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Home My WebLink About1999-05-18; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 18,1999 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: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, Kulchin Absent: None. LEGISLATIVE INVOCATION was given by Pastor Dwayne Edwards of the Las Flores Church of the Nazarene. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, the Minutes of the following meeting were approved as presented: Minutes of the Regular Meeting held April 20, 1999. AYES: - Hall, Finnila, Nygaard NOES: None ABSTAIN: Lewis, Kulchin PRESENTATION: Mayor Lewis designated May 16-22, 1999, Public Works Week and presented a Proclamation to Lloyd Hubbs, Director of Public Works. CONSENT CALENDAR: Item # 3 was removed from the Consent Calendar. Council Member Kulchin abstained fi-om Item #9 due to a possible conflict of interest. ACTION: On motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #1 through #12, with the exception of Item #3 as follows: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ABSTAIN: Kulchin-Item #9 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. May 18,1999 CITY COUNCIL Page 2 1. AB #15,185 - ACCEPTANCE OF CARLSBAD SKATE PARK CONSTRUCTION - PROJECT NO. 3597. Council adopted RESOLUTION NO. 99-164, accepting the construction of the Carlsbad Skate Park as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 2. AB #15,186 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE AVIARA PARKWAY AND POINSETTIA LANE TRAFFIC SIGNAL - PROJECT NO. 3588. Council adopted RESOLUTION NO. 99-165, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of a traffic signal at Aviara Parkway and Poinsettia Lane. 3. AB #15,187 - AWARD OF CONTRACT FOR CARLSBAD BOULEVARD BIKE LANE, PROJECT NO 3 5 9 1. This item was removed from the Consent Calendar. 4. AB #15.198 - FINAL MAP FOR CARLSBAD TRACT 96-08 - CENTERSTONE. Council adopted RESOLUTION NO. 99-167, approving the final map for Centerstone. 5. AB #15,199 - AMENDING MANAGEMENT CLASSIFICATIONS, RECLASSIFYING PUBLIC WORKS POSITIONS AND AMENDING THE CONFLICT OF INTEREST CODE. Council adopted RESOLUTION NO. 99-168, replacing and deleting current management classifications, reclassifying nine Public Works positions; and amending the Management Salary Structure and Conflict of Interest Code to reflect the changes. 6. AB #15,200 - APPROVAL OF OUITCLAIM OF OPEN SPACE EASEMENT - RANCHO CARRILLO VILLAGE "J" - PR 99-1 7. Council adopted RESOLUTION NO. 99-169, approving the quitclaim of portions of an existing Open Space Easement, originally dedicated as part of Rancho Carrillo Village "J," to Shea Homes Limited Partnership. 7. AB #15.201 - APPROVAL OF ARTS COUNCIL GRANT APPLICATION. Council adopted RESOLUTION NO. 99-170, approving an application to the California Arts Council for a Local Arts Education Partnership Grant, to fund development of a long-range arts education plan with the Encinitas Unified School District. 8. AB #15.202 - FINAL MAP FOR CARLSBAD TRACT 97-10 - POINSETTIA PROPERTIES. Council adopted RESOLUTION NO. 99-171, approving the final map for Poinsettia Properties. May 18,1999 CITY COUNCIL Page 3 9. AB #15.203 - APPROVAL OF SUPPLEMENT NO. 030 TO STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5308. Citing possible conflict of interest Council Member Kulchin abstained from this item. Council adopted RESOLUTION NO. 99-172, approving Supplement No. 030 to State and Local Transportation Partnership Program Master Agreement No. SLTPP-5308, to provide finding for various transportation projects. 10. AB #15.204 - APPROVAL OF OUITCLAIM OF WATER PIPELINE EASEMENT - CARLSBAD RANCH. UNITS 2 AND 3 - CT 94-09. CMWD PROJECT NO. 94-504. Council adopted RESOLUTION NO. 99-173, approving the quitclaim of a Water Pipeline Easement over a portion of Lot 17, Carlsbad Ranch Units 2 & 3, to Carlsbad Estate Holding, Inc. 1 1. AB #15,205 - APPROVAL OF QUITCLAIM OF WATER PIPELINE EASEMENT - HOTALING LANDS - CMWD PROJECT NO. 98-C.OON. Council adopted RESOLUTION NO. 99-174, approving the quitclaim of a Water Pipeline Easement over a portion of Parcel 1, Lot 1, Tract 57 of Hotaling Lands, to Ada Allen. 12. AB #15.206 - APPROVAL OF CONTRACT FOR BUILDING PLAN CHECK SERVICES. Council adopted RESOLUTION NO. 99-175, approving an agreement with ESGIL Corporation for building plan check services. ITEM REMOVED FROM THE CONSENT CALENDAR: 3. AB #15,187 - AWARD OF CONTRACT FOR CARLSBAD BOULEVARD BIKE LANE. PROJECT NO 359 1. Mike Werner, P. 0. Box 1400 Carlsbad, expressed his concerns about the condition of the bike lane and he stated his support for the improvements to be provided by this project. ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- 166, accepting bids and awarding a contract to Lee P. Shelberg DBA New Century Construction for the construction of the Carlsbad Boulevard Bike Lane. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. May 18,1999 CITY COUNCIL Page 4 7 2 13. AB #15,212 - ESTABLISHMENT OF NO PARKING ZONE ON WEST SIDE OF CARLSBAD FROM SHORE DRIVE (SOUTH) TO A POINT 345 FEET SOUTHERLY OF MANZANO DRIVE. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted 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 12:OO midnight to 5:00 a.m., on the west side of Carlsbad Boulevard fi-om Shore Drive (South) to a point 345 feet southerly of Manzano Drive. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 9 9 14. AB #15.213 - DEJONG RESIDENTIAL PROJECT - ZC 98-02lLCPA 98-011CT 98-05/HDP 98- 113 03/CDP 98-26N 98-04. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS- 481, amending Section 21.05.030 of the Carlsbad Municipal Code by amending the Zoning Map to grant a zone change from Limited Control (L-C) to One- Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500-Q) and Open Space (OS), on 33.4 acres of 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: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 9 9 15. AB #15,2 15 - KELLY RANCH - ZC 97-07lZCA 99-03/LCPA 97-09/MP- 174(B)/LFMP 87- 113 081B)ICT 97-1 6/HDP 97-1 7lCDP 97-43lPUD 99-02. 114 Council Member Kulchin, citing possible conflict of interest, abstained fi-om this item. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS- 482, approving an amendment to the Zoning Map to grant a zone change to redesignate property within the 433 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), and Open Space (OS), on property generally located south of the Agua Hedionda Lagoon, east of Macario Canyon, in Local Facilities Management Zone 8; and adopted 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 the development requirements in Kelly Point and Marcario Canyon; and adopted ORDINANCE NO. NS-484, approving a Master Plan Amendment MP- 174(B), to repeal the Kelly Ranch Master Plan, for property generally located south of Agua Hedionda Lagoon, east of Macario Canyon, in Local Facilities Management Zone 8. AYES: Lewis, Hall, Finnila, Nygaard NOES: None. ABSTAIN: Kulchin May 18,1999 CITY COUNCIL Page 5 PUBLIC COMMENT: None. PUBLIC HEARINGS: 113 16. AB #I 5.207 - SP 23 0 - CARLSBAD CORPORATE PLAZA. Christer Westrnan, Associate Planner, presented the staff report and responded to Council inquiry, explaining that Medical and Dental office uses would require additional parking. Mayor Lewis opened the duly noticed Public Hearing at 6:20 p.m. Donald Morton, 703 Palomar Airport Road, Suite 250, representing the applicant, Carlsbad Corporate, LLC, stated that the request before the Council was to approve the specific allowed uses for this Specific Plan. He stated that there had been no change in design, parking or circulation requirements. He also stated that he understood the parking restrictions placed on Medical and Dental offices. Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 6:23 p.m. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-487, amending the Carlsbad Corporate Plaza Specific Plan to establish allowed uses and development standards for previously approved office buildings, on property generally located south of Paseo Del Norte and west of Camino Del Parque in Local Facilities Management Zone 4. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 99 17. AB #15.208 - CT 98-15lCP 98-08fSDP 98-17 - RANCHO CARRILLO VILLAGE B - PHASE 113 11. - Van Lynch, Assistant Planner, gave an overview of the project, including the request to reduce the street width from 30 feet to 24 feet, and to reduce the setbacks for five units from 20 feet to 5 feet. Mayor Lewis opened the duly noticed Public Hearing at 6:27 p.m. Mike Howes, Hoffman Planning, 5900 Pasteur Court, Suite 150, representing the applicant, Continental Ranch, Inc., stated that the development meets or exceeds the city standards with the exception of the driveway and setback modifications, and will provide the affordable housing units for Rancho Carrillo. He indicated that these changes would provide more green areas and pedestrian circulation and that the changes had been reviewed by the Engineering and Fire Departments. In response to Council inquiry, Mr. Howes stated that the school will be ready in September, before families move in to Village B, that buyers will be informed that their children will attend San Marcos schools, and that Village B will be assessed as a Mello Roos District by the School District. Seeing no one else wishing to testifi, Mayor Lewis closed the Public Hearing at 6:35 p.m. May 18,1999 CITY COUNCIL Page 6 ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- 176, approving a Tentative Map, Condominium Permit, and Site Development - Plan, to allow development of a one lot subdivision with 124 multi-family attached condominium units on property generally located south of Palomar Airport Road and East of Melrose Drive, in Local Facilities Management Zone 18. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 114 18. AB #15.183 - ZCA 98-01/ZC 99-03lLCPA 98-05 - COMMERCIALIVISITOR SERVING 113 OVERLAY ZONE. Citing possible conflict of interest Mayor Pro Tem Hall and Council Member Nygaard left the meeting at 6:37 p.m. Mayor Lewis, Council Members Finnila and Kulchin remained to consider this item. In response to inquiry, City Attorney Ron Ball indicated that approval of the Overlay Zone Ordinance would need an affirmative vote of the three members present. Eric Munoz, Associate Planner, presented an overview of the project, discussed the parking, landscaping, signing, height, setback, paving, color, and style standards. He also discussed prohibited uses such as stand alone liquor stores and drive-through restaurants. He stated that the focus of the Regulation will be on new and redevelopment projects, and outlined the primary processing elements of the Overlay Zone: 1.) CUP approval by the City Council; 2.) pre-filing submittal and meeting process; 3.) site notification process; and 4.) rapid code enforcement provisions. Mr. Munoz also explained the recommended clarification of the existing prohibition of drive-thru restaurants City wide. He explained the Ordinance refinements contained in Agenda Bill Exhibit 3 and on the Errata Sheet, dated May 18, 1999 (both documents are on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 7:24 p.m. Ronald E. Van Buskirk, of Pillsbury, Madison & Sutro, LLP, 235 Montgomery, San Francisco, representing The Carpenter's Pension Trust, stated that the Trust owns a vacant parcel of land on the western side of Paseo del Norte north of the Palomar Airport Road exit from the freeway, and referenced a letter he had sent the Mayor and Council stating his concerns. (This letter is on file in the Office of the City Clerk). He expressed his concerns that the ordinance may discourage investors with its excessive constraints. He indicated that the synergy of setbacks, landscaping and parking would be difficult to accomplish, and that the restrictions may discourage high quality projects. He expressed his hopes that there would be more discussion concerning the ordinance's details, that variances would be allowed, and that the item would be continued. John Edwins, P. 0. Box 2488, Del Mar, Project Director for Pacific Development Partners, LLC, stated he had sent a letter (This letter is on file in the Office of the City Clerk) stating his concerns, specifically Ordinance Section B, pertaining to storage and display of merchandise as it relates to markets and drug stores. He asked that the ordinance be changed to include phrasing to allow traditional items in daily business operations such as shopping carts, seasonal sale items, ATM's and phones. May 18,1999 CITY COUNCIL Page 7 Ron Rouse, an attorney with Luce, Forward, Hamilton and Scripps, 600 West Broadway, Suite 2600, San Diego, representing two families owning six individual parcels in the overlay area asked Council to consider three forms of amendment that he presented to the Mayor and Council in a letter dated May 18, 1999. (This letter is on file in the Office of the City Clerk.) He requested the amendments to Sections 21.208.010 G, 21.208.1 10 D and 21.208.100 D to clarify and avoid inconsistencies, as well as to authorize the City to exercise some discretion to modify the required setbacks in the event that their application to small, or irregularly configured parcels, would result in an undesirable site plan. Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 7:45 p.m. In addressing Mr. Edwin's concerns about outdoor displays, Mr. Munoz indicated that if these displays generated complaints, those complaints would be evaluated on a case by case basis, as is done currently. In addressing Mr. Rouse's concerns, staff concurred with revision of the definition of P-M Zone in Sections 21.208.010 G and 21.208.1 10 D of the Ordinance, to agree with that found in the P-M Zone Ordinance Section 21.34.010(1). Council also offered guidance to staff to review the matter of the "mix" of restaurants in one location, and to report back to Council. Mr. Munoz stated that performance of the ordinance would be monitored and staff would return in 30 days to update the Council. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- 163, approving an amendment to the Mello I, Mello I1 and Agua Hedionda - Lagoon segments of the City's Local Coastal Program to establish a CommercialNisitor-Serving Overlay Zone within the City; and introduced ORDINANCE NO. NS-485, amending Title 21 of the Carlsbad Municipal Code by the addition of Chapter 21.208 and amending the Zoning Map to establish the CommercialNisitor-Serving Overlay Zone, as amended to include the Ordinance Refinements contained in Exhibit 3 to the Agenda Bill, the clarification contained in the Errata Sheet dated May 18, 1999, and to include modifications # 1 and # 2, as contained in the letter, dated May 18, 1999, from Ronald W. Rouse, all on file in the City Clerk's Office. AYES: Lewis, Finnila, Kulchin NOES: None ' ABSENT: Hall, Nygaard RECESS: Mayor Lewis called a recess at 8:06 p.m. and Council reconvened at 8: 13 p.m. with Mayor Lewis and all four Council Members present. May 18,1999 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: 113 19. Al3#15,209 - MULTI-FAMILY HOUSING REVENUE BONDS FOR THE CONSTRUCTION OF THE POINSETTIA STATION AFFORDABLE APARTMENT PROJECT - SDP 98-09. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-177, authorizing the issuance, sale and delivery of multi-family housing revenue bonds in an amount not to exceed $6,325,000 and approving the related Loan Agreement, Regulatory Agreement and Indenture of Trust for the construction of the Poinsettia Station Affordable Apartment Project. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. RECESS: Mayor Lewis called a recess at 8:19 p.m. and Council reconvened at 8:25 p.m. with Mayor Lewis and four Council Members present. 2 9 20. AB #15.210 - 1999-2000 TO BUILDOUT CAPITAL IMPROVMENT PROGRAM. The highlights of the 1999-2000 to Buildout Capital Improvement Program were presented by Helga Stover, Senior Accountant, and David Hauser, Assistant City Engineer. Ann Massas, 1291 Las Flores Drive, emphasized the number of people using the pool at all times of the day and urged Council to consider measures to solve this problem. She stated that another pool is needed in the City and offered to help in any way. Janis Mulvey, 3440 James Drive, urged the Council to consider accelerating the date of the new pool construction or moving the pool to a new location if road construction will be a timing issue. She also cited the large number of groups needing access to the pool including water polo groups. Council Member Finnila referenced, for the record, a letter from Elisa Williams, Co-President of the Valley Junior High School PTA, 1645 Magnolia Avenue, requesting that street improvements such as sidewalks, curbs and gutters be installed at sites surrounding the school to improve the safety of children going to and from school. (This letter is on file in the Office of the City Clerk.) ACTION: On a motion by Mayor Pro Tem Hall, Council accepted the report on the Proposed 1999-2000 To Buildout Capital Improvement Program and set a public hearing on the matter for June 15, 1999. AYES: - Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. * May 18,1999 CITY COUNCIL 2 8 21. AB #15,211- DESIGN REVIEW BOARD APPOINTMENT. Page 9 ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-178, appointing one Planning Commissioner, Courtney Heinemann, to serve on the Design Review Board. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 6 3 22. AB #15.214 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-179, appointing William Kamenjarin to the Library Board of Trustees; and continued one appointment (Resolution No. 99-180) to a future meeting. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and subcommittees of which they are members. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: North County's Mayors'JManagers' Meeting, Metropolitan Water District's Eastside Reservoir Tour, Thursday, May 20, 1999, from 8 a.m. to 2:30 p.m., 33752 Newport Road, Winchester, California. Leadership 2000 Fran Aleshire Memorial Event, Thursday, May 20, 1999, at 5 p.m., Batiquitos Lagoon Trail Head, Carlsbad. Southwest Quadrant Community Forum, Tuesday, May 25, 1999, at 7 p.m., Carlsbad City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. May 18,1999 CITY COUNCIL Page 10 ADJOURNMENT: By proper motion, the Regular Meeting of May 18, 1999, was adjourned at 9:20 p.m. Respectfully submitted, Assistant City Clerk Lorraine M. Wood Deputy City Clerk