially responsible for the impacts of regional traffic to their own community. He
noted that Faraday Avenue and Melrose would one day be opened, regardless if the
Carlsbad Oaks North project were built.
Mr. Rouse noted that there are currently approximately 688 oak trees on the property of the
proposed project. Only 19 of those trees will be potentially impacted by the alignment of
Faraday Avenue. Mr. Rouse said the saplings would be planted in an area based on
biology and habitat management so that they will add to the oak riparian habitat
environment.
L
October 8,2002 Carlsbad City Council Meeting Page 12
Keith Merkle, Merkle & Associates, 5434 Ruffin Road, the project biologist, responded to
Council Member Nygaard and said that the mitigation requirement is that the same species
of oak trees be planted as saplings.
Council Member Finnila said on August 26, 2002, the City received correspondence from
the Fish & Wildlife Service and Fish & Game regarding the identification southern mixed
chaparral with coastal sage scrub. (This correspondence is not on file in the City Clerk's
Office.)
Mr. Merkle said that the document before Council today correctly reflects the vegetation and
has been accepted by the wildlife agencies. The issue raised in the correspondence is an
issue relative to how the site was viewed in the regional context at the time the multi-
species plan was put together.
In response to Mayor Pro Tem Kulchin, Mr. Merkle said there is no wildlife remaining the
area of the Carlsbad Oaks North that would be hesitant to pass through the corridors. He
said the box culverts would not restrict the movement of animals. Mr. Merkle explained how
a bridge would adversely impact the wetlands.
Bob Wojcik, Deputy City Engineer, discussed the comments made by the City of Vista
regarding mitigation issues regarding the Home Depot Project located in the City of Vista
and the Oaks North Development in Carlsbad.
Mr. Wojcik also read comments to the City of Carlsbad's EIR from the City of Vista dated
May 29, 2002 and the Specific Plan File Amendment regarding the Vista Business Park.
Ray Patchett, City Manager, said that Council had asked staff to work with the City of Vista
to reach an agreement on the objective of getting the Melrose Avenue/Faraday Avenue
roads constructed. Therefore, city staff has been exchanging draft agreements with the
Assistant City Manager of Vista for over a year and an agreement has not been reached.
Council Member Hall spoke in support of the Carlsbad Oaks North project. He spoke of the
benefit throughout the community that this project will provide.
Council Member Nygaard spoke in support of the Carlsbad Oaks North project and noted
that 219 acres will be preserved as open space with a management plan. Council Member
Nygaard also spoke of the importance of the City of Vista and Carlsbad working out a MOU
regarding mitigation issues. She spoke of the importance of constructing Melrose and
Faraday. Council Member Nygaard said there is one oak tree at the beginning of Faraday
Avenue, where it starts to turn coming east to west. She asked that this tree be protected
with berm walls with rock cover and landscaping. Council Member Nygaard said the bridge
option is a good idea because of the retention basin that will be created. She asked that
the Council be provided with a report on all of the habitat management plans showing how
they are integrated together.
Council Member Finnila spoke in support of the Carlsbad Oaks North project and said that
the City of Carlsbad has been and continues to be concerned with regional issues and the
habitat management plan.
October 8,2002 Carlsbad City Council Meeting Page 13
Mayor Pro Tem Kulchin spoke in support of the Carlsbad Oaks North project. Mayor Lewis
also spoke in support of the project. He spoke of the importance of Carlsbad staff meeting
with Vista staff to discuss how impacts from each city’s development projects will be paid.
Ron Ball, City Attorney, referred to the Memorandum dated October 8, 2002 to the City
Council from the Planning Department regarding EIR 98-08/SP 21 1 - Carlsbad Oaks North
Specific Plan. Mr. Ball said that Item Nos. 1 and 2 should be adopted by minute motion.
However, Item No. 3 impacts an ordinance. Therefore, Ordinance No. NS-646 would need
to be amended to delete all references to the northerly North Agua Hedionda gravity sewer.
Mr. Ball then referred to the revised Resolution No. 2002-298 and said that two revisions
are required. Mr. Ball referred to Page 5, Line 15 of Resolution No. 2002-298 and said that
“GPA 00-05” should be deleted.
Mr. Ball then referred to Page 4, Line 21 of the revised Resolution No. 2002-298 and said
that the word “release” should be changed to “relieve”.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. NS-645, Amending Section 21.05.030 of the
Carlsbad Municipal Code by an Amendment to the Zoning Map to
Grant a Zone Change from P-C to P-M and 0-S on Property Generally
Located North of Palomar Airport Road between El Camino Real and
the City’s Eastern Boundary in Local Facilities Management Zone 16;
and,
Council introduced ORDINANCE NO. NS-646, Approving Specific Plan
21 1 on Property Generally Located North of Palomar Airport Road
Between El Camino Real and the City’s Eastern Boundary in Local
Facilities Management Zone 16, with the addition of the following
language on Page I, Line 12 after “...in its entirety...”: except that all
reference to the Northerly North Agua Hedionda Lagoon gravity sewer
shall be deleted; and,
Council introduced ORDINANCE NO. NS-647, Amending Specific Plan
200(A) to Delete Area B from its Boundaries; and,
Council adopted RESOLUTION NO. 2002-298, Certifying Program
Environmental Impact Report 98-08, Approving Candidate Findings of
Fact, The Statement of Overriding Considerations and the Mitigation
Monitoring and Reporting Program, and Approving a General Plan
Amendment, Zone Change, Carlsbad Oaks North Specific Plan,
Carlsbad Airport Business Center Specific Plan Amendment, and Zone
16 Local Facilities Management Plan Amendment for the Carlsbad
Oaks North Specific Plan Project Generally Located North of Palomar
Airport Road Between El Camino Real and the City’s Eastern Boundary
within Local Facilities Management Zone 16, incorporating the two
following changes: (1) Page 4, Line 21, “release” should be changed to
“relieve”; and, (2) Page 5, Line 15, “GPA 00-05” should be deleted;
and ,
_-
October 8,2002 Carlsbad City Council Meeting Page 14
Council adopted, by minute motion, the following two items per the
Memorandum dated October 8,2002 from the Planning Department to
the City Council:
(1) Cultural Resource Mitigation Measure C1 on Page 5.9-7 of the EIR
shall be amended to add: The developer shall enter into a pre-
excavation agreement to allow the Luiseno Tribe to monitor during
the data recovery and grading operation.
(2) Tables 5.5-3 and 5.54 of the EIR shall be revised to reflect the
reduction of impacted biological habitat and corresponding
mitigation requirements resulting from adoption of the force
mainsewer as shown on the revised Tables 5.5-3 and 5.54
attached to the Memorandum dated October 8,2002 from the
Planning Department to the City Council regarding EIR 98-081SP
21 1 -Carlsbad Oaks North Specific Plan.
AYES:
NOES: None.
Lewis, Kulchin, Finnila, Nygaard and Hall.
RECESS
Mayor Lewis declared a recess at 952 p.m. Council reconvened at 957 p.m. with all
Council Members present.
ADJOURNMENT TO JOINT MEETING OF THE CITY OF CARLSBADICARLSBAD
MUNICIPAL WATER DI STRICT/HOU SI NG AND REDEVELOPMENT AGENCY
Mayor Lewis adjourned the Regular City Council Meeting at 957 p.m. to the Joint Meeting
of the City of Carlsbad/Carlsbad Municipal Water/Housing and Redevelopment Agency with
all Members present.
CONTINUATION OF THE CITY COUNCIL MEETING
Mayor/President/Chair Lewis adjourned the Joint Meeting of the City of Carlsbad/Carlsbad
Municipal WatedHousing and Redevelopment Agency at 958 p.m. to the remainder of the
City Council Meeting with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #16,925 - REVISION OF PRIMA FACIE SPEED LIMIT UPON A PORTION OF
AVENIDA ENCINAS.
Council concurred to continue this item to October 15,2002.
October 8,2002 Carlsbad City Council Meeting Page 15 11. AB #16.926 - CARLSBAD PERSONNEL BOARD APPOINTMENT
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2002-299, appointing Kathleen Blair to the Personnel Board.
AYES:
NOES: None.
Lewis, Kulchin, Finnila, Nygaard and Hall.
ANNOUNCEMENTS
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Friday, October 11,2002 - 3:OO p.m.
Plaza Camino Transit Center Dedication
2526 El Camino Real
Carlsbad, California
Saturday, October 12, 2002 - 9:00 a.m.
Rancho Carrillo Trail Dedication
Carrillo Trail Dedication
Carrillo Elementary School Parking Lot
2875 Poinsettia Lane
Carlsbad, California
Saturday, October 12,2002 - 11 :00 a.m.
Alga Norte Community Park Master Plan Workshop
Poinsettia Park
6600 Hidden Valley Road
Carlsbad, California
COUNCIL REPORTS AND COMMENTS:
Council Member Nygaard announced that the Plaza Camino Transit Center Dedication
would occur on Friday, October 11,2002 at 3:OO p.m.
Council Member Nygaard said that last week she received on behalf of the City a plaque
from North County Solutions for Change in appreciation of the City of Carlsbad’s support.
Council Member Finnila said that the Rancho Carrillo Trail Dedication would be held on
Saturday, October 12 at 9:00 a.m.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
.-
October 8,2002 Carlsbad City Council Meeting Page 16
ADJOURNMENT:
By proper motion, the Regular Meeting of October 8, 2002 was adjourned at 1O:Ol p.m.
City Clerk
Janice Breitenfeld
Deputy City Clerk