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MINUTES
ME€llNG OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: March 21, 1995
TIME OF MER1NG: 6:OO p.m. PLACE OF MEETING: Ci Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:07 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tern Nygaard and Mayor Lewis.
Absent: None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Nygaard, Council approved the Minutes of the following meetings
as presented:
Minutes of the Special Meeting held February 21, 1995.
Minutes of the Regular Meeting held February 21, 1995.
Minutes of the Regular Meeting held February 28, 1995.
Minutes of the Special Meeting held February 28, 1995.
Minutes of the Special Meeting held March 1, 1995.
Minutes of the Special Meeting held March 7, 1995.
Minutes of the Regular Meeting held March 7, 1995.
Minutes of the Adjourned Meeting held March 8, 1995.
Minutes of the Special Meeting held March 8, 1995.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ABSTAIN: Kulchin (Minutes of Special and Regular Meetings of March 7, 1995.)
PRESENTATION:
Community Services Director David Bradstreet announced that the Community Services
Department received two awards from the California State Parks and Recreation Society; one in
the logo classification for the best design in the State of California and the second for the
Xeriscape in front of City Hall. He presented the awards to Robin Bettin for the logo design and
to Mark Steyaert for the Xeriscape.
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March 21, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR:
Items #8 and #9 were removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the
action of the Consent Calendar, Items #1 through #7, as follows:
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
99 1. AB #13,057 - OPEN SPACE EASEMENT EXCHANGE WITHIN CARLSBAD RANCH (CT 92-7) - PR 3.7.65.
Council adopted RESOLUTION NO. 9558, quitclaiming 2.686 acres of open space easement
within the Carlsbad Ranch property in exchange for 2.69 acres dedicated as open space on Map
No. 13078.
54 2. AB #13,058 - FUTURE CITY FUNDING FOR PHASE II OF THE LA COSTA AVENUE INTERCHANGE - PROJECT NO. 3219.
Council adopted RESOLUTION NO. 9559, committing to future funding of Phase II construction
of auxiliary lanes on 1-5 and La Costa Avenue when traffic volume warrants are met.
99 3. AB #13,059 - QUITCLAIM OF A SEWER, LANDSCAPE AND UTILITY, AND DRAINAGE EASEMENT - CARLSBAD RANCH (CT 92-7) - PR 3.7.67 AND PR 3.7.72.
Council adopted RESOLUTION NO. 95-60, approving quitclaims for a 15-foot wide sewer
easement, a ten-foot wide landscape and utility easement, and a 29-foot wide drainage easement
over a portion of lots 2 and 4 of Map No. 13078.
39 4. AB #13,060 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City investments as of February 28,
1995.
74 5. AB #13,061 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF JILL PRICHARD.
Council adopted RESOLUTION NO. 95-61, approving the Stipulations with Request for Award and
authorizing payment of $5,075, at the rate of $140 per week, to Jill Prichard as settlement of her
Workers’ Compensation claim.
96 6. AB #13,062 - APPROVAL OF PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL AT INTERSECTION OF ALGA ROAD AND EL FUERTE STREET - PROJECT NO. 3445.
Council adopted RESOLUTION NO. 95-62, approving plans and specifications for the construction
of a traffic signal at the intersection of Alga Road and El Fuerte Street; and authorizing the City
Clerk to advertise for bids.
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March 21, 1995 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
81 7. AB #13,063 - QUITCLAIM OF DRAINAGE EASEMENT - PR 3.7.71.
Council adopted RESOLUTION NO. 95-63, approving a quitclaim of a 20-foot wide drainage
easement over a portion of Parcel 2 of Map No. 11284.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
99 a. AB #13,064 - APPROVAL OF RANCHO CARRILLO VILLAGES L, M, N, Q, R AND T (CT 93-4) - VILLAGE 0 (CT 93-8/PUD 93-7) - VILLAGES F, G AND P (CT 93-7/PUD 93-6/SDP 94-11,
RESTROOMS - PROJECT NO. 3412.
Julia Klaerich, 2928 Cacatua, referenced her note to Council dated March 21, 1995, and
requested that the agreement between Continental Homes and the neighboring homeowners be
entered into the public record as an additional condition to the project. An unsigned copy of the
agreement is on file in the City Clerk’s Office.
Mike Howes, Hofman Planning, 2386 Faraday Avenue, Suite 120, stated that Chris Chambers of
Continental Homes, is out of the State and there has not been sufficient time to study the
agreement. He stated he was not authorized to make any comment regarding this document,
and added that Continental Homes is dedicated to working with the adjacent homeowners.
City Attorney Ron Ball suggested the item be continued to allow time for the developer and
homeowners to finalize their agreement.
ACTION: On motion by Mayor Pro Tem Nygaard, Council continued this item to
April 4, 1995, to allow time for the developer and neighboring
honeowners to finalize their agreement.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
81 9. AB #13,065 - AUTHORIZATION TO PURCHASE PROPERTY FOR CARLSBAD MUNICIPAL GOLF COURSE PROJECT.
Bob Ladwig, 2642 Ocean Street, speaking for the Chamber of Commerce Issue Review
Committee, requested the extension of Palomar Oaks Way from its current terminus in the Airport
Center to College Avenue, and for this extension to be included in the design for the golf course.
Andy Melzer, 2778 Galicia Way, expressed concern if Palomar Oaks Way does not continue
through to College. He said this is necessary to make property there desirable for businesses.
Staff reported that Palomar Oaks will be constructed in Phase 111 of the golf course project, and
it would be the City’s intention to accommodate the extension of Palomar Oaks Way, whether in
this or another alignment.
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March 21 I 1995 CITY COUNCIL Page 4
EMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 95
Enterprise Fund for the purchase of foreclosed land; and authorizing staff to
initiate acquisition of remaining parcels for the Carlsbad Municipal Golf Course
project.
- 67, appropriating funds in the amount of $1.3 million from the Golf Course
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBUC COMMENT:
Craig Bauer, 2758 Windsor Court, representing Bauer Lumber, requested the City to pressure on the
contractor to get the transit station project back on schedule, since the street has been closed six weeks
past the January 10 deadline. He stated that at this time there is only one lane of the alley open for all
ingress and egress.
Assistant City Manager Frank Mannen explained that NCTD is the lead agency, with Carlsbad acting as
the facilitator between the merchants and NCTD. He said that Carlsbad has been trying to expedite the
project and agree that it has taken too long.
Council Member Kulchin recommended that the representatives from the County be invited to make a
presentation at a Council meeting concerning the project.
PUBUC HEARINGS:
57 10. AB #13,066 - APPEAL OF PLANNING COMMISSION DENIAL OF GPA 94-2/AC 94-1/SDP 94-2 - 113 CAMINO VILLAGE.
Mayor Lewis opened the duly noticed Public Hearing at 6:40 p.m., and issued the invitation to
speak.
John O’Meara, Nottingham Associates, Inc., 2910 Red Hill Avenue, Suite 200, Costa Mesa,
Consultant for the owner, stated their proposal included an 8,000-foot building and an Albertsons
store of approximately 50,000 square feet. He said they would be happy to hold the smaller
building off for a year, or eliminate it altogether, if Council thought it necessary.
Mr. O’Meara explained that the cut in the median and the traffic signal would be necessary to
provide the people driving from the east a way to return to their homes. He said the project
would not be strip commercial, with only the supermarket being placed on the site. Mr. O’Meara
stated that they would limit their deliveries, add additional landscaping to the slopes and mitigate
all noise. He said that over 400 favorable responses from the neighbors had been received and
he asked for approval of the project as proposed.
Jeff Dierck, Real Estate Manager, Albertsons, 1180 West Lambert Road, Brea, stated he was
present to answer questions. He stated there is a need for a supermarket in north Carlsbad, and
Albertsons is willing to spend nine million dollars to provide that market. Mr. Dierck stated that
the median break is needed to get the customers back to their homes, whether or not a signal
is installed there.
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PUBUC HEARINGS: (Continued)
Debbie Ross, 3204 Via Tonala, Tanglewood, spoke in favor of the project, stating it is extremely
inconvenient to have just one small supermarket in the area. She also stated that the break in
the median would help her by making it easier to get home.
Ellen Egan, 2300 Rising Glen Way, Manager of The Rising Glen Apartments, spoke in favor of the
project.
Renate Fanene, 2370 Rising Glen Way #IO1 , spoke in favor of the project.
Ken Rush, 181 0 Radcliff Road, spoke in support of the development, stating that the median
break is needed there, regardless of what type of development goes into that site.
Marcy Agatep, 4939 Avila Avenue, spoke in favor of the project.
Sandy Whitmer, 3204 Via Pescado, spoke in opposition to the project, stating the traffic in that
area is a nightmare and this would only make it worse.
Thom David, 2534 Via Astuto, Tanglewood, spoke in opposition to the project. He expressed
concern about the impact of the proposed development on the surrounding neighborhood. He
stated the intersection there is congested at peak hours and drivers go through Tanglewood as
a shortcut. This development would only increase the traffic problem and disturb the residents.
Bob Breckinridge, 31 10 Via Sorbete, a Member of the Board of Directors of the Tiburon
Homeowners Association, spoke in opposition to the project, stating it would increase traffic on
Avenida de Anita. Also, a number of the units there face into this site, and there is the probability
of increased noise with a supermarket there. Mr. Breckinridge stated that the Board of Directors
approved a resolution opposing the approval of the Negative Declaration and he urged denial of
the appeal.
Karen Crawford, 3532 Via Astuto, Tanglewood, stated she favors a supermarket, but not at this
site. There are too many traffic signals at this time in that area, and traffic is gridlocked. The
drivers cut through Avenida de Anita now and speed through the area, making it dangerous for
the children.
Carlos Galan, 3001 Via De Paz, stated there is a shortage of shopping areas, but this is not the
appropriate place. He said that traffic is the number one problem, and another traffic signal
cannot be supported.
Dominic Devine, 2725 Circulo Santiago, spoke in favor of having an Albertsons market on this site,
stating that they would be a great neighbor.
Nick Banche, 81 0 Mission Avenue, Oceanside, representing owners and developers of Carlsbad
Plaza and Carlsbad Plaza South, requested Council deny the appeal, stating there is no reason
to violate the City’s intersection policy. Mr. Banche stated that he did not believe the applicant
had the legal right to use Hosp Way.
Dr. Ray McClave, Dentist, spoke in opposition to the project, stating it was too close to the
Children’s Daycare Center and would create tremendous traffic.
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March 21, 1995 CITY COUNCIL Page 6
PUBUC HEARINGS: (Continued)
Jim Gaiser, 3340 Ridgecrest Drive, stated he had received communications concerning the
support of the Albertsons store using the words "Hospital Way" instead of Hosp Way, and these
people do not represent Carlsbad. He said the traffic impact would be tremendous and there is
no reason for a General Pian Amendment. He requested Council to uphold the denial.
Alex Macksoud, Albertsons, 955 Carlsbad Village Drive, stated he runs the store at 955 Carlsbad
Village Drive. He told of the community activities in which the Albertsons store participates, and
added that there are no deliveries made to the store after 1O:OO p.m., and none before 6:OO a.m.
He stated that the proposed store would be a very nice store and he would like to manage that
store.
Dave Dunn, 1782 Terry Lynn Lane, Santa Ana, spoke in favor of the project.
Sam Kab, Traffic Engineer with Urban Information Systems, 4540 Kearny Villa Road, Suite 106,
San Diego, related the traffic studies he had conducted in this area and stated there would be
a traffic delay with any project that builds on that site.
Mr. O'Meara, speaking in rebuttal, stated Albertsons will mitigate any noise problems that may
arise due to the supermarket.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:19
p.m.
RECESS:
Mayor Lewis declared a recess at 8:19 p.m., and Council re-convened at 8:27 p.m., with all five Members
present.
PUBUC HEARINGS: (Continued)
Council Members Finnila and Hall stated they favored allowing the supermarket in a neighborhood
where it is needed and that the traffic impacts can be mitigated.
ACTION: On motion by Mayor Lewis, as amended, Council directed the City Attorney to
prepare documents denying the appeal, without prejudice, and upholding the
Planning Commission denial of General Plan Amendment GPA 94-2, Zone
Change ZC 94-1 and Site Development Plan SDP 94-2.
AYES: Lewis, Nygaard and Kulchin
NOES: Finnila and Hall
67 11. AB #13,067 - AMENDMENTS TO CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE - MCA - 94-1.
Mayor Lewis opened the duly noticed Public Hearing at 9:12 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
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PUBUC HEARINGS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95
68, approving a Negative Declaration for a Municipal Code Amendment to amend
various sections of Chapter 19.04 of the Carlsbad Municipal Code to bring the
Chapter into conformance with the California Environmental Quality Act and State
CEQA guidelines; and
introduced ORDINANCE NO. NS305, amending Title 19, Chapter 19.04 of the
Carlsbad Municipal Code by the amendment of Sections 19.04.030(a),
19.04.040(b), 19.04.050, 19.04.060(a), (b), (e), (9, 19.04.070, 19.04.080(a),
19.04.090(a),19.04.100(a), (b), (e), (9,19.04.110, 19.04.120,19.04.130,19.04.140,
19.04.160,19.04.170,19.04.190,19.04.210,19.04.220,19.04.260(a),19.04.280(a),
(b), 19,04.290, 19.04.350, 19.04.360, 19.04.370 to bring the Chapter into
conformance with the California Environmental Quality Act and the State CEQA
guidelines.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
MUNICIPAL WATER DISTRICT
Council adjourned to the Municipal Water District at 9:13 p.m., and re-convened at 9:14 p.m., with all five
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
87 12. AB #13,068 - CONSENT TO PARTICIPATE IN SAN DIEGO COUNTY REGIONAL 800 MHZ
45 COMMUNICATIONS SYSTEM.
ACTION: On motion by Mayor Pro Tem Nygaard, Council authorized the Mayor to execute
the Regional Communications System Agreement, and adopted RESOLUTION
NO. 95-69, approving a budget for County Service Area 135 and requesting the
levy of benefit charges for County Service Area No. 135.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
70 13. AB #13,069 - BUENA VISTA LAGOON STRATEGIC PLAN.
ACTION: On motion by Council Member Finnila, Council approved Alternative 2, as follows:
"Using technical support staff from the three cities to form a Strategic Planning
Group to update the Department of Fish and Game's existing Buena Vista
Lagoon Management Plan. This team would develop operational/improvement
programs identifying and prioritizing programs which would provide enhancement
of the lagoon system. Certain programs would include such projects as
determining the extent of the tule influence, evaluating the quantities of needed
dredging of the lagoon's eastern basin and possible sediment reduction
programs in the Buena Vista Creek watershed, and other focused objectives and
research efforts as directed by Department of Fish and Game."
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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March 21, 1995 CITY COUNCIL Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
104 14. AB #13,070 - APPROVAL OF STATE AND LOCAL PARTNERSHIP AGREEMENT FOR FUNDING
THE COASTAL RAIL TRAIL FEASIBILITY STUDY.
ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 95 - 70, authorizing the Mayor to execute a Program Supplemental Agreement No.
01 8 to Local Agency-State Agreement No. 11 -5308 providing funding for the
feasibility phase of the Coastal Rail Trail Project.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
COUNCIL REPORTS:
Council Reports were postponed due to the lateness of the hour.
ADJOURNMENT:
By proper motion, the Regular Meeting of March 21, 1995, was adjourned at 10:21 p.m.
Respectfully submitted,
ALETHA u L. RAUTENKRANZ 4.-
City Clerk
Harriett Babbitt
Minutes Clerk
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