HomeMy WebLinkAbout2005-02-15; City Council; MinutesMINUTES
MEETING OF:
DATE OF MEETING: February 15,2005
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Special Meeting)
Carlsbad City Library
Schulman Auditorium
1775 Dove Lane
Carlsbad, CA 92009
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
LEGISLATIVE INVOCATION:
Pastor Dwayne Edwards of Las Flores Church of the Nazarene offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Sigafoose led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Hall, minutes of the following meeting were approved
as presented:
Minutes of the Special Meeting held February 1, 2005.
Minutes of the Special Meeting held February 8, 2005.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
CONSENT CALENDAR:
Item No. 4 was pulled for discussion.
The Mayor stated that Council received a letter from Bob Ladwig requesting that
Consent Calendar Item #6 be continued for two weeks. Council concurred with the
request to continue Item #6 for two weeks.
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #I through #3 and #5 as follows:
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
February 15,2005 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 #17.975 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2005-040, accepting a donation from the
18‘h Annual KoKo Beach Golf Tournament in support of the Carlsbad Senior
Center.
2. AB #17,976 -ACCEPTANCE OF CONSTRUCTION OF THE PAVEMENT
OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL
NORTE PROJECT.
Council adopted RESOLUTION NO. 2005-041 , accepting the construction of the
Pavement Overlav of Palomar Airport Road, El Camino Real, and Paseo Del
Norte, Project No: 3667-5, as complete, and directing the City Clerk to record a
Notice of Completion in accordance with State Law and City Ordinances.
3. AB #17,977 -APPROVAL OF SETTLEMENT OF WORKERS’ COMPENSATION
CLAIM OF JEFF ZACHRY.
Council adopted RESOLUTION NO. 2005-042, accepting the Stipulations with
Award authorizing the payment in the amount of $27,195.00 for settlement of the
Workers’ Compensation claim of Jeff Zachry.
4. AB #17,978 -AWARD OF CONTRACT FOR CONSTRUCTION OF THE EL
CAMINO REAL TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 3899-1.
This item was pulled for discussion.
5. AB #17,979 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR
CONSTRUCTION OF THE 2005 STREET SEALING PROJECT NO. 3667-10.
Council adopted RESOLUTION NO. 2005-044, approving plans and
specifications, and authorizing the City Clerk to advertise for bids for the 2005
Street Sealing, Project No. 3667-1 0, and appropriating funds.
6. AB #17,980 -APPROVAL OF RATIFICATION REIMBURSEMENT AGREEMENT
FOR COSTS TO COMPLETE ENVIRONMENTAL WORK FOR COLLEGE
BOULEVARD AND CANNON ROAD EAST.
This item was continued for two weeks.
DISCUSSION OF CONSENT CALENDAR ITEM:
4. AB #17,978 -AWARD OF CONTRACT FOR CONSTRUCTION OF THE EL
CAMINO REAL TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 3899-1.
Council Member Packard stated that he requested this item be pulled to ask Council to
consider rejecting the bid. Mr. Packard expressed concerns because only one bid was
received for the project, and because the bid was 18% higher than the original estimate
for the project.
February 15,2005 Carlsbad City Council Meeting Page 3
Robert Johnson, Deputy City Engineer, explained that the bid received from HMS
Construction, Inc. included surface street improvements as well as the traffic signal
installation.
Mr. Johnson also explained that the conduit and wiring of the traffic signals are in
extremely poor condition and that the signals are probably the oldest in the City and in
need of repair.
Mr. Johnson expressed concerns that major traffic problems might occur if the project
were to be postponed in order to go through the bid process again.
Council Member Kulchin stated that she understood Council Member Packard’s
concerns, however due to the location and importance of the signals she would support
staffs recommendation.
In response to a request from Mayor Pro Tem Hall, Mr. Johnson defined the current
timeline related to the construction, with completion anticipated by fall.
ACTION: Council Member Packard made a motion to reject the bid from
HMS Construction, Inc., and to direct staff to re-bid the project.
The motion failed due to a lack of a second.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-043, accepting bids and awarding a
contract to HMS Construction, Inc., for the construction of the El
Camino Real Traffic Signal Improvements at Hosp Way, Marron
Road and Plaza Drive, Project No. 3899-1, and appropriated funds.
- AYES:
NOES: Packard
Lewis, Hall, Kulchin, Sigafoose
ORDINANCES FOR INTRODUCTION:
7. AB #17,981- ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTION
OF UNICORN10 STREET AND RANCHO CORTES.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-741, amending Title IO, Chapter 10.28 of
the Carlsbad Municipal Code by the addition of Secion 10.28.770,
to require a stop on Unicornio Street at its intersection with Rancho
Cortes.
- AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
February 15,2005 Carlsbad City Council Meeting Page 4
8. AB #17,982 - ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTION
OF CADENCIA STREET AND ROMERIA STREET.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-742, amending Title 10, Chapter 10.28 of
the Carlsbad Municipal Code by the addition of Section 10.28.370,
to require a stop on Cadencia Street at its intersection with
Romeria Street.
- AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
ORDINANCE FOR ADOPTION:
9. AB #I 7,983 - VISTA LA COSTA - ZC 04-09.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE NO. NS-740, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map to
grant a Zone Change, ZC 04-09, from Planned Community to
Residential-Density Multiple on property generally located on the
north side of Gibraltar Street, south of the La Costa Golf Course,
between Jerez Court and Romeria Street in Local Facilities
Management Zone 6.
AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
PUBLIC COMMENTS:
John Prietto, 2760 Carlsbad Boulevard, #I 03, resident of the Anastasia Development in
Carlsbad came forward to express concerns relating to the noise at night in the
downtown village area from music and bar patrons.
Mayor Lewis asked staff to address Mr. Prietto’s concerns at the conclusion of the
Public Comments.
Laurie Bergthold, 1853 Avocado Road, Oceanside came forward to address Council.
Ms. Bergthold presented Council with handouts (on file in the City Clerk’s office) relating
to the original Carlsbad Skatepark and the progress being made to restore the park.
Ms. Bergthold stated that their group had met with H.G. Fenton, the developer of the
property. Ms. Bergthold asked that Council consider assisting their group with a
potential land swap that Mr. Fenton had suggested.
February 15,2005 Carlsbad City Council Meeting Page 5
Dave Bergthold, 1853 Avocado Road, Oceanside also asked that Council consider
assisting with a proposed land swap, which would involve a trade of city-owned land, of
equal value, for the skatepark site.
Rob Dyrdek, 1286 Mariposa Road, Carlsbad, a local professional skateboarder
expressed the significance of the skatepark. Mr. Dyrdek stated that he would be willing
to donate money to build a modernized skate plaza around the original skatepark.
Witt Rowlett, 7206 Daffodil Place, Carlsbad, stated that the skateboarding industry
would gravitate to Carlsbad if the skatepark was restored. He requested that the City
assist the group to save the site.
Council Member Kulchin stated that she had not heard about the land swap proposal
until this evening and asked who in the City, Mr. Fenton had talked to regarding this
matter.
Sandra Holder, Community Development Director stated that she and the Economic
Development Manager Cynthia Haas had met with representatives from the Fenton
Company to discuss a number of ideas. Ms. Holder said that she did recall the
representatives from Fenton mentioning something about a land swap, however they
did not discuss details about sites that could potentially be swapped.
Ron Ball, City Attorney stated that Council could not have a discussion regarding the
Public Comment items, however they could request that the item be put on a future
agenda for discussion.
Debbie Fountain, Housing and Redevelopment Director came forward to address the
concerns regarding the noise in the downtown area presented by Mr. Prietto.
Ms. Fountain stated that the Housing and Redevelopment Department and the Police
Department are aware of the issue and working on the noise issues.
Police Chief Zoll stated that the Police Department has worked extensively with the bar
owners in the downtown area regarding the noise complaints.
In response to an inquiry from Council Member Packard, Ms. Fountain explained that
the property developers in the area have been asked to disclose the noise problems to
potential buyers.
In response to an inquiry from Mayor Lewis, Ms. Fountain explained that the Coyote
does not have a Conditional Use Permit (CUP), that they had been issued a
Redevelopment Permit and Coastal Development Permit, which are not required to be
renewed.
Ms. Fountain stated that staff will continue to monitor the noise in the Village area.
February 15,2005 Carlsbad City Council Meeting Page 6
PUBLIC HEARING:
1O.AB #17.984 - KELLY CORPORATE CENTER GPA 04-09/ZC 04-05/LCPA 04-08.
Van Lynch, Senior Planner presented the staff report and reviewed a Power Point
Presentation (on file in the City Clerk’s office).
Mayor Lewis opened the duly noticed public hearing at 656 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed.public hearing at
656 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-743, amending Section 21.05.030 of the
Carlsbad Municipal Code by an Amendment to the Zoning Map to
grant a Zone Change, ZC 04-05, from Residential Density-Multiple
with a Qualified Development Overlay (RD-M-Q), Residential
Single-Family with a Qualified Development Overlay (R-I-Q), and
Planned Industrial (PM) to Open Space (OS) on property generally
located on the southwest corner of Palomar Airport Road and
Hidden Valley Road and between Hidden Valley Road and Aviara
Parkway, south of Palomar Airport Road, in Local Facilities
Management Zone 5; and
Adopted RESOLUTION NO. 2005-046, approving a Negative
Declaration, General Plan Amendment and Local Coastal Program
Amendment to change the Residential Medium Density (RM) and
Planned Industrial (PI) General Plan Designations to Open Space
on roughly 9.5 acres of property within the Kelly Corporate Center
Industrial Subdivision generally located on the southwest corner of
Palomar Airport Road and Hidden Valley Road and between
Hidden Valley Road and Aviara Parkway, south of Palomar Airport
Road, in Local Facilities Management Zone 5.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
DEPARTMENTAL AND CITY MANAGER REPORTS:
1 I .AB #17,985 - AWARD OF CONTRACT FOR CONSTRUCTION OF PINE AVENUE
PARK, PROJECT NO. 38022.
Scott Bradstreet, Park Planner presented the staff report and reviewed a Power Point
Presentation (on file in the City Clerk’s office).
February 15,2005 Carlsbad City Council Meeting Page 7
Mr. Bradstreet gave a brief background of the project and hi-lited some of the amenities
that would be incorporated into the park.
In response to an inquiry from Mayor Lewis, Mr. Bradstreet explained that the bid
submitted by the lowest responsive bidder contained an accounting error and therefore
had been withdrawn.
Council Member Kulchin asked when the Community Center would be built.
Mr. Bradstreet responded that the Community Center is scheduled to be built in 3 to 4
years.
In response to an inquiry from Council Member Sigafoose, Mr. Bradstreet explained the
source of the Pine Park funding.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-047, accepting bids and awarding a
contract to EDGE Development, Inc., for the construction of Pine
Avenue Park.
AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
12.AB #17,986 -APPEAL OF CITY ENGINEER’S DENIAL OF TENTATIVE PARCEL
MAP FOR LOKER BUSINESS CENTER - MS 04-04.
Bob Wojcik, Deputy City Engineer and Bob Johnson, Deputy City Engineer presented
the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s
off ice).
Mr. Wojcik explained the reasons for the denial of Tentative Parcel Map MS 04-04
toker Business Center.
Council Member Packard asked staff if the traffic signal had been included for
consideration during the Planning Commission hearing.
Mr. Wojcik responded that before the applications for the project were made, there was
discussion with staff about the signal at the intersection. He stated staff did relate to
the applicant that staff would not support that type of proposal.
In response to an inquiry from Mayor Lewis, Mr. Wojcik explained it was with the fifth
submittal of the application, on December 1 , 2004, that the applicant included the
installation of a traffic signal.
Bob Johnson, Deputy City Engineer explained that staff was not arbitrarily determining
that there should not be a full access intersection at that location. Mr. Johnson further
explained that according to the Circulation Element of the General Plan, the intersection
spacing standard on a prime arterial is 2600 feet. Mr. Johnson also stated that the
distance from Loker to El Fuerte did not meet the spacing standards of the Circulation
Element.
February 15,2005 Carlsbad City Council Meeting Page 8
Mayor Lewis asked staff if the two traffic reports presented by the applicant to the
Engineering Department had been prepared by the same consultant.
Mr. Johnson confirmed that both reports were from the same traffic engineering
company. He stated that the findings in the original traffic study indicated that there
would be no problems and the project was not required to mitigate along Palomar
Airport Road. Mr. Johnson also explained the second traffic study, that was submitted
after the project was approved by the Planning Commission, indicated that mitigation
would be necessary, and could be accomplished by constructing a full access
intersection at Loker West.
In response to an inquiry from Mayor Pro Tern Hall, Mr. Johnson explained that the
basis used for the first traffic study was the 2020 Model and that the basis for the
second traffic study was the 2030 Model.
Mr. Johnson stated that staff uses the latest traffic model which would currently be the
North County 2030 Model.
Mayor Pro Tem Hall asked if the 2030 Model showed the traffic signal.
Mr. Johnson responded that the 2030 Model does not include a traffic signal at Loker
West.
In response to an inquiry from Council Member Kulchin, Mr. Johnson clarified that the
Consultant’s report indicated a need for a traffic signal at Loker West based on the
2030 Model. However, staff had no evidence from the 2030 Model that a traffic signal at
Loker West is needed.
In response to an inquiry from Council Member Sigafoose, Mr. Johnson gave examples
of prime arterial roadways other than Palomar Airport Road.
Council Member Sigafoose asked if the applicant had ever requested a signal at the
location before.
Mr. Wojcik responded that the fifth submittal of the application contained a request for
inclusion of a signal.
Paul Klukas, Planning Systems, 1530 Faraday Avenue #I 00, Carlsbad, representing
the applicant came forward to address Council. Mr. Klukas expressed that the inclusion
of an intersection would benefit all of the businesses and the employees in the area of
Carlsbad Oaks and Bressi Ranch, including the Loker Business Center.
Mr. Klukas stated that the spacing on one side of the proposed intersection would be
2300 feet and on the other side of the intersection 21 00 feet, being slightly short of the
2600 foot spacing standard. Mr. Klukas also stated that the City has other
intersections on prime arterials that are tighter between intersections than this one.
Mr. Klukas explained that the Loker Development would fund and install the signal at
Loker as a subdivision improvement so that the City would not have to pay for it.
February 15,2005 Carlsbad City Council Meeting Page 9
Mr. Klukas stated that the cost of the signal was estimated at half a million dollars and
felt that the benefits of a signal would outweigh the detriments.
In response to an inquiry from Council Member Kulchin, Mr. Klukas stated that they had
hoped that the traffic signal would be included in the conditions for the minor sub-
division.
Mark McLaren, 1 1975 El Camino Real #203, San Diego, came forward to address
Council. Mr. McLaren spoke in support of a traffic signal at Loker because of traffic
congestion at El Fuerte and Palomar Airport Road. Mr. McLaren stated that a signal
would be a plus for all buildings in the area.
Steve Avoyer, 3131 Camino Del Rio North, San Diego spoke in support of a signal
being installed at the intersection. He stated that it would improve the retail access to
the area and help the tenants succeed.
Kevin Breen, Bank of America, Site Acquisition Department, 45 Weepingwood, Irvine,
came forward to address Council. Mr. Breen stated that Bank of America is in an
agreement with the applicant to build a free standing bank branch on the corner of the
intersection at Loker. Mr. Breen stated that they had looked into the traffic flow and
traffic patterns and felt that a signalized intersection would improve access and
convenience for the bank’s customers.
Kent Moore, Grubb & Ellis Commercial Real Estate, 705 Palomar Airport Road #loo,
Carlsbad came forward to address Council. Mr. Moore spoke in support of the
installation of a traffic signal at Loker.
Sam Cabb, Traffic Engineer with Urban Systems Associates, 4540 Kearney Villa Road
#106, San Diego came forward to address Council. Mr. Cabb stated that he prepared
the original traffic study for the Loker Business Park using the previously available 2020
Traffic Model, and had prepared the second traffic study using the 2030 Traffic Model
that became available in April or June of 2004.
In response to an inquiry from Mayor Lewis, Mr. Cabb stated that it took him about six
weeks to prepare the report that was based on the 2020 Model, and it took him two
weeks to review the figures and prepare the report based on the 2030 Model. He
explained that the second study showed congestion will be worse than shown in the
report based on the 2020 Model.
Mr. Wojcik stated that the description of the project did not include a signal in either the
application for the Conditional Use Permit, the Site Development Plan, or the
Environmental Review.
Mr. Klukas stated that the reason they were late with getting the second traffic study to
staff for review, was because they did not anticipate the council hearing to be
scheduled so quickly.
Mayor Pro Tem Hall stated that fully signalizing the intersection at Loker made sense.
February 15,2005 Carlsbad City Council Meeting Page 10
Council Member Kulchin stated that she agreed with Council Member Hall and can
support a signal at the intersection. Ms. Kulchin also stated that she liked the idea that
the applicant had offered to fully pay for the signal, estimated to cost $500,000.
Council Member Packard stated that he was in agreement with his other two colleagues
and could also support a signal at the intersection.
Council Member Sigafoose stated that she would support the applicant’s request and
believes that a signal is warranted.
In response to an inquiry from Council Member Sigafoose, City Attorney Ron Ball
explained that the minor subdivision would not be approved until it has gone through
CEQA review and is returned to Council.
ACTION: On a motion by Mayor Pro Tem Hall, Council remanded the appeal
to the City Engineer to complete the CEQA process pursuant to
Carlsbad Municipal Code Title 19, and directed that it be returned
to the Council for approval of the appropriate environmental
documents and action on the appeal.
- AYES:
NOES: Lewis.
Hall, Kulchin, Packard, and Sigafoose
RECESS:
Mayor Lewis declared a recess at 8:29 p.m. Council reconvened at 8:33 p.m., with all
members present.
13.AB #17,987 - REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)
ALTERNATIVES.
Dennis Turner, Principal Planner presented the staff report and reviewed a Power Point
Presentation (on file in the City Clerk’s office).
Mr. Turner gave an overview of the Regional Housing Needs Assessment and the three
alternatives available to Council.
Council discussion ensued regarding the alternatives and their preference for
Alternative 1A.
Socorro Rodriguez-Anderson, 3222 Roosevelt Street, Carlsbad came forward to
address Council. Ms. Rodriguez-Anderson agreed that affordable housing is needed in
the City. She stated that the State mandates the number of units and density, but that
density does not equal affordability on coastal property.
Ms. Rodriguez-Anderson also spoke in support of attaining more affordable housing in
the Village area.
Council received the report and expressed their preference for Alternative 1 A.
February 15,2005 Carlsbad City Council Meeting Page 11
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some
committees and sub-committees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Wednesday, February 16,2005 - I1 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
Wednesday, February 16,2005 - 4 p.m.
Buca di Beppo Grand Opening Event
1921 Calle Barcelona
Carlsbad, California
Thursday, February 17,2005 - 5 p.m.
Carlsbad Citizens’ Academy
Carlsbad Senior Center
799 Pine Avenue
Carlsbad, California
Thursday, February 24,2005 - 6 p.m.
Boys & Girls Clubs of Carlsbad Annual Recognition Dinner
31 15 Roosevelt Street
Carlsbad, California
Friday, February 25,2005 - 5 p.m.
Senior Commission Volunteer Recognition Dinner
Olympic Resort Hotel
61 11 El Camino Real
Carlsbad, California
February 15,2005 Carlsbad City Council Meeting Page 12
ADJOURNMENT:
By proper motion, the Special Meeting of February 15, 2005 was adjourned at
952 p.m.
City Clerk
Sheila Cobian
Deputy City Clerk