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Home My WebLink About1999-05-11; City Council; MinutesMINUTES 64 45 70 45 MEETING OF : CITY COUNCIL DATE OF MEETING: May 11,1999 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6.00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Absent: Mayor Lewis, Council Members Finnila and Nygaard Mayor Pro Tern Hall and Council Member Kulchin APPROVAL OF MINUTES: Approval of the Minutes of the Regular Meeting held April 20, 1999, was continued for one week. PRESENTATION: Mayor Lewis presented a Proclamation in recognition of Brother Benno’s Second Hand Sock Drive, May 16-24, 1999, to Robbie Furman. CONSENT CALENDAR: ACTION: On motion by Council Member Finnila, Council affirmed the action of the Consent Calendar, Items # 1 through #3. AYES: NOES: Lewis, Finnila, Nygaard None WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. Al3 #15,176 - APPROVAL OF A CONSULTANT AGREEMENT WITH BERRYMAN & HENIGAR FOR ENGINEERING SERVICES FOR STREET LIGHTING AND MEDIAN LANDSCAPE DESIGN. PROJECT NOS. 36161 AND 36371. Council adopted RESOLUTION NO. 99-159, approving a consultant agreement with Berryman & Henigar for engineering services required for Phases I and II, for street lighting and median landscape design on Alga Road, and median landscape design only on Altisma Way from Alicante Road to Caringa Way. 2. AB #15.177 - AMENDMENT TO CONSULTANT AGREEMENT WITH MOFFA’IT AND NICHOL ENGINEERS. INC. FOR DEVELOPMENT OF AN OPPORTUNISTIC SAND PROGRAM. Council adopted RESOLUTION NO. 99-160, approving a ratification of extension and Amendment No. 1 to the agreement with Moffatt and Nichol Engineers, Inc., for engineering services for preparation of Carlsbad’s Opportunistic Sand Program. May 11,1999 CITY COUNCIL Page 2 3. AI3 #15.178 - UPDATE ON SANDAG REGIONAL BEACH SAND PROJECT. Council accepted the report on the SANDAG Regional Beach Sand Project. ORDINANCES FOR ADOPTION: 99 113 4. AB #15,179 - MP 177(X)/LCPA 97-ll/CT 97-2O/PUD 97-17/GDP 97-51 - CRISTALLA - AVIARA PA 23. ACTION: On a motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-474, adopting the Aviara Master Plan Amendment, relative to the Cristalla Aviara PA 23, to allow the construction of a 61 unit single-family airspace condominium, on property generally located north of Aviara Parkway, east and west of Black Rail Road in the Southwest Quadrant. AYES: Lewis, Finnila, Nygaard NOES: None 67 5. AB #15,180 - REPEAL AND RE-ENACTMENT OF ORDINANCE REGULATION SKATEBOARDING AND ADDITION OF REOUIREMENT FOR SAFETY EOUIPMENT AT SKATEBOARD PARR. ACTION: On a motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-475, repealing and re-enacting Title 10, Chapter 10.58 of the Carlsbad Municipal Code, regulating skateboarding and adding the requirement for safety equipment at Skateboard Park. AYES: Lewis, Finnila, Nygaard NOES: None PUBLIC COMMENT: Thelma Hayes, 580 Laguna Drive, expressed her concerns about the need for sidewalks to promote safe routes for children to walk to and from schools. She asked that Council consider, in the 1999-2000 Budget, adding funding to complete some or all of the outstanding pedestrian safety needs, especially near each school in the City. PUBLIC HEARINGS: 99 6. AB #15,181 - ZC 98-02/LCPA 98-Ol/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DEJONG 113 RESIDENTIAL PROJECT. Council Member Nygaard inquired as to when the improvements to Poinsettia Lane would be constructed. Bob Wojcik, Principal City Engineer, responded, utilizing a map (a copy is on file in the Office of the City Clerk) showing seven segments labeled “A-G” from Aviara Parkway to El Camino Real. He explained that most segments will begin construction within a year of project approvals, that three segments are complete, three segments are now on designated construction timelines, including segment “C”, the DeJong segment. He also stated that there are no plans yet for “E” the Maldonado segment. Mayor Lewis opened the duly noticed Public Hearing at 6:27 p.m. May 11,1999 CITY COUNCIL Page 3 Jack Henthorn, of Jack Henthom and Associates, 543 1 Avenida Encinas, representing the applicant, the Arie De Jong, Jr. Family Trust, asked that Council follow staffs recommendation and approve the project. Seeing no one else wishing to testify, Mayor Lewis closed Public Hearing at 6:29 p.m. ACTION: On motion by Council Member Finnila, Council introduced ORDINANCE NO. NS-481, amending section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 98-02 from L-C to R-1-7,500-Q and OS on Property generally located at the northeast comer of the intersection of Black Rail Road and future Poinsettia Lane in Local Facilities Management Zone 20; and, adopted RESOLUTION NO. 99-161, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Variance to change the land use designation from Limited Control (L-C) to One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R- l- 7,500-Q) and Open Space (OS), and to create 28 residential lots and 2 open space lots, on 33.4 acres on property generally located on the northeast comer of the intersection of Black Rail Road and future Poinsettia Lane, in Local Facilities Management Zone 20. AYES: NOES: Lewis, Finnila, Nygaard None. 99 113 7. Al3 #15,182 - EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09A4P 174(B)/ LFMP 87-08(B)/CT 97-16/HDP 97-17/GDP 97-43/PUD 99-02 - KELLY RANCH. The staff report was presented by Associate Planner Christer Westman, who also presented an Errata Sheet, dated May 11, 1999, containing staff recommended revisions to project documents. Mr. Westman explained the recommendations as follows: 1.) That Planning Area F be established as open space (OS) in its entirety; 2.) That the number of lots be reduced from 179 to 178; 3.) That lot 162, rather than lot 179, be restricted to day care use; and 4.) That condition No. 3 1 of Planning Commission Resolution No. 4497 be deleted. Mayor Lewis opened the duly noticed Public Hearing at 6:40 p.m. Larry Clemens, representing the applicant, Kelly Land Company, 20 11 Palomar Airport Road, Suite 206, gave a history of the development as well as features planned into the community: the establishment of a Nature Center of the Agua Hedionda Lagoon Foundation; a combined marketable and affordable housing plan; wildlife corridors and wetland space; and the timely completion of Cannon Road. Mr. Clemens also expressed support for the amendments contained in the Errata Sheet. Bob Richards, 4615 Park Drive, President of the Agua Hedionda Lagoon Foundation, stated that he supports the project because the issues contained in the Environmental Impact Report have been addressed, and because the number of units allowed by the project has been decreased. He also expressed thanks for the donation of the building for the Nature Center by the Kelly Land Company. Seeing no one else wishing to testify, Mayor Lewis closed Public Hearing at 7:04 p.m. 114 May 11,1999 CITY COUNCIL Page 4 ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 99-162, certifying an Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development, to rescind the Kelly Master Plan and replace it with Standard Zoning, and to allow subdivision of 174 acres into 155 single-family residential lots, 4 multi-family residential lots, several open space and recreational lots, and lots for recreational vehicle storage, child care and lagoon information center, on property generally located south of Park Drive, west of El Camino Real and north of Faraday Avenue in Local Facilities Management Zone 8; as amended by the Errata Sheet, dated May 11, 1999, as follows: 1. The first sentence of Condition No. 24 of Planning Commission Resolution No. 4497 shall be revised to refer to 178 lots versus 179 lots. 2. Condition No. 28 of Planning Commission Resolution No. 4497 shall be revised to state that a deed restriction shall be placed on a portion of lot No. 162 versus lot No. 179 limiting it’s use to day care. 3. Condition No. 3 1 of Planning Commission Resolution No. 4497 shall be deleted; and, introduced ORDINANCE NO. NS-482, approving a Zone Change to redesignate property within the 433 acre Kelly Ranch from Planned Community (PC) to one family R- 1 and R- 1 -Q, multiple-family R-3-Q, Residential Density Multiple RD-M-Q, Qpen Space (OS), and residential professional R-P-Q; as amended by the Errata Sheet, dated May 11, 1999, to revise Exhibit ZC 97-07, to establish Planning Area F as open space in its entirety; and, introduced ORDINANCE NO. NS-483, approving a Zone Code Amendment and Local Coastal Program Amendment to repeal Section 21.38.160 of the Carlsbad Municipal Code relating to Development Requirements in Kelly Point and Macario Canyon; as amended by the Errata Sheet, dated May 11,1999, to revise Exhibit LCPA 97-09 to establish Planning Area F as open space in its entirety; and, introduced ORDINANCE NO. NS-484, adopting a Master Plan Amendment to repeal the Kelly Ranch Master Plan.. AYES: NOES: Lewis, Finnila, Nygaard None. 8. AB #15.183 - ZCA 98-O l/ZC 99-03/LCPA 98-05 - COMMERCIAL/VISITOR SERVING OVERLAY ZONE. Due to Council Member Nygaard’s possible conflict of interest, which would result in the lack of a quorum, the matter was continued for one week. RECESS: Mayor Lewis declared a recess at 7:ll p.m. Council reconvened at 7:14 p.m. with three Council Members present and Mayor Pro Tern and Council Member Kulchin absent. e May 11,1999 CITY COUNCIL Page 5 ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7: 14 p.m. Council reconvened at 7: 15 p.m. with Mayor Lewis, Council Members Finnila and Nygaard present and Mayor Pro Tern Hall and Council Member Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 72 9. AB#15,184 - ESTABLISHMENT OF NO PARKING ZONE ON WEST SIDE OF CARLSBAD BOULEVARD FROM SHORE DRIVE (SOUTH) TO A POINT 345 FEET SOUTHERLY OF MANZANG DRIVE. Council Member Nygaard inquired if the Police would have any objections to changing the time from 11:OO p.m. to 12 midnight to allow longer use of the beach area. Traffic Engineer Bob Johnson and Police Captain Don Metcalf agreed that the change from 11:OO p.m. to 12 midnight would be suitable because the intent of the Ordinance is to stop overnight parking and concurrent disturbances along the beach. ACTION: On a motion by Council Member Finnila, Council introduced ORDINANCE NO. NS-486, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, by the revision of Section 10.40.041, to establish a no parking zone from 11:OO p.m. to 5:00 a.m., on the west side of Carlsbad Boulevard from Shore Drive (South) to a point 345 feet southerly of Manzano Drive, as amended to change 11:OO p.m. to 12 midnight. AYES: NOES: Lewis, Finnila, Nygaard None. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following event: Library Volunteers Recognition Event, Friday, May 14, 1999, at 5:30 p.m., Carlsbad Senior Center, 799 Pine Avenue, 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. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None May 11,1999 CITY COUNCIL e Page 6 ADJOURN-RENT: By proper motion, the Regular Meeting of May 11,1999 was adjourned at 7:30 p.m. Respectfully submitted, Lorraine M. Wood Deputy City Clerk