Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:54)
All present called to order at 6
APPROVAL OF MINUTES:
Motion By Kulchin - Approved 5/0
Minutes of the Regular Meeting held August 7, 2007.
Minutes of the Joint Special Meeting held August 7, 2007.
Minutes of the Regular Meeting held August 14, 2007.
Minutes of the Special Meeting held August 15, 2007.
Minutes of the Special Meeting held August 28, 2007.
Mayor Lewis made an announcement in remembrance of the events that occurred 9-11-01.
Closed Session Announcement.
Stated that ACM Lisa Hildabrand would be Interim CM.
PRESENTATIONS:
Proclamation Presentation in Recognition of National Preparedness Month, September 2007.
Mayor Lewis read a Proclamation and presented the Proclamation to Emergency Preparedness Coordinator David Harrison.
David Harrison spoke regarding September 11, 2001.
Proclamation Presentation in Recognition of Constitution Week, September 17-26, 2007.
Victoria Nihiser of the Daughters of the American Revolution called forward. Mayor Lewis presented Ms. Nihiser with a Proclamation in recognition of Constitution Week.
Nihiser spoke about the commemoration of Constitution Week.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
19. AB #19,163 - CITYWIDE RECORDS MANAGEMENT PROGRAM PRESENTATION. To receive an update on the Citywide Records Management Program and approving revisions to the established Records Retention Schedule. Resolution No. 2007-241. ACTION:
AB #19,163
Item No. 19 continued to September 18, 2007 - council concurred.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
All Consent Approved - except Item No. 3 - was pulled for discussion.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,145 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2007. ACTION:
AB #19,145
2. AB #19,146 - ADVERTISE FOR BIDS. Approving contract documents, plans and specifications, and authorizing the City Clerk to advertise for bids for the picnic shelters at Stagecoach and Calavera Hills Community Parks, Project No. 39361. Resolution No. 2007-227. ACTION:
AB #19,146
3. AB #19,147 - ACCEPTANCE OF DONATION. Accepting a donation of goods and services from North Coast Church for the Leo Carrillo Ranch Historic Park. Resolution No. 2007-228. ACTION:
AB #19,147
Recreation Services Manager Mick Calarco came forward to address Council. Mr. Calarco gave an overview of the volunteer work at Carrillo Ranch.
Mick introduced Senior Pastor Savona of North Coast Church.
Photos taken by Richmond of Council with the Pastor.
Motion to Approve 3. AB #19,147 - ACCEPTANCE OF DONATION. Accepting a donation of goods and services from North Coast Church for the Leo Carrillo Ranch Historic Park. Resolution No. 2007-228. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 3. AB #19,147 - ACCEPTANCE OF DONATION. Accepting a donation of goods and services from North Coast Church for the Leo Carrillo Ranch Historic Park. Resolution No. 2007-228. ACTION: (Approved) (Recorded at 00:19:01)
4. AB #19,148 - AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 4 to the agreement with Tiburon, Incorporated, for the purchase of police computer-aided dispatch and mobile data systems. Resolution No. 2007-229. ACTION:
AB #19,148
5. AB #19,149 - FINAL MAP FOR CARLSBAD MEDICAL VILLAGE. Approving the Final Map for Carlsbad Medical Village, CT 05-19, and authorizing the map to be recorded. Resolution No. 2007-230. ACTION:
AB #19,149
6. AB #19,150 - NOTICE OF COMPLETION. Accepting the construction on the Erosion Repairs and Drainage Improvements Re-Bid for Leo Carrillo Ranch Historic Park as complete, and directing the City Clerk to file a Notice of Completion, Project No. 45011. Resolution No. 2007-231. ACTION:
AB #19,150
7. AB #19,151 - FINAL MAP FOR OCEAN ESTATES. Approving the Final Map for Ocean Estates, CT 04-22, and authorizing the map to be recorded. Resolution No. 2007-232. ACTION:
AB #19,151
8. AB #19,152 - ACCEPTANCE OF DONATION. Accepting a donation from Mrs. Ruth Olsman to the Fire Department for Emergency Medical Services and authorizing the appropriation of funds. Resolution No. 2007-233. ACTION:
AB #19,152
9. AB #19,153 - FINAL MAP FOR ROBERTSON RANCH EAST VILLAGE MASTER TENTATIVE MAP. Approving the Final Map for Robertson Ranch East Village Master Tentative Map, CT 02-16, and authorizing the map to be recorded. Resolution No. 2007-234. ACTION:
AB #19,153
10. AB #19,154 - APPROPRIATION OF FUNDS. Authorizing the appropriation of funds for the Buena Vista Lift Station Forcemain (VC4) Improvement Project. Resolution No. 2007-235. ACTION:
AB #19,154
11. AB #19,155 - APPROVAL OF AGREEMENT. Approving an agreement with T.Y. Lin International to prepare the Carlsbad Bridge Preventive Maintenance Program, and authorizing the appropriation of funds, Project No. 6022. Resolution No. 2007-236. ACTION:
AB #19,155
12. AB #19,156 - PURCHASE OF FIRE RESCUE AMBULANCE AND REPLACEMENT EQUIPMENT. Authorizing the purchase of a fire rescue ambulance and replacement equipment. Resolution No. 2007-237. ACTION:
AB #19,156
13. AB #19,161 - PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR SENIOR CENTER EXPANSION AND REFURBISHING PROJECTS. Authorizing the purchase of furniture, fixtures and equipment for the Senior Center expansion and refurbishing project. Resolution No. 2007-240. ACTION:
AB #19,161
ORDINANCE FOR INTRODUCTION:
14. AB #19,157 - CITY COUNCIL COMPENSATION. To consider amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. Introduction of Ordinance No. NS-858. ACTION:
AB #19,157
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 14. AB #19,157 - CITY COUNCIL COMPENSATION. To consider amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. Introduction of Ordinance No. NS-858. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 14. AB #19,157 - CITY COUNCIL COMPENSATION. To consider amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. Introduction of Ordinance No. NS-858. ACTION: (Approved) (Recorded at 00:20:42)
ORDINANCES FOR ADOPTION:
15. AB #19,158 - ESTABLISH A PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-857, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.820 to establish a prima facie 40 mile per hour speed limit on Town Garden Road from El Camino Real to Alicante Road. ACTION:
AB #19,158
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 15. AB #19,158 - ESTABLISH A PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-857, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.820 to establish a prima facie 40 mile per hour speed limit on Town Garden Road from El Camino Real to Alicante Road. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 15. AB #19,158 - ESTABLISH A PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-857, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.820 to establish a prima facie 40 mile per hour speed limit on Town Garden Road from El Camino Real to Alicante Road. ACTION: (Approved) (Recorded at 00:21:48)
16. AB #19,159 - ESTABLISH STOP CONTROLS. Adopting Ordinance No. NS-856, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.930, to require stops on Janis Way at the intersection of Donna Drive. ACTION:
AB #19,159
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 16. AB #19,159 - ESTABLISH STOP CONTROLS. Adopting Ordinance No. NS-856, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.930, to require stops on Janis Way at the intersection of Donna Drive. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 16. AB #19,159 - ESTABLISH STOP CONTROLS. Adopting Ordinance No. NS-856, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.930, to require stops on Janis Way at the intersection of Donna Drive. ACTION: (Approved) (Recorded at 00:22:42)
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment.
Hope Wrisley, 2080 Basswood Avenue, Carlsbad, came forward to address Council. Ms. Wrisley invited the Citizen's and Council to the Parties in the Park.
A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports.
When you are called to speak, please come forward and state your name and address.
PUBLIC HEARING:
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
CALL TO ORDER:
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:24:52)
APPROVAL OF MINUTES:
Motion to Approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:25:10)
Minutes of the Joint Special Meeting held August 7, 2007.
Minutes of the Special Meeting held August 7, 2007. (Board Members Only)
Minutes of the Special Meeting held August 14, 2007. (Board Members Only)
PUBLIC HEARING:
18. AB #19,162 - WATER, SEWER AND TRASH FEES INCREASE. To receive public comment and consider approving increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and City of Carlsbad. Council Resolution No. 2007-239. CMWD Resolution No. 1304. ACTION:
AB #19,162
Collette Wengenroth, Finance Manager presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Ms. Wengenroth gave a background of the utility rates.
Gave an overview of Water Enterprise Expenditures and Increases.
Reviewed the Unfunded Mandates and Wastewater Discharge Requirement (WDR).
Unfunded Mandate - Regarding Storm Water.
Ms. Wengenroth gave a comparison on how City compares to other Cities.
Ms. Wengenroth also gave details regarding the protests received.
Mayor Lewis opened the PH at 6:31 p.m.
Ron Ball stated that the effective date would be November 1st.
PH Closed at 6:31 p.m.
Mayor Lewis announced that Metropolitan and SDCWA has increased rates.
Increases are passed on from other agencies.
Packard commented about a consent calendar item relating to repairs to forcemain.
Council Member Packard also commented that the City's rates are among the lowest in the County.
Motion to Approve 18. AB #19,162 - WATER, SEWER AND TRASH FEES INCREASE. To receive public comment and consider approving increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and City of Carlsbad. Council Resolution No. 2007-239. CMWD Resolution No. 1304. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 18. AB #19,162 - WATER, SEWER AND TRASH FEES INCREASE. To receive public comment and consider approving increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and City of Carlsbad. Council Resolution No. 2007-239. CMWD Resolution No. 1304. ACTION: (Approved) (Recorded at 00:38:00)
REsos. amended to reflect dates.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
19. AB #19,163 - CITYWIDE RECORDS MANAGEMENT PROGRAM PRESENTATION. To receive an update on the Citywide Records Management Program and approving revisions to the established Records Retention Schedule. Resolution No. 2007-241. ACTION:
Item continued.
20. AB #19,164 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2007-242. Resolution No. 2007-243. ACTION:
AB #19,164
Motion to Approve 20. AB #19,164 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2007-242. Resolution No. 2007-243. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to Approve 20. AB #19,164 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2007-242. Resolution No. 2007-243. ACTION: (Approved) (Recorded at 00:39:37)
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
17. AB #19,160- BRESSI RANCH VILLAGE CENTER. To consider approving a Site Development Plan (SDP 06-17) on 14.15 acres of land subdivided into 8 commercial lots for the development of 122,800 square feet of commercial retail space within 12 buildings which include a 43,830 square foot grocery store and 12,000 square foot specialty food store, generally located south of Gateway Road, west of El Fuerte Street, north of Bressi Ranch Way, and north of Paradise Road. Resolution No. 2007-238. ACTION:
AB #19,160
Senior Planner Christer Westman and Senior Civil Engineer John O'Donnell presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Mr. Westman gave an overview of the Bressi Ranch Master Plan.
Displayed illustration of Master Plan.
Included 8 Commercial Lots, 122,800 square feet, 12 buildings
Mr. Westman also gave an overview of the proposed Boys and Girls Club.
Westman also gave an overview of the Concept Mixed-Use Site Plan.
Planning Commission discussed the site plan and architecture.
Mr. Westman also gave an overview of Trader Joes proposed building.
Mr. Westman commented that Council and staff have received correspondence relating to project.
End of Presentation.
In response to an inquiry from Council Member Hall, Mr. Westman explained that a full access point is located near the anchor store. Mr. O'Donnell further explained the access in and out of shopping center. Mr. Hall - on original concept - was not a full access. O'Donnell always had a driveway serving the Boys and Girls Club.
Council Member Nygaard - is there another access to Boys and Girls Club off of Bressi Ranch Way. Yes, said O'Donnell.
In response to an inquiry from Mayor Lewis, does the elimination of the one road cause a safety hazard? No, stated O'Donnell.
In response to an inquiry from Mayor Lewis, Mr. Westman explained that stack flat condos are adjacent to the Trader Joe's store.
Lewis - what about noise for deliveries. Westman explained that a 6 foot wall exists to help tenuate noise.
There are also Site Specific Conditions relating to the deliveries - mitigates noise concerns.
Applicant called forward. Jeff Williams, L&R Property (see Planning Commission Minutes for Address). Gave background of L&R.
Gave an overview of the Boys and Girls Club also.
Gentleman explained that initially their was an entrance off of Paradise. In conclusion, have attempted to implement many comments from the public. Also stated that conditions were imposed on Trader Joe's regarding conditions to reduce sound impacts.
Ball - suggest to call on staff to address regarding acoustical conditions.
Open PH at 7:10 p.m.
Keith Hubbs, 6318 Eatondale, Carlsbad, - asked if park is in HOA? Will retail development be in HOA? (no/no) Expressed concerns relating to park to be utilized by development. - Who will be responsible for maintanance of Park.
JOhn Albandi, 2680 Bressi Ranch Way, came forwrad - gave a PowerPoint presentation (see if we can get this).
Expressed concerns relating to the street being eliminated.
Showed that original plan illustrated two streets. Expressed concerns relating to limited visibility.
Requested that buildings be facing towards the Village Square.
Would like Trader Joe's to have a frontage that is more inviting.
Council Member Hall - commented that the anchor tenant and access has changed.
Natasha Maldi, 258 Juniper Avenue #88, Carlsbad, came forward to address Council. Expressed concerns relating to street near the Boys and Girls Club.
Stated that if Town Center Road is built, part of the Boys and Girls Club will be eliminated.
Jeff Sobcheck, 452 Stevens Ct., representing Solana Estates, spoke in support of project as is. Feels that it is a valid design. Great amenity.
Heather Gerzky, listen to address, came forward to address Council.
Spoke about acoustical repots (Mulberry HOA support of the project is contingent upon recommendations in acoustical report to be implemented. Wants the conditions site specific not tenant specific. Spoke about wall to be constructed between the Mulberry property and the Retail Property. Lighting to be directed away from homeowners. Bank is not to have a drive thru or drive up window. IF issues are implemented and installed as hi-lited - will give general approval to plan.
Council Member Packard - are you speaking on behalf of the Board of Directors of Mulberry? Speaking on Board's behalf relating to the noise and property line concerns.
Kathleen Cocker, 6235 Shamrock Place, came forward to address Council. Expressed concerns relating to noise level in her 3 BR condo. Not interested in new plan, wants the old plan. Have asked that the HOA take care of noise level - noisy neighbors. Wanted the garage to be large enough room for American cars.
Chris Atkinson, resident of Bressi Ranch, stated that he and family are happy with the plan. Spoke in support of project as presented. Does not want road near the Boys and Girls Club.
Packard - how close do you live to retail area? Mr. Atkinson - about four Blocks on Alberton.
Ron Sipioro, CPO of Boys and Girls Club, Roosevelt, came forward to express support for the development of the project.
Mr. Sipiora also stated that they would prefer not to have a road between the Boys and Girls Club and a Park.
If Road is put through, the Boys and Girls Club will be reduced in size significantly. Want project supported as presented. Hall asked has any demographics been done relating to who will be attending the new Club. Sippiora from south and central Carlsbad.
Hall - how many kids? Sippiora - 200 per day.
Jaycee Johnson, resident of Bressi Ranch - Mulberry resident. Expressed concerns relating to traffic increase as a result of street elimination.
Spoke in support of a compromise in relation to original plan and proposed plan.
Marla Hollender, Heather Court, Carlsbad, came forward to address Council. Expressed concerns relating to elimination of road adjacent to Boys and Girls Club. Nygaard - other than road? . . . Store fronts of Trader Joes and Boys and Girls Club facing out .
Ms. Hallendar also would like to see the pedestrian paths being proposed by Developer. Packard - how far away do you live. Hallendar - about 1/4 mile.
Brian Bark, Bressi Ranch, came forward to address Council. In support of Trader Joes and Boys and Girls Club. Issues - safety and community. Spoke in opposition to the elimination of the Road. Wants multiple entry points for Trader Joe's.
Igor Van Michen , 2677 ???, came forward to address Council Will have to get name. Expressed concerns relating to size of Stater Bros. on plan. stated that large anchor store will push away Boys and Girls Club. Make State Brothers smaller, move Boys and Girls Club and build the road. Also expressed concerns relating to large signage.
Asked that Council consider all opinions and come up with a solution to all.
Jeff Fogerty, 6220 Fogerty Place, - expressed concerns relating to noise and road. Would like road to be built.
Nancy Keanan, 2132 Placido Ct., Architect for Boys and Girls Club, asked Council to approve project as presented.
Club has always been designed to be near the park with no road.
Packard - drop off and pick up of kids - in design what has been planned for drop off and pick up.
Ms. Keanan stated that accesses are along Finnila Way and also a circular route in front of building.
Nygaard - exit on Bressi Ranch Way across from south side - just an open space area? Westman - yes it is open space.
Roxy Hubbs, 6318 Eatondale on Heather Court, came forward to address Council. Expressed concerns relating to aesthetics of proposed development.
5 minute break at 8:01 p.m.
Meeting Paused
Meeting called back to order at 8:09 p.m.
Donna Diapasa, 65? Huntington Drive, Carlsbad. Expressed concerns relating to who will pay to maintain the park. Expressed concerns relating to access via the eliminated road. Spent over $1 million to buy in Bressi Ranch - Main Street walkway is now eliminated. Would like plan to be re-visited and the road put back in. LIves about 5 blocks away response to Packard.
Meeting Resumed
Pat Maldy, 258 Juniper Avenue, Carlsbad, came forward to address Council. Expressed concerns relating to having two entrances at the Boys and Girls Club. The Boys and Girls Club has been proven to reduce crime.
There is no graffiti on the Boys and Girls Club downtown.
Peter Katz, 6310 Huntington Drive, came forward to address Council. Stated that he was part of developing documents and he is also a homeowner (a presentation on file - get it from CM Office.) Expressed concerns relating to consistency with original Master Plan. Stated that any plan approved should be consistent with Standard of Approval. Applicants store does not meet Master Plan.
Feels that plan is not in compliance. Want to propose solutions: Asking for one lane and tug on buildings. Bolards in street to open and close streets so that street modifications can occur.
Building should be re-designed.
Norlin Peongrove, listen to address and name - this one is difficult. Expressed concerns relating to traffic congestion going through Bressi Ranch.
Streets are too narrow not to have the two extra access roads. Home purchased on basis of Master Plan presented many years.
Why weren't changes presented to the Homeowners?
Homeowners have a bigger stake in the community.
Jennifer Benasia on Vititra Drive, spoke in support of proposed project. Spoke in support of paseo and elimination of road.
Steve Row, 2613 Town Garden Road, spoke in support of project as presented.
Stated that gentleman leading those in opposition is a planner for another community. Packard - how close do you live? Mr. Row - said 1/2 block. Lewis - is the plan what you expected. Row - an artist redition. Tara Clark, Hancock Circle, a block away, came forward to address Council. Would like the road with the retractable bollards near the Boys and Girls Club.
Mr. Hall - asked about crime. Lady responded about pool and garage vandalism.
New speaker now - get name and address - was re-setting the timer. Expressed concerns relating to the plan presented as opposed to what is being presented this evening. Made purchase decision based on what was initially presented.
Rob Weibert, 2713 Paradise, Carlsbad, expressed concerns relating to road. Park is a magnet for children. Spoke in support of project as presented. Packard - stated that no road was shown initially. (on east side of park).
Mike Levek, 6277 something Drive, Carlsbad (listen for address). Spoke in support of project.
Kathleen ?, address?, concerns relating to safety, expressed Finn is last name. Spoke in support of road. Packard - how close do you live Finn - a block or two.
Kelly Mcloughlin, 6245 Alverton Drive, 3/4 mile away from retail store. Feels that a fabulous job has been done with proposed plan. 90% of people are aware of plan and support.
Barbara Mercado, no address given. Spoke about crime report for last year (19 crimes reported - 3 residents not reported). Please consider ramifications of changing Master Plan. Concerned about the Boys and Girls Club using the park every day. Does not want park to be leased to Boys and Girls Club.
Packard - how close do you live to center. Two Blocks said Barabara.
Mr. Current expressed concerns relating to size of Stater Bros. Spoke in support of street adjacent to Boys and Girls Club - wants park surrounded by streets.
Spoke in support of road. Does not want Boys and Girls Club kids in park. Wants to have windows facing park from Trader Joe's. Kulchin - you don't want a drive-thru pharmacy? Mercado - controversial to master plan.
Sean Current, listen for address, came forwad to address Council. (sent a letter). Would like to see a majority of the original plan observed. This plan with no street and plan with a street was shown initiatlly.
Would like to see a compromise.
Bressi Ranch is unique in the design.
Unique layout
testingnow.
Patty Walters, 6320 Montecito Drive, Bressi Ranch, in favor of plan as designed.
Does not want the road.
Amanda Rodriguez, Bressi Ranch - about four blocks away. One of the last people to move into Bressi Ranch. Promises were made a year ago- relied on representations made by Lennar. Were shown original drawings not the new ones.
Promises were made and not been kept.
Lives on Towngarden Road - worry about traffic. Enthused by Mr. Katz concept of retractable bollards.
Second concern is allocation of the costs for the maintenance of the park across from Boys and Girls Club. Didn't know about plans until 3 days ago.
Packard - do you consider proposed plan walkable. Ms. Rodriguez - concerned about traffic congestion.
Randall Mason, 6329 Encanto Drive, 3 blocks away from park, came forward to address Council. Expressed concerns relating appearance of retail strip mall. Wants to see the Boys and Girls Club in a downtown community not in a strip mall.
Harry Grove, 2681 Alameda Circle, came forward to address Council. Would like to see some of the ideas relating to noise and trash addressed. Was not aware of the number of kids that would be attending the Boys and Girls Club. Concern is with safety and would like to see road put in as was on the origninal concept road.
Brian Grove, 2644 Bressi Ranch Way, came forward to address Council. Spoke in favor of original concept plan.
Close PH at 9:05 p.m.
Bill HOffman, Hoffman Planning and Engineering, Pasteur Ct., Carlsbad, on behalf of applicant. Mr. Hoffman commented that the concept plan - was never intended to be Precise Development Plan. No precise development plan - no grading plan.
Removal of Street on east side of park - there was never a street approved at that location. The only street every presented was on the concept plan. Opinion is there is not a need and there are safety concerns. Pedestrian pathway promotes more pedestrian activity.
Traffic Engineer looked at street with or without street near Boys and Girls Club. Trader Joe's - an added entry per Planning Commission condition. Trader Joe's is providing an outdoor eating area across from the park.
Jeff of LNR, came forward to address Council (the applicant). Provided noticing materials to HOA - 120 people attended two meetings (lasted hours). Met with Mulberry Community regarding noise. Met with Mr. Katz - made a reasonable attempt to inform the public. In master plan the anchor store is larger than actual Stater Brothers. No signage from Stater Brothers - in conformance with sign ordinance. Intentionally brining Stater Bros. trucks up the south way. Noise conditions will be adhered to consistent with Mulberry.
Kulchin confirmed that developer met twice with HO groups. Applicant said yes. Kulchin - 6 foot property wall along western property boundary - also a 10 foot wall on dock edge for noise mitigation. Trucks will be turned off. Kulchin - what about trash and lighting specific to Mulberry. Jeff of LNR - lights will be shielded down and away. Good practices would be incorporated. Kulchin - tell me about the paseo. LNR - intends to put a 10 foot paseo with lighting (pedestrian scale) decorative pole - up and down Finnila and Town Garden - every 30 or 40 feet a part.
Nygaard - on Finnila Way - photos coming into Trader Joes minus landscaping. Jeff of LNR - gave details of proposed landscaping - there will be trellis and hedge there will be plants and a double row of trees (standard street trees).
Nygaard - size of trees that will be placed in development. Jeff of LNR - current plans call for 24" box trees.
Lewis - confirmed meetings with hoa's and Mr. Katz. Mr. Katz present at HOA meeting - met in office and acouple of times on the phone. Also met in park on the street.
Lewis - did Katz want project re-designed? Jeff of LNR - and confirmed.
Hall - questions regarding walkability of area towards Stater Brothers. Jeff of LNR - strive for wide sidewalks up and down Finnilla and Town Garden. Plaza experiences.
Nygaard - on Town Garden Road - the walkway is fronted on the street on both sides. Move bank across from proposed drug store? Jeff at LNR - difficult due to primary park fields.
Lewis - question of Police Chief regarding circulation. Chief Zoll - Captain Shipley and Chief stated that there would be excellend visibility. With paseo being lit in the back no problem for PD.
Kulchin confirmed that Trader Joes has added an entrance facing the park as well. Mr. Jeff from LNR stated there would also be seating and porch area.
Lewis - in reference to pharmacy being open 24 hours. Mr. Jeff from LNR - said drive through must be closed at 11:00 p.m. Pharmacy's preference would be to open 24 hours.
Mr. Sipiora of Boys and Girls Club called forward to address maintenance in park. Lewis - it's a private park open to the public.
Sipiora stated that 200 kids would not be allowed in the park - would be groups of 10 or 20 not the 200. Kids are taught to be responsible individuals. Will the Boys and Girls Club be participating in the maintenance of the park. Lewis asked CA about park being open to the public. Ball - we would need to look at the scope of the open space easement. Also the CC&R's contemplated the park.
Can another party be conditioned to participate in the fair share of the maintenance of park.
Confirmed only commercial buildings before Council.
Nygaard - how long have you been trying to develop property? Jeff of LNR - said 3 to 5 years Nygaard - if truly walkable and no anchor stores - could you market the property? Jeff of LNR - said probably not.
Per Jeff at LNR - visisbility is an issue as well. Lewis - could condition developer to contribute to maintenance costs of the park. Lewis would like staff to look at this and get the information back to Council. Hall - would question if HOA has agreements for maintenance. Jeff at LNR - not sure how to work it out with existing tenants. Packard - asked Ball - what is difference between this type of situation than privately owned streets with public access. Ball - private street is meant to serve private individuals. This situation contemplates that other members of the public will be using the park. Packard - public use of park was anticipated in beginning? Westman - that is correct.
Lewis suggest that item is continued to next week . . . . Kulchin would like to make decision tonight. Nygaard - can go forward this evening. Packard - have a few questions. Hall - tonight.
Kulchin - not sure how much money we are talking about. Ball stated decision is needed to continue or address all. Nygaard - this is unusual situation - HOA owns the park but open to public. Would like to answer question about park. Ball - explained that would not be final until entire item brought back. Patchett asked for key areas that they would like staff to address.
Hall - commented that this is not our park - will be subject to information recievied - could be difficult.
Hall - stated that park was CC&R's. Bill with LNR - could live with condition to enter into HOA with fair share of maintenance of park.
Ball - if Council is desirous of condition - we could assist with agreement.
Nygaard - concern regarding store fronts on town garden road - can we condition store fronts to be main entrances or always remain open? Christer - by limiting delivery hours Council could apply a restriction through CC&R's to Patchett - maybe a condition or goal is to make primary entrance adjacent to street. Ball - when Council is finished documents to be returned to CA office for memorialization.
Ball - repeat condition on store fronts. Patchett - business entrance would primarily be on street. Packard - in support of proposal. Hall - concur with colleague's statements. Question of safety was topic. Kulchin - concur with colleague's also. Lewis - also pleased with project.
Packard - the noise conditions relating to A-K list - does this accomplish City needs? Westman - yes - staff is satisfied. Ball - would like to look at conditions to ensure legally enforcable. Packard - validity of the EIR? Christer - staff is comfortable with EIR.
Lewis - if noise exceeds expectations - how will we enforce noise control. Christer - would be a matter of code enforcement. Ball - if condition is crafted properly - new conditions can be added to mitigate noise. Lewis - did PC agree not to have a road? Christer - yes. Lewis - lighting regarding shields Christer - a lighting plan must be submitted.
Council Comments - Nygaard - the developer has done a pretty good job on the project.
Vote to Approve 17. AB #19,160- BRESSI RANCH VILLAGE CENTER. To consider approving a Site Development Plan (SDP 06-17) on 14.15 acres of land subdivided into 8 commercial lots for the development of 122,800 square feet of commercial retail space within 12 buildings which include a 43,830 square foot grocery store and 12,000 square foot specialty food store, generally located south of Gateway Road, west of El Fuerte Street, north of Bressi Ranch Way, and north of Paradise Road. Resolution No. 2007-238. ACTION: (Approved)
Motion to Approve 17. AB #19,160- BRESSI RANCH VILLAGE CENTER. To consider approving a Site Development Plan (SDP 06-17) on 14.15 acres of land subdivided into 8 commercial lots for the development of 122,800 square feet of commercial retail space within 12 buildings which include a 43,830 square foot grocery store and 12,000 square foot specialty food store, generally located south of Gateway Road, west of El Fuerte Street, north of Bressi Ranch Way, and north of Paradise Road. Resolution No. 2007-238. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
As Amended.
Council Reports.
Adjourned at 10:16 p.m.
Sep 11, 2007 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:54)
All present called to order at 6
APPROVAL OF MINUTES:
Motion By Kulchin - Approved 5/0
Minutes of the Regular Meeting held August 7, 2007.
Minutes of the Joint Special Meeting held August 7, 2007.
Minutes of the Regular Meeting held August 14, 2007.
Minutes of the Special Meeting held August 15, 2007.
Minutes of the Special Meeting held August 28, 2007.
Mayor Lewis made an announcement in remembrance of the events that occurred 9-11-01.
Closed Session Announcement.
Stated that ACM Lisa Hildabrand would be Interim CM.
PRESENTATIONS:
Proclamation Presentation in Recognition of National Preparedness Month, September 2007.
Mayor Lewis read a Proclamation and presented the Proclamation to Emergency Preparedness Coordinator David Harrison.
David Harrison spoke regarding September 11, 2001.
Proclamation Presentation in Recognition of Constitution Week, September 17-26, 2007.
Victoria Nihiser of the Daughters of the American Revolution called forward. Mayor Lewis presented Ms. Nihiser with a Proclamation in recognition of Constitution Week.
Nihiser spoke about the commemoration of Constitution Week.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
19. AB #19,163 - CITYWIDE RECORDS MANAGEMENT PROGRAM PRESENTATION. To receive an update on the Citywide Records Management Program and approving revisions to the established Records Retention Schedule. Resolution No. 2007-241. ACTION:
AB #19,163
Item No. 19 continued to September 18, 2007 - council concurred.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
All Consent Approved - except Item No. 3 - was pulled for discussion.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,145 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2007. ACTION:
AB #19,145
2. AB #19,146 - ADVERTISE FOR BIDS. Approving contract documents, plans and specifications, and authorizing the City Clerk to advertise for bids for the picnic shelters at Stagecoach and Calavera Hills Community Parks, Project No. 39361. Resolution No. 2007-227. ACTION:
AB #19,146
3. AB #19,147 - ACCEPTANCE OF DONATION. Accepting a donation of goods and services from North Coast Church for the Leo Carrillo Ranch Historic Park. Resolution No. 2007-228. ACTION:
AB #19,147
Recreation Services Manager Mick Calarco came forward to address Council. Mr. Calarco gave an overview of the volunteer work at Carrillo Ranch.
Mick introduced Senior Pastor Savona of North Coast Church.
Photos taken by Richmond of Council with the Pastor.
Motion to Approve 3. AB #19,147 - ACCEPTANCE OF DONATION. Accepting a donation of goods and services from North Coast Church for the Leo Carrillo Ranch Historic Park. Resolution No. 2007-228. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 3. AB #19,147 - ACCEPTANCE OF DONATION. Accepting a donation of goods and services from North Coast Church for the Leo Carrillo Ranch Historic Park. Resolution No. 2007-228. ACTION: (Approved) (Recorded at 00:19:01)
4. AB #19,148 - AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 4 to the agreement with Tiburon, Incorporated, for the purchase of police computer-aided dispatch and mobile data systems. Resolution No. 2007-229. ACTION:
AB #19,148
5. AB #19,149 - FINAL MAP FOR CARLSBAD MEDICAL VILLAGE. Approving the Final Map for Carlsbad Medical Village, CT 05-19, and authorizing the map to be recorded. Resolution No. 2007-230. ACTION:
AB #19,149
6. AB #19,150 - NOTICE OF COMPLETION. Accepting the construction on the Erosion Repairs and Drainage Improvements Re-Bid for Leo Carrillo Ranch Historic Park as complete, and directing the City Clerk to file a Notice of Completion, Project No. 45011. Resolution No. 2007-231. ACTION:
AB #19,150
7. AB #19,151 - FINAL MAP FOR OCEAN ESTATES. Approving the Final Map for Ocean Estates, CT 04-22, and authorizing the map to be recorded. Resolution No. 2007-232. ACTION:
AB #19,151
8. AB #19,152 - ACCEPTANCE OF DONATION. Accepting a donation from Mrs. Ruth Olsman to the Fire Department for Emergency Medical Services and authorizing the appropriation of funds. Resolution No. 2007-233. ACTION:
AB #19,152
9. AB #19,153 - FINAL MAP FOR ROBERTSON RANCH EAST VILLAGE MASTER TENTATIVE MAP. Approving the Final Map for Robertson Ranch East Village Master Tentative Map, CT 02-16, and authorizing the map to be recorded. Resolution No. 2007-234. ACTION:
AB #19,153
10. AB #19,154 - APPROPRIATION OF FUNDS. Authorizing the appropriation of funds for the Buena Vista Lift Station Forcemain (VC4) Improvement Project. Resolution No. 2007-235. ACTION:
AB #19,154
11. AB #19,155 - APPROVAL OF AGREEMENT. Approving an agreement with T.Y. Lin International to prepare the Carlsbad Bridge Preventive Maintenance Program, and authorizing the appropriation of funds, Project No. 6022. Resolution No. 2007-236. ACTION:
AB #19,155
12. AB #19,156 - PURCHASE OF FIRE RESCUE AMBULANCE AND REPLACEMENT EQUIPMENT. Authorizing the purchase of a fire rescue ambulance and replacement equipment. Resolution No. 2007-237. ACTION:
AB #19,156
13. AB #19,161 - PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR SENIOR CENTER EXPANSION AND REFURBISHING PROJECTS. Authorizing the purchase of furniture, fixtures and equipment for the Senior Center expansion and refurbishing project. Resolution No. 2007-240. ACTION:
AB #19,161
ORDINANCE FOR INTRODUCTION:
14. AB #19,157 - CITY COUNCIL COMPENSATION. To consider amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. Introduction of Ordinance No. NS-858. ACTION:
AB #19,157
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 14. AB #19,157 - CITY COUNCIL COMPENSATION. To consider amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. Introduction of Ordinance No. NS-858. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 14. AB #19,157 - CITY COUNCIL COMPENSATION. To consider amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. Introduction of Ordinance No. NS-858. ACTION: (Approved) (Recorded at 00:20:42)
ORDINANCES FOR ADOPTION:
15. AB #19,158 - ESTABLISH A PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-857, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.820 to establish a prima facie 40 mile per hour speed limit on Town Garden Road from El Camino Real to Alicante Road. ACTION:
AB #19,158
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 15. AB #19,158 - ESTABLISH A PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-857, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.820 to establish a prima facie 40 mile per hour speed limit on Town Garden Road from El Camino Real to Alicante Road. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 15. AB #19,158 - ESTABLISH A PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-857, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.820 to establish a prima facie 40 mile per hour speed limit on Town Garden Road from El Camino Real to Alicante Road. ACTION: (Approved) (Recorded at 00:21:48)
16. AB #19,159 - ESTABLISH STOP CONTROLS. Adopting Ordinance No. NS-856, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.930, to require stops on Janis Way at the intersection of Donna Drive. ACTION:
AB #19,159
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 16. AB #19,159 - ESTABLISH STOP CONTROLS. Adopting Ordinance No. NS-856, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.930, to require stops on Janis Way at the intersection of Donna Drive. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 16. AB #19,159 - ESTABLISH STOP CONTROLS. Adopting Ordinance No. NS-856, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.930, to require stops on Janis Way at the intersection of Donna Drive. ACTION: (Approved) (Recorded at 00:22:42)
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment.
Hope Wrisley, 2080 Basswood Avenue, Carlsbad, came forward to address Council. Ms. Wrisley invited the Citizen's and Council to the Parties in the Park.
A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports.
When you are called to speak, please come forward and state your name and address.
PUBLIC HEARING:
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
CALL TO ORDER:
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:24:52)
APPROVAL OF MINUTES:
Motion to Approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:25:10)
Minutes of the Joint Special Meeting held August 7, 2007.
Minutes of the Special Meeting held August 7, 2007. (Board Members Only)
Minutes of the Special Meeting held August 14, 2007. (Board Members Only)
PUBLIC HEARING:
18. AB #19,162 - WATER, SEWER AND TRASH FEES INCREASE. To receive public comment and consider approving increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and City of Carlsbad. Council Resolution No. 2007-239. CMWD Resolution No. 1304. ACTION:
AB #19,162
Collette Wengenroth, Finance Manager presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Ms. Wengenroth gave a background of the utility rates.
Gave an overview of Water Enterprise Expenditures and Increases.
Reviewed the Unfunded Mandates and Wastewater Discharge Requirement (WDR).
Unfunded Mandate - Regarding Storm Water.
Ms. Wengenroth gave a comparison on how City compares to other Cities.
Ms. Wengenroth also gave details regarding the protests received.
Mayor Lewis opened the PH at 6:31 p.m.
Ron Ball stated that the effective date would be November 1st.
PH Closed at 6:31 p.m.
Mayor Lewis announced that Metropolitan and SDCWA has increased rates.
Increases are passed on from other agencies.
Packard commented about a consent calendar item relating to repairs to forcemain.
Council Member Packard also commented that the City's rates are among the lowest in the County.
Motion to Approve 18. AB #19,162 - WATER, SEWER AND TRASH FEES INCREASE. To receive public comment and consider approving increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and City of Carlsbad. Council Resolution No. 2007-239. CMWD Resolution No. 1304. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 18. AB #19,162 - WATER, SEWER AND TRASH FEES INCREASE. To receive public comment and consider approving increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and City of Carlsbad. Council Resolution No. 2007-239. CMWD Resolution No. 1304. ACTION: (Approved) (Recorded at 00:38:00)
REsos. amended to reflect dates.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
19. AB #19,163 - CITYWIDE RECORDS MANAGEMENT PROGRAM PRESENTATION. To receive an update on the Citywide Records Management Program and approving revisions to the established Records Retention Schedule. Resolution No. 2007-241. ACTION:
Item continued.
20. AB #19,164 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2007-242. Resolution No. 2007-243. ACTION:
AB #19,164
Motion to Approve 20. AB #19,164 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2007-242. Resolution No. 2007-243. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to Approve 20. AB #19,164 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2007-242. Resolution No. 2007-243. ACTION: (Approved) (Recorded at 00:39:37)
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
17. AB #19,160- BRESSI RANCH VILLAGE CENTER. To consider approving a Site Development Plan (SDP 06-17) on 14.15 acres of land subdivided into 8 commercial lots for the development of 122,800 square feet of commercial retail space within 12 buildings which include a 43,830 square foot grocery store and 12,000 square foot specialty food store, generally located south of Gateway Road, west of El Fuerte Street, north of Bressi Ranch Way, and north of Paradise Road. Resolution No. 2007-238. ACTION:
AB #19,160
Senior Planner Christer Westman and Senior Civil Engineer John O'Donnell presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Mr. Westman gave an overview of the Bressi Ranch Master Plan.
Displayed illustration of Master Plan.
Included 8 Commercial Lots, 122,800 square feet, 12 buildings
Mr. Westman also gave an overview of the proposed Boys and Girls Club.
Westman also gave an overview of the Concept Mixed-Use Site Plan.
Planning Commission discussed the site plan and architecture.
Mr. Westman also gave an overview of Trader Joes proposed building.
Mr. Westman commented that Council and staff have received correspondence relating to project.
End of Presentation.
In response to an inquiry from Council Member Hall, Mr. Westman explained that a full access point is located near the anchor store. Mr. O'Donnell further explained the access in and out of shopping center. Mr. Hall - on original concept - was not a full access. O'Donnell always had a driveway serving the Boys and Girls Club.
Council Member Nygaard - is there another access to Boys and Girls Club off of Bressi Ranch Way. Yes, said O'Donnell.
In response to an inquiry from Mayor Lewis, does the elimination of the one road cause a safety hazard? No, stated O'Donnell.
In response to an inquiry from Mayor Lewis, Mr. Westman explained that stack flat condos are adjacent to the Trader Joe's store.
Lewis - what about noise for deliveries. Westman explained that a 6 foot wall exists to help tenuate noise.
There are also Site Specific Conditions relating to the deliveries - mitigates noise concerns.
Applicant called forward. Jeff Williams, L&R Property (see Planning Commission Minutes for Address). Gave background of L&R.
Gave an overview of the Boys and Girls Club also.
Gentleman explained that initially their was an entrance off of Paradise. In conclusion, have attempted to implement many comments from the public. Also stated that conditions were imposed on Trader Joe's regarding conditions to reduce sound impacts.
Ball - suggest to call on staff to address regarding acoustical conditions.
Open PH at 7:10 p.m.
Keith Hubbs, 6318 Eatondale, Carlsbad, - asked if park is in HOA? Will retail development be in HOA? (no/no) Expressed concerns relating to park to be utilized by development. - Who will be responsible for maintanance of Park.
JOhn Albandi, 2680 Bressi Ranch Way, came forwrad - gave a PowerPoint presentation (see if we can get this).
Expressed concerns relating to the street being eliminated.
Showed that original plan illustrated two streets. Expressed concerns relating to limited visibility.
Requested that buildings be facing towards the Village Square.
Would like Trader Joe's to have a frontage that is more inviting.
Council Member Hall - commented that the anchor tenant and access has changed.
Natasha Maldi, 258 Juniper Avenue #88, Carlsbad, came forward to address Council. Expressed concerns relating to street near the Boys and Girls Club.
Stated that if Town Center Road is built, part of the Boys and Girls Club will be eliminated.
Jeff Sobcheck, 452 Stevens Ct., representing Solana Estates, spoke in support of project as is. Feels that it is a valid design. Great amenity.
Heather Gerzky, listen to address, came forward to address Council.
Spoke about acoustical repots (Mulberry HOA support of the project is contingent upon recommendations in acoustical report to be implemented. Wants the conditions site specific not tenant specific. Spoke about wall to be constructed between the Mulberry property and the Retail Property. Lighting to be directed away from homeowners. Bank is not to have a drive thru or drive up window. IF issues are implemented and installed as hi-lited - will give general approval to plan.
Council Member Packard - are you speaking on behalf of the Board of Directors of Mulberry? Speaking on Board's behalf relating to the noise and property line concerns.
Kathleen Cocker, 6235 Shamrock Place, came forward to address Council. Expressed concerns relating to noise level in her 3 BR condo. Not interested in new plan, wants the old plan. Have asked that the HOA take care of noise level - noisy neighbors. Wanted the garage to be large enough room for American cars.
Chris Atkinson, resident of Bressi Ranch, stated that he and family are happy with the plan. Spoke in support of project as presented. Does not want road near the Boys and Girls Club.
Packard - how close do you live to retail area? Mr. Atkinson - about four Blocks on Alberton.
Ron Sipioro, CPO of Boys and Girls Club, Roosevelt, came forward to express support for the development of the project.
Mr. Sipiora also stated that they would prefer not to have a road between the Boys and Girls Club and a Park.
If Road is put through, the Boys and Girls Club will be reduced in size significantly. Want project supported as presented. Hall asked has any demographics been done relating to who will be attending the new Club. Sippiora from south and central Carlsbad.
Hall - how many kids? Sippiora - 200 per day.
Jaycee Johnson, resident of Bressi Ranch - Mulberry resident. Expressed concerns relating to traffic increase as a result of street elimination.
Spoke in support of a compromise in relation to original plan and proposed plan.
Marla Hollender, Heather Court, Carlsbad, came forward to address Council. Expressed concerns relating to elimination of road adjacent to Boys and Girls Club. Nygaard - other than road? . . . Store fronts of Trader Joes and Boys and Girls Club facing out .
Ms. Hallendar also would like to see the pedestrian paths being proposed by Developer. Packard - how far away do you live. Hallendar - about 1/4 mile.
Brian Bark, Bressi Ranch, came forward to address Council. In support of Trader Joes and Boys and Girls Club. Issues - safety and community. Spoke in opposition to the elimination of the Road. Wants multiple entry points for Trader Joe's.
Igor Van Michen , 2677 ???, came forward to address Council Will have to get name. Expressed concerns relating to size of Stater Bros. on plan. stated that large anchor store will push away Boys and Girls Club. Make State Brothers smaller, move Boys and Girls Club and build the road. Also expressed concerns relating to large signage.
Asked that Council consider all opinions and come up with a solution to all.
Jeff Fogerty, 6220 Fogerty Place, - expressed concerns relating to noise and road. Would like road to be built.
Nancy Keanan, 2132 Placido Ct., Architect for Boys and Girls Club, asked Council to approve project as presented.
Club has always been designed to be near the park with no road.
Packard - drop off and pick up of kids - in design what has been planned for drop off and pick up.
Ms. Keanan stated that accesses are along Finnila Way and also a circular route in front of building.
Nygaard - exit on Bressi Ranch Way across from south side - just an open space area? Westman - yes it is open space.
Roxy Hubbs, 6318 Eatondale on Heather Court, came forward to address Council. Expressed concerns relating to aesthetics of proposed development.
5 minute break at 8:01 p.m.
Meeting Paused
Meeting called back to order at 8:09 p.m.
Donna Diapasa, 65? Huntington Drive, Carlsbad. Expressed concerns relating to who will pay to maintain the park. Expressed concerns relating to access via the eliminated road. Spent over $1 million to buy in Bressi Ranch - Main Street walkway is now eliminated. Would like plan to be re-visited and the road put back in. LIves about 5 blocks away response to Packard.
Meeting Resumed
Pat Maldy, 258 Juniper Avenue, Carlsbad, came forward to address Council. Expressed concerns relating to having two entrances at the Boys and Girls Club. The Boys and Girls Club has been proven to reduce crime.
There is no graffiti on the Boys and Girls Club downtown.
Peter Katz, 6310 Huntington Drive, came forward to address Council. Stated that he was part of developing documents and he is also a homeowner (a presentation on file - get it from CM Office.) Expressed concerns relating to consistency with original Master Plan. Stated that any plan approved should be consistent with Standard of Approval. Applicants store does not meet Master Plan.
Feels that plan is not in compliance. Want to propose solutions: Asking for one lane and tug on buildings. Bolards in street to open and close streets so that street modifications can occur.
Building should be re-designed.
Norlin Peongrove, listen to address and name - this one is difficult. Expressed concerns relating to traffic congestion going through Bressi Ranch.
Streets are too narrow not to have the two extra access roads. Home purchased on basis of Master Plan presented many years.
Why weren't changes presented to the Homeowners?
Homeowners have a bigger stake in the community.
Jennifer Benasia on Vititra Drive, spoke in support of proposed project. Spoke in support of paseo and elimination of road.
Steve Row, 2613 Town Garden Road, spoke in support of project as presented.
Stated that gentleman leading those in opposition is a planner for another community. Packard - how close do you live? Mr. Row - said 1/2 block. Lewis - is the plan what you expected. Row - an artist redition. Tara Clark, Hancock Circle, a block away, came forward to address Council. Would like the road with the retractable bollards near the Boys and Girls Club.
Mr. Hall - asked about crime. Lady responded about pool and garage vandalism.
New speaker now - get name and address - was re-setting the timer. Expressed concerns relating to the plan presented as opposed to what is being presented this evening. Made purchase decision based on what was initially presented.
Rob Weibert, 2713 Paradise, Carlsbad, expressed concerns relating to road. Park is a magnet for children. Spoke in support of project as presented. Packard - stated that no road was shown initially. (on east side of park).
Mike Levek, 6277 something Drive, Carlsbad (listen for address). Spoke in support of project.
Kathleen ?, address?, concerns relating to safety, expressed Finn is last name. Spoke in support of road. Packard - how close do you live Finn - a block or two.
Kelly Mcloughlin, 6245 Alverton Drive, 3/4 mile away from retail store. Feels that a fabulous job has been done with proposed plan. 90% of people are aware of plan and support.
Barbara Mercado, no address given. Spoke about crime report for last year (19 crimes reported - 3 residents not reported). Please consider ramifications of changing Master Plan. Concerned about the Boys and Girls Club using the park every day. Does not want park to be leased to Boys and Girls Club.
Packard - how close do you live to center. Two Blocks said Barabara.
Mr. Current expressed concerns relating to size of Stater Bros. Spoke in support of street adjacent to Boys and Girls Club - wants park surrounded by streets.
Spoke in support of road. Does not want Boys and Girls Club kids in park. Wants to have windows facing park from Trader Joe's. Kulchin - you don't want a drive-thru pharmacy? Mercado - controversial to master plan.
Sean Current, listen for address, came forwad to address Council. (sent a letter). Would like to see a majority of the original plan observed. This plan with no street and plan with a street was shown initiatlly.
Would like to see a compromise.
Bressi Ranch is unique in the design.
Unique layout
testingnow.
Patty Walters, 6320 Montecito Drive, Bressi Ranch, in favor of plan as designed.
Does not want the road.
Amanda Rodriguez, Bressi Ranch - about four blocks away. One of the last people to move into Bressi Ranch. Promises were made a year ago- relied on representations made by Lennar. Were shown original drawings not the new ones.
Promises were made and not been kept.
Lives on Towngarden Road - worry about traffic. Enthused by Mr. Katz concept of retractable bollards.
Second concern is allocation of the costs for the maintenance of the park across from Boys and Girls Club. Didn't know about plans until 3 days ago.
Packard - do you consider proposed plan walkable. Ms. Rodriguez - concerned about traffic congestion.
Randall Mason, 6329 Encanto Drive, 3 blocks away from park, came forward to address Council. Expressed concerns relating appearance of retail strip mall. Wants to see the Boys and Girls Club in a downtown community not in a strip mall.
Harry Grove, 2681 Alameda Circle, came forward to address Council. Would like to see some of the ideas relating to noise and trash addressed. Was not aware of the number of kids that would be attending the Boys and Girls Club. Concern is with safety and would like to see road put in as was on the origninal concept road.
Brian Grove, 2644 Bressi Ranch Way, came forward to address Council. Spoke in favor of original concept plan.
Close PH at 9:05 p.m.
Bill HOffman, Hoffman Planning and Engineering, Pasteur Ct., Carlsbad, on behalf of applicant. Mr. Hoffman commented that the concept plan - was never intended to be Precise Development Plan. No precise development plan - no grading plan.
Removal of Street on east side of park - there was never a street approved at that location. The only street every presented was on the concept plan. Opinion is there is not a need and there are safety concerns. Pedestrian pathway promotes more pedestrian activity.
Traffic Engineer looked at street with or without street near Boys and Girls Club. Trader Joe's - an added entry per Planning Commission condition. Trader Joe's is providing an outdoor eating area across from the park.
Jeff of LNR, came forward to address Council (the applicant). Provided noticing materials to HOA - 120 people attended two meetings (lasted hours). Met with Mulberry Community regarding noise. Met with Mr. Katz - made a reasonable attempt to inform the public. In master plan the anchor store is larger than actual Stater Brothers. No signage from Stater Brothers - in conformance with sign ordinance. Intentionally brining Stater Bros. trucks up the south way. Noise conditions will be adhered to consistent with Mulberry.
Kulchin confirmed that developer met twice with HO groups. Applicant said yes. Kulchin - 6 foot property wall along western property boundary - also a 10 foot wall on dock edge for noise mitigation. Trucks will be turned off. Kulchin - what about trash and lighting specific to Mulberry. Jeff of LNR - lights will be shielded down and away. Good practices would be incorporated. Kulchin - tell me about the paseo. LNR - intends to put a 10 foot paseo with lighting (pedestrian scale) decorative pole - up and down Finnila and Town Garden - every 30 or 40 feet a part.
Nygaard - on Finnila Way - photos coming into Trader Joes minus landscaping. Jeff of LNR - gave details of proposed landscaping - there will be trellis and hedge there will be plants and a double row of trees (standard street trees).
Nygaard - size of trees that will be placed in development. Jeff of LNR - current plans call for 24" box trees.
Lewis - confirmed meetings with hoa's and Mr. Katz. Mr. Katz present at HOA meeting - met in office and acouple of times on the phone. Also met in park on the street.
Lewis - did Katz want project re-designed? Jeff of LNR - and confirmed.
Hall - questions regarding walkability of area towards Stater Brothers. Jeff of LNR - strive for wide sidewalks up and down Finnilla and Town Garden. Plaza experiences.
Nygaard - on Town Garden Road - the walkway is fronted on the street on both sides. Move bank across from proposed drug store? Jeff at LNR - difficult due to primary park fields.
Lewis - question of Police Chief regarding circulation. Chief Zoll - Captain Shipley and Chief stated that there would be excellend visibility. With paseo being lit in the back no problem for PD.
Kulchin confirmed that Trader Joes has added an entrance facing the park as well. Mr. Jeff from LNR stated there would also be seating and porch area.
Lewis - in reference to pharmacy being open 24 hours. Mr. Jeff from LNR - said drive through must be closed at 11:00 p.m. Pharmacy's preference would be to open 24 hours.
Mr. Sipiora of Boys and Girls Club called forward to address maintenance in park. Lewis - it's a private park open to the public.
Sipiora stated that 200 kids would not be allowed in the park - would be groups of 10 or 20 not the 200. Kids are taught to be responsible individuals. Will the Boys and Girls Club be participating in the maintenance of the park. Lewis asked CA about park being open to the public. Ball - we would need to look at the scope of the open space easement. Also the CC&R's contemplated the park.
Can another party be conditioned to participate in the fair share of the maintenance of park.
Confirmed only commercial buildings before Council.
Nygaard - how long have you been trying to develop property? Jeff of LNR - said 3 to 5 years Nygaard - if truly walkable and no anchor stores - could you market the property? Jeff of LNR - said probably not.
Per Jeff at LNR - visisbility is an issue as well. Lewis - could condition developer to contribute to maintenance costs of the park. Lewis would like staff to look at this and get the information back to Council. Hall - would question if HOA has agreements for maintenance. Jeff at LNR - not sure how to work it out with existing tenants. Packard - asked Ball - what is difference between this type of situation than privately owned streets with public access. Ball - private street is meant to serve private individuals. This situation contemplates that other members of the public will be using the park. Packard - public use of park was anticipated in beginning? Westman - that is correct.
Lewis suggest that item is continued to next week . . . . Kulchin would like to make decision tonight. Nygaard - can go forward this evening. Packard - have a few questions. Hall - tonight.
Kulchin - not sure how much money we are talking about. Ball stated decision is needed to continue or address all. Nygaard - this is unusual situation - HOA owns the park but open to public. Would like to answer question about park. Ball - explained that would not be final until entire item brought back. Patchett asked for key areas that they would like staff to address.
Hall - commented that this is not our park - will be subject to information recievied - could be difficult.
Hall - stated that park was CC&R's. Bill with LNR - could live with condition to enter into HOA with fair share of maintenance of park.
Ball - if Council is desirous of condition - we could assist with agreement.
Nygaard - concern regarding store fronts on town garden road - can we condition store fronts to be main entrances or always remain open? Christer - by limiting delivery hours Council could apply a restriction through CC&R's to Patchett - maybe a condition or goal is to make primary entrance adjacent to street. Ball - when Council is finished documents to be returned to CA office for memorialization.
Ball - repeat condition on store fronts. Patchett - business entrance would primarily be on street. Packard - in support of proposal. Hall - concur with colleague's statements. Question of safety was topic. Kulchin - concur with colleague's also. Lewis - also pleased with project.
Packard - the noise conditions relating to A-K list - does this accomplish City needs? Westman - yes - staff is satisfied. Ball - would like to look at conditions to ensure legally enforcable. Packard - validity of the EIR? Christer - staff is comfortable with EIR.
Lewis - if noise exceeds expectations - how will we enforce noise control. Christer - would be a matter of code enforcement. Ball - if condition is crafted properly - new conditions can be added to mitigate noise. Lewis - did PC agree not to have a road? Christer - yes. Lewis - lighting regarding shields Christer - a lighting plan must be submitted.
Council Comments - Nygaard - the developer has done a pretty good job on the project.
Vote to Approve 17. AB #19,160- BRESSI RANCH VILLAGE CENTER. To consider approving a Site Development Plan (SDP 06-17) on 14.15 acres of land subdivided into 8 commercial lots for the development of 122,800 square feet of commercial retail space within 12 buildings which include a 43,830 square foot grocery store and 12,000 square foot specialty food store, generally located south of Gateway Road, west of El Fuerte Street, north of Bressi Ranch Way, and north of Paradise Road. Resolution No. 2007-238. ACTION: (Approved)
Motion to Approve 17. AB #19,160- BRESSI RANCH VILLAGE CENTER. To consider approving a Site Development Plan (SDP 06-17) on 14.15 acres of land subdivided into 8 commercial lots for the development of 122,800 square feet of commercial retail space within 12 buildings which include a 43,830 square foot grocery store and 12,000 square foot specialty food store, generally located south of Gateway Road, west of El Fuerte Street, north of Bressi Ranch Way, and north of Paradise Road. Resolution No. 2007-238. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
As Amended.
Council Reports.
Adjourned at 10:16 p.m.
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