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Home My WebLink About1997-04-08; City Council; Minutes0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 8,1997 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tern Finnila, Council Members Nygaard, Kulchin, and Hall ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: Carlsbad 5000 Sponsor Dinner, to be held on Saturday, April 12, 1997, at 6:30 p.m,, at Pea Soup Anderson’s, 850 Palomar Airport Rd., Carlsbad Carlsbad 5000 Race, beginning at 7:20 a.m., at Grand and Jefferson, Carlsbad. APPROVAL OF MINUTES: On motion of Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously approved as presented. Minutes of the Special Meeting held March 18, 1997. Minutes of the Regular Meeting held March 18,1997. PRESENTATION: Mr. Tim Murphy, Elite Racing, gave a presentation about the Carlsbad 5000, which will be held on Sunday, April 13, 1997. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar, Items # 1 through #6, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 99 l- AB #14,121- APPROVAL OF FINAL MAP FOR CT 89-39(A) - AVIARA PLANNING AREA - 12. Council adopted RESOLUTION NO. 97-427, approving the Final Map for Carlsbad Tract 89- 39(A). 0 0 April 8, 1997 CITY COUNCIL Page 2 99 2. AB #14.122 - APPROVAL OF FINAL MAP FOR CT 84-32(A), UNITS 1 & 2 - COBBLESTONE SEA VILLAGE. Council adopted RESOLUTION NO. 97-428, approving the final map for Carlsbad Tract 84- 32(A), Units 1 & 2. 26 3. AB #14,123 - ACCEPTANCE OF BUENA VISTA CHANNEL DREDGING - PROJECT NO. 45 2489. Council adopted RESOLUTION NO. 97-429, accepting the Buena Vista Channel Dredgmg as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with state law and city ordinances. 59 4. AB #14,124 - APPROVAL OF PURCHASE OF SIERRA PERMITS SOFTWARE AND 45 APPROVAL OF CONTRACT FOR IMPLEMENTATION CONSULTING SERVICES. Council adopted RESOLUTION NO. 97-430, authorizing the purchase of the Sierra Permits Plus Software; and RESOLUTION NO. 97-431, authorizing the Mayor to execute the contract between the City of Carlsbad and XD Consulting, to perform implementation consulting services for the PERMITS PLUS software system. 37 5. AB #14,125 - APPROVAL OF OUT OF THE COUNTRY TRAVEL FOR TWO CITY REPRESENTATIVES. Council adopted RESOLUTION NO. 97-432, authorizing Mayor Pro Tem Finnila and Arts Manager Connie Beardsley to attend the annual dedication of the opening of the Spring in Sister City Karlovy Vary, the Czech Republic, from April 29 to May 6,1997. 74 6. AB # 14,130 - APPROVAL OF REVISION TO POLICE SERGEANT JOB DESCRIPTION. Council adopted RESOLUTION NO. 97-438, revising the Police Sergeant job description. PUBLIC COMMENT: Guy Moore, 6503 El Camino Real, Carlsbad, talked about problems with Black Rail Court and the need to open it to Aviara Parkway. Scott Chasin, 4705 Marina Dr., # 10, Carlsbad, requested that the ticketing during street sweeping operations in Bristol Cove be halted until all City streets have the proper warning signs installed and are treated the same. PUBLIC HEARING: 13 7. AB #14,126 - APPEAL OF PLANNING COMMISSION DECISION REGARDING EMERALD RIDGE WEST - SDP 95-5(A)/HDP 95-6(A)/CDP 96-7. Mayor Lewis opened the duly noticed public hearing at 6:36 p.m. Mike Schlehuber, 2809 Atadero Ct., Carlsbad, appellant and member of the Housing Commission, gave a history of the project’s approvals and stated the Commission was not aware the project could be changed e 0 April 8, 1997 CITY COUNCIL Page 3 without Housing Commission approval. He urged Council to send this project back to the Planning Commission for approval on issues related to Planning and back to the Housing Commission for approval on issues related to affordable housing. He also urged that Council affirm that the Housing Commission has “standing” on affordable housing issues on any project over 50 units. Bob Ladwig of Ladwig Design Group, 703 Palomar Airport Rd., #300, Carlsbad, stated that while there is a maximum square footage of 640 sq. ft., allowed for a second dwelling unit, there is no minimum. He further stated that the second unit, in this project, meets the required 15% of the total square footage of the main house and urged that Council deny the appeal and reaffm the Planning Commission’s decision on this project. Kip McBane, Architect, 3042 Harding St., Carlsbad, representing the developer of Pacific View Estates, requested that Council make it clear (for the record) that this decision does not establish a precedent which will preclude the use of well designed, well located secondary units which meet all of the City standards to fulfill the City’s inclusionary housing requirements. Charles Gill, 600 W. Broadway, San Diego, representing UDC Homes, urged support of the staff recommendation and urged Council to deny the appeal, citing the lack of a preponderance of evidence for overturning the Planning Commission’s decision. Dennis Fertig, UDC Homes, 438 Camino del Rio South, San Diego, cited legal and economic restrictions and urged denial of the appeal. Kathleen Wellman, 7144 Aviara Dr., Carlsbad, citizen and Housing Commissioner, urged Council to uphold this appeal. David Bentley, 3573 Sunrise Dr., Tucson, AZ, one of the original developers of this project, stated that it was very clear to them that there would ultimately be some changes to the prototype, regarding square footage, and had used the 640 sq. ft., figure as a means to prove that a second dwelling unit of that size (or smaller) would fit in the design and also meet the inclusionary housing requirements. He stated, for the record, that the design was prototypical, the 640 square feet is a maximum, there is no minimum limit to the actual size of the unit and urged denial of the appeal. Since no one else wished to speak, Mayor Lewis closed the Public Hearing at 7: 12 p.m. ACTION: On motion by Council Member Nygaard, Council directed the City Attorney to prepare the necessary documents, upholding the appeal, approving the project on the condition that the second dwelling units conform to the previous approvals, and making the determination that the architecture is in substantial conformance; and Council directed staff to prepare a report explaining the current process, and suggestions for modifymg the process to prevent similar problems in the future. AYES: Lewis, Nygaard, and Kulchin NOES: Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:45 p.m. and reconvened at 7:55 p.m., with all Council Members present. 0 0 April 8, 1997 CITY COUNCIL Page 4 CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 7:56 p.m. and re-convened at 8:03 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 43 8. AB #14,13 1 - GRANTING THE APPEAL OF PLANNING COMMISSION APPROVAL FOR CONDITIONAL USE PERMIT CUP 96-19 - BRIGHTON GARDENS. Staff displayed two alternative designs concerning the roadway between Carlsbad Village Drive and Hosp Way. Alternative A provides that the roadway be a cul-de-sac off Carlsbad Village Drive with no through connection to Hosp Way. Alternative B provides that the roadway would connect, but would be designed in a more circuitous route. Ray McClave, D.D.S., 2630 El Camino Real, Carlsbad, urged the Council to approve Alternative Plan “A”, (the cul-de-sac), as a solution to the circulation issue in the Brighton Gardens project. A representative of Marriott Senior Living Services, 3 130 So. Harbor Blvd., #30, Santa Ana, urged the approval of Plan “A”. Dave Dunn, 1782 Terry Lynn Lane, Santa Ana, requested that the Previous Condition of Approval requiring an access way to Hosp Way, be removed, and Alternative Plan “A” be approved. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- - 439, granting the appeal on the limited issue of the circulation provisions and approving the project in other respects as set forth in Conditional Use Permit 96-19; approving Alternative Plan “A” in concept, and deletion of Conditions Nos, 26 and 27 from Planning Commission Resolution No. 4034. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 32 9. AB #14,127 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF BATIQUITOS DRIVE. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- - 403, establishing a 40 mile per hour prima facie speed limit upon Batiquitos Drive fiom Aviara Parkway to Kestrel Drive. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall // // // // // // // // m 0 April 8, 1997 CITY COUNCIL Page 5 57 10. AB # 14,128 -NEIGHBORHOOD AND COMMUNITY COMMERCIAL LAND USE STUDY. Rusty Grosse, 5850 Sunny Creek Road, Carlsbad, stated his objection to using categories to determine what needs to be constructed at a particular location. Mr. Grosse requested that staff re-do the study to eliminate the Site Specific aspects of the Tamarack and El Camino Real site and not make the assumption that community centers will not have any neighborhood services. Mr. Grosse stated that in his opinion, staff should have had some communication with the property owners, prior to the report being published. He also requested that the City abandon any idea of a shopping center at Tamarack and El Camino Real. Richard Landon, 4359 Country Club Lane, Long Beach, President of Major Market stated that his corporation is looking forward to coming to Carlsbad as the future anchor tenant in Mr. Grosse’s soon to be developed Sunny Creek Plaza. He stressed that if there is another grocery store, such as one at Tamarack and El Camino, he will be forced to abandon his plan to locate a Major Market at the Sunny Creek Plaza. ACTION: By consensus, Council accepted the staff study and determined that it should be discussed at a Council workshop. 77 11. AB #14,129 - GROWTH MANAGEMENT PLAN 10 YEARREPORT. By consensus, this item was continued to the meeting of April 15,1997. COUNCIL REPORTS AND COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of April 8, 1997, was adjourned at 10:02 p.m. Respectfully submitted, cLktL -4. Qy ALETHA L. RAUTENKRANZ, City Clerk