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HomeMy WebLinkAbout1998-09-08; City Council; Minutes (2)0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 8,1998 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 605 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, and Hall APPROVAL OF MINUTES: On motion by Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously approved as presented: Minutes of the two Special Meetings held on August 25, 1998. PRESENTATIONS: Mayor Lewis presented a Certificates of Appreciation to Outgoing Library Board of Trustee Members, Dr. Thomas Curtin and Jamie McCann. Mayor Lewis explained that he did not have the proclamation for Constitution Week, at this time. The Mayor apologized to Martha Gujda, Regent of the Santa Margarita Chapter of the National Society of the Daughters of the American Revolution, and stated that the proclamation would be presented at the next meeting on September 15, 1998. CONSENT CALENDAR: Items #1 and #3 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar, Items #I through #8 with the exception of Items #I and #3, as follows: AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,830 - ACCEPTANCE OF A DONATION. This item was removed from the Consent Calendar. 2. AB #14.831 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF ELIAS MARTINEZ. Council adopted RESOLUTION NO. 98-295, approving the Stipulations with Request for Award which authorizes payment to Elias Martinez. 0 0 September 8,1998 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 3. AB #14,832 - REPORT ON THE SETTLEMENT OF LAWSUIT ENTITLED SUNDT CORP. V. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION. ET AL. This item was removed from the Consent Calendar. 4. AB #14,833 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of July 3 1, 1998. 5. AB #14.834 - AWARD OF CONTRACT FOR THE WIDENING OF A PORTION OF Council adopted RESOLUTION NO. 98-296, accepting bids and awarding a contract to Castello Inc. for the widening of Palomar Airport Road from El Camino Real westerly along the County Airport frontage, and for the construction of an access road to the County Animal Shelter. PALOMAR AIRPORT ROAD - PROJECT NO. 3286. 6. AB #14,835 - APPROVAL OF 1998-99 SUBRECIPIENT AGREEMENTS. Council adopted RESOLUTION NO. 98-297, approving the 1998-99 Subrecipient Agreements for federal Community Development Block Grant funds with Brother Benno’s Foundation, Casa de Amparo, Catholic Charities, Community Care for Adults, Community Resource Center, Fraternity House, Inc., Heartland Human Relations, Hospice of the North Coast, Lifeline Community Services, Meals on Wheels Greater San Diego, North County Council on Aging and Women’s Resource Center. 7. AB #14,836 - RESOLUTION SUSTAINING THE DECISION OF THE APPEALS PANEL FOR COMMUNITY FACILITIES DISTRICT NO. 1. Council adopted RESOLUTION NO. 98-298, sustaining the decision of the Appeals Panel and clarifying the language of the rate and method of apportionment of special taxes for Community Facilities District No. 1. 8. AB #14,837 - APPROVAL OF A MITIGATED NEGATIVE DECLARATION, MITIGATED MONITORING AND REPORTING PROGRAM AND DESIGN SERVICES AGREEMENT Council adopted RESOLUTION NO. 97-299, approving a mitigated negative declaration, a Mitigated Monitoring and Reporting Program, and an agreement with O’Day Consultants, Inc., for design services for the extension of Faraday Avenue to future Cannon Road. FOR FARADAY AVENUE EXTENSION - PROJECT NO. 3593. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #14,830 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 98-294, accepting a donation fi-om the Carlsbad Arts Associates for the artist designed gates at the Sculpture Garden, and for expenses for the new Carlsbad Gallery. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 3. AB #14,832 - REPORT ON THE SETTLEMENT OF LAWSUIT ENTITLED SUNDT CORP. V. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, ET AL. By consensus, Council continued this item for one week as requested by City Attorney, Ron Ball. 0 0 September 8,1998 CITY COUNCIL Page 3 ORDINANCE FOR ADOPTION: 9. AB #14,838 - LA COSTA LUCKY SAV-ON SHOPPING CENTER - ZC 97-2. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO . NS-455, amending Title 21 of the Carlsbad Municipal Code, by an amendment to the Zoning Map to grant Zone Change, ZC 97-02, to change land use designations from PC to C-1-Q and from C-2 to C-1-Q, for the development of a neighborhood commercial shopping center on property generally located north of La Costa Avenue and east of El Camino Real in Local Facilities Management Zone 6. AYES: Finnila, Nygaard, Kulchin, and Hall NOES: Lewis Mayor Lewis stated that he had voted against this project for the reasons he had previously given at the meeting of August 4, 1998. PUBLIC COMMENT: There were no requests to address the Council. PUBLIC HEARINGS: 10. AB #14.839 - ZC 97-8LCPA 97-12 - MAY SUBDIVISION AND APPEAL OF PLANNING COMMISSION DECISION RE CT 97-24/SDP 98-5/CP 97-58. Mayor Lewis opened the duly noticed public hearing at 6:34 p.m., and issued the invitation to speak. Matt Peterson, Attorney at Law, 530 B Street, Suite 1700, San Diego, representing the applicant stated this project would not increase density, not significantly increase traffic, and would have little or no effect on circulation around the neighborhood. Mr. Peterson pointed out the proposed subdivision is consistent with the General Plan. He indicated that his client is obligated to put in curbs, gutters, and sidewalks which will provide safer movements for pedestrians. Mr. Peterson stated his client's belief that this project offers a logical transition to the surrounding neighborhood, and requested Council to find in favor of the applicant. Herb Palmtag, 110 Juniper, San Diego, who had recently purchased the May property, stated in response to Council inquiry, that the prices of the homes have not yet been determined. He further stated that designs have not been finalized but the proposed product will probably range from 3,000 to 3,600 square feet and be in an approximate price range from the high $400,000'~ to the high $500,000'~. Mr. Palmtag stated that he had met with the surrounding neighbors already to discuss their concerns regarding design, price, size, lot configuration, and quality of the proposed project. Joe Collins, 4001 Sunnyhill Drive, Carlsbad, representative of the residents who filed the appeal, stated their objections to the zoning changes, expressed concerns regarding traffic, and asked the City Council to address traffic problems as soon as possible. Mr. Collins expressed concerns about small lots abutting large lots, as well as tract home versus custom homes, and the possible devaluation of the larger properties with custom homes. Mr. Collins distributed a proposed alternate configuration for the property, with two fewer lots, and larger minimum lot size, and distributed petitions in support of the appeal. (Copies on file in the City Clerk's Office.) Mr. Collins asked the City to uphold the appeal. 0 0 September 8,1998 CITY COUNCIL Page 4 PUBLIC HEARINGS: (Continued) AB #14,839 (Continuedl Gordon Prentice, 3955 Monroe Street, Carlsbad, stated his property, a 29,000 square foot lot, is one of the last estate sized lots left in the Carlsbad Highlands. He expressed concern for the proposed configuration of some of the lots, and stated that he would prefer to see larger homes, to protect the value of the surrounding properties. He also expressed concerns regarding pedestrian safety and encouraged the construction of sidewalks, gutters, and curbs as soon as possible on Monroe Street to Sunnyhill Drive. William Teaman, 3966 Monroe Street, Carlsbad, expressed his concerns regarding traffic safety in the area, and stated that he feels the lots should be held to a minimum of 10,000 square feet, with no 7,500 square foot lots. He also expressed his objection to the inclusion of the two affordable housing units. He agreed that the construction of sidewalks, curbs, and gutters in the area should be encouraged. Susan Ortman, 3965 Monroe Street, Carlsbad, expressed concern regarding the disruption of a unique area with old city atmosphere which will result from the construction of 16 new two-story houses, each in excess of 3,000 square feet, in this area of the city. Floyd Packard, 4005 Sunnyhill Drive, Carlsbad, expressed concerns regarding zone changes and the proposed lot configurations. He requested that the rights of the adjoining property owners be protected. Pamela Wischkaemper, 4039 Sunnyhill Drive, Carlsbad, stated her concerns regarding the increasing traffic on Sunnyhill Drive and Alder Street, and the imminent dangers for the safety and welfare of pedestrians as well as automobile drivers in that area. She pointed out that sidewalks should be constructed all the way to the corner and not just immediately in front of the project. Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7: 14 p.m. Matt Peterson, representing the applicant, stated the applicant has no desire to increase the density in order to pick up an extra lot or two, as has been suggested during testimony. He further stated the proposed layout is fundamentally sound and is compatible with the surrounding area. In response to the suggestion of a continuance, Mr. Peterson stated this is a critical stage and time is of the essence. Any further delay may preclude the inclusion of this project in the next LCP update and would result in costly impacts to the client. He again urged Council to uphold the approval of the Planning Commission and deny this appeal. Council discussed the traffic issues and safety concerns raised by the citizens, including the speeding problems and lack of sidewalks in the area, the alternate configuration proposed by Mr. Collins, and that proposed by the applicant. ACTION: Motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- - 456, amending Title 21 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 97-08, from R-1 and R-1-15,000 to R- 1 - 10,000 on property located on the comer of Park Drive and Monroe Street in Local Facilities Management Zone 1; and Adopted RESOLUTION NO. 98-300, approving a Mitigated Negative Declaration, an Amendment to the Local Coastal Program (LCPA 97-12) to amend the zone map portion thereof, and a change to the city’s zone map to change a portion of the map from R-1 and R-1-15,000 to R-1-10,000, on property generally located at the comer of Park Drive and Monroe Street, in Local Facilities Management Zone 1; and 0 a September 8, 1998 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) AB #14,839 (Continued) Adopted RESOLUTION NO. 98-301, upholding the Planning Commission decision to aprove the May Subdivision (CT 97-24/SDP 98-05/CDP 97-54) and denying the appeal; and Referred the issues of circulation, sidewalks, and pedestrian and vehicular safety in the area of Monroe Street, Sunnyhill Drive, and Alder Street to staff for review and monitoring, and referral to the Traffic Safety Commission as needed. AYES: Lewis, Finnila, Nygaard, and Kulchin NOES: Hall RECESS: Mayor Lewis declared a recess at 7:45 p.m. and Council reconvened at 7:54 p.m., with all Council Members present. PUBLIC HEARINGS: (Continued) 11. AB #14.844 - GPA 97-1/ZC 97-1LCPA 97-4 - GENERAL PLAN, ZONING AND LOCAL COASTAL PROGRAM CONSISTENCY PROJECT PHASE-1. By consensus, Council continued this item to the meeting of October 6, 1998, as requested by staff. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #14,840 - ANNUAL REVIEW OF CITY INVESTMENT POLICY. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98-302, approving the City’s revised investment policy as recommended by the City Treasurer. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 13. AB #14,841 - ANNUAL REPORT OF CITY INVESTMENT PORTFOLIO . ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the City Treasurer’s report on the status of the City’s investment portfolio. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 14. AB #14,842 - AWARD OF CONTRACT FOR CONSTRUCTION OF THE CARLSBAD SKATE PARK - PROJECT NO. 3597. By consensus, Council continued this item for one week, as requested by staff. 0 September 8, 1998 CITY COUNCIL Page 6 e DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15. AI3 #14,843 - AWARD OF CONTRACT FOR POINSETTIA PARK PHASE I-A IMPROVEMENTS - PROJECT NO. 3348. Principal Civil Engineer Walter Brown and Park Planning Coordinator Mark Steyaert presented the staff report, explaining the reasons for staffs recommendation to declare the bid of the Augustine Company non-responsive, and reported on the protest filed by the low-bidder because that the second low-bidder is registered as a sole proprietor rather than a corporation. Staff explained that the second low-bidder, R.E. Smith is in the process of changing their status with the State Contractors Board to corporate, which should be completed within two weeks. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98 -304, accepting bids and awarding a contract to R. E. Smith Engineering and Construction, Inc., for construction of the Poinsettia Park Phase 1-A improvements. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following event: Mayor and Council Member Candidate Briefing, to be held on Wednesday, September 9, 1998 at 2:OO p.m. at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub- committees of which they are members. Council Member Nygaard acknowledged the many supporters of the Summer Reading Program. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of September 8, 1998, was adjourned at 8:47 p.m. Respectfully submitted, Carol A. Cruise Minutes Clerk