HomeMy WebLinkAbout1999-06-08; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL
DATE OF MEETING: June 8,1999
TIME OFMEETING: 6:OO 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, Mayor Pro Tern Hall, Council Members Finnila, Nygaard,
Kulchin None
APPROVAL OF MINUTES:
None.
PRESENTATIONS:
Council Member Finnila presented a Proclamation to Gordon Bizieff, Chair of the Historic Preservation
Commission, designating June 7-13, 1999, as Carlsbad Historic Preservation Week.
Gordon Bizieff, Chair of the Historic Preservation Commission and Geoff Armour, Staff Liason
introduced the 1999 Third Grade Art Contest Winners from local schools:
Aviara Oaks - Jessica Schulberg, John Heffner, and Tanner Comorre Hope School - Melanie Adams, Greg Brown, and Emely Gutierrez Kelly School - Taylor Cole, Barbara Millian, and Jean-Phillippe Oddou
Magnolia School - Alexia Beeler, Shane Masters, and Gabrielle Tarantino
Pine School - Nick Frey, Ross Meisenhelder, and Lies1 Stults
St. Patrick’s - Babette Jameison, Kyle Rees Riley, and Maren Westfall
Mayor Lewis presented a Proclamation to LeAne Marchesa of the Department of Housing and Urban
Development, designating June 5- 12, 1999, as National Home Ownership Week.
Mayor Lewis presented Retirement Proclamations to City Employees, Rich Zuelsdorf, Pat Entezari, and
Richard Allen.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent
Calendar, Items # 1 through #7, with the exception of item #l as follows:
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
35 5. AI3 #15,247 - RETENTION OF SPECIAL COUNSEL.
44 6. Al3 #15.248 - AMENDMENT NO. 2 TO AGREEMENT WITH RICK ENGINEERING FOR
45 ENVIRONMENTAL STUDIES - PROJECT NO. 3338.
44
45
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June 8,1999 CITY COUNCIL Page 2
81 1. AB #15.243 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
91 2. AB #15.244 - 1999 GRAD NITE CONTRIBUTIONS.
Council adopted RESOLUTION NO. 99-204, authorizing the 1999 Grad Nite Contributions, to
be distributed on a proportionate basis to Carlsbad High School, La Costa Canyon High School,
and San Dieguito High School Academy, in accordance with Council Policy No. 61.
51 3. AB #15.245 - EXTENSION AND AMENDMENT TO AGREEMENT FOR AMUBLANCE
45 BILLING SERVICES.
Council adopted RESOLUTION NO. 99-205, approving Extension and Amendment No. 1 to
the agreement with Wittman Enterprises to provide ambulance billing services.
99 4. Al3 #15.246 - APPROVAL OF OUITCLAIM OF OPEN SPACE EASEMENT, RANCH0
CARRILLO VILLAGE “C”.
Council adopted RESOLUTION NO. 99-206, quitclaiming an Open Space Easement over Lots 75,76,77,78, and 79 of Ranch0 Carrillo Village “C”, in the vicinity of Paseo Valindo and
Ranch0 Bravado, to L & W Investments, Inc.
Council adopted RESOLUTION NO. 99-207, authorizing the retention of additional special
counsel for eminent domain and condemnation lawsuits.
Council adopted RESOLUTION NO. 99-208, approving Amendment No. 2 to the Consultant
Agreement with Rick Engineering to add environmental studies to Melrose Drive and Detention Basin Preliminary Design.
7. AB #15.249 - APPROVAL OF CONTRACT WITH PRODUCTIVITY ASSOCIATES, INC.
FOR HELP DESK SERVICES.
81 1. AB #15,243 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 99-209, approving a contract for help desk service with
Productivity Associates, Inc.
ITEM REMOVED FROM THE CONSENT CALENDAR:
On a Motion by Council Member Nygaard, Council adopted RESOLUTION NO. 99-203, accepting a donation of $527 from Joan Kindle, Volunteer Curator, Carrillo Ranch, to benefit the
Carrillo Ranch Trust.
June 8,1999 CITY COUNCIL Page 3
ORDINANCES FOR ADOPTION:
113 8. Al3 #15.240 - SP 207(D)&CPA 98-lO/SDP 95-09(Al/CDP 98-88 - NAMM MUSEUM OF
MAKING MUSIC.
ACTION: On a motion by Mayor Pro Tern Hall, ORDINANCE NO. NS-488,
amending the Carlsbad Ranch Specific Plan, to permit the existing
6,500 square foot NAMM Museum of Making Music to be open to the
public, with incidental retail sales related to the museum on property
located at 5790 Armada Drive in the Coastal Zone and Local Facilities
Management Zone 13.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None.
96 9. AB#15,241- ESTABLISHMENT OF ALL-WAY STOPS ON HIDDEN VALLEY ROAD AND
CAMINO DE LAS ONDAS.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE
NO. NS-489, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28440 requiring stops on
Hidden Valley Road at Plum Tree Road; and,
adopted ORDINANCE NO. NS-490, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.450
requiring stops on Camino de las Ondas at Alderwood Drive.
AYES*
NoEsi
Lewis, Hall, Finnila, Nygaard, Kulchin
None.
PUBLIC COMMENT:
John J. Mamaux, 1393 Basswood Avenue, discussed quality of life issues in Carlsbad and the need to
ensure that it is preserved. He stated that issues such as animal control, walls on City property and
multiple families living in single family homes need to be addressed, and that animal control and code
enforcement services need to be tightened. He urged Council to address these issues.
Gaylord Smith, 7030 Avenida Encinas, invited everyone to attend the Bicentennial Celebration of the
San Luis Rey Mission on Sunday June 13, 1999, from 7:00 p.m. to 8:30 p.m. Mr. Smith also indicated that 150 youth from his church are available for Community Service volunteer work in October.
PUBLIC HEARINGS:
77
97
10. AB #15.252 - EXTENSION OF URGENCY ORDINANCE REGARDING GROWTH MANAGEMENT CIRCULATION DEFICIENCIES. AT THE INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL.
Lloyd Hubbs, Director of Public Works, indicated that staff is preparing studies that will establish the
appropriate fees for intersection improvements and asked that the Ordinance be extended.
Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m.
June 8,1999 CITY COUNCIL Page 4
Mark Rohrlick, 5780 Fleet Street, Suite 320, representing Zone 17, the Lennar-Bressi Ranch Project,
stated that he had been working with staff on local solutions and financing for construction of the parallel
arterials that will alleviate some of the regional traffic congestion at the Palomar Airport Road and El Camino Real intersection.
Seeing no one else wishing to testify, Mayor Lewis closed Public Hearing at 6:52 p.m.
City Attorney Ball indicated that approval of the Urgency Ordinance would need an affirmative vote of four Council Members.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted Urgency ORDINANCE NO. NS-491, an extension of Urgency Ordinance. NS-473, prohibiting the
approval of any building permit or other development permits or approvals in
Local Facilities Management Zones 5, 10, 15, 16, 17, 18,20, and 21, for ten (10) months and fifteen (15) days, to allow for the completion of additional traffic
studies.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
99 11. AB #15.253 - CT 97-22/CP 98-09;/CDP 97-55 - POINSETTIA PROPERTIES PLANNING
AREA8.
Adrienne Landers, Principal Planner and Ken Quon, Associate Engineer, gave the staff report presenting an overview of the “pedestrian/transit oriented” condominium project and the associated Car&bad Boulevard realignment improvement. Mr. Quon explained that with PA 7 and PA 8 approximately one-
half mile of Carlsbad Boulevard will be realigned eastward utilizing 60 feet of unused City land.
Mayor Lewis opened the duly noticed Public Hearing at 7:25 p.m.
Mike Howes, Hoffman Planning, 2386 Faraday Avenue, representing the applicant, Shea Homes,
described the pedestrian/transit orientation of the project, and concurred with the conditions of approval.
He explained that the landscaping requirements such as landscaped center islands, canopy trees, and grass lined driveways will give this project a softer look than most developments, and requested Council \
approval.
Seeing no one else wishing to testify, Mayor Lewis closed Public Hearing at 7:28 p.m.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 210, certifying an addendum to Environmental Impact Report 96-O 1 and
approving a Tentative map, Condominium Permit and Coastal Development
Permit to develop 112 airspace condominiums on property generally located at the southeast corner of Carlsbad Boulevard and Poinsettia Lane in Local
Facilities Management Zone 22.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None.
ADJOURNMENT TO CARLSBAD IMUNICIPAL WATER DISTRICT BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Board at 7:35 p.m. Council
reconvened at 7:36 p.m. with Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard,
and Kulchin present.
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June 8,1999 CITY COUNCIL Page 5
RECESS:
Mayor Lewis called a recess at 7:36 p.m. and Council reconvened at 7:43 p.m. with Mayor Lewis and all four Council Members present.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Mayor Lewis adjourned to the Housing and Redevelopment Commission at 7:43 p.m. Council
reconvened at 9:35 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB#15,254 - HABITAT MANAGEMENT PRESENTATION.
Michael Holzmiller, Director of Planning and Don Rideout, Principal Planner, presented the staff report, illustrating that the Habitat Management Program @IMP) preserve areas will provide linkage from the
smaller areas to the North in Oceanside, to the lagoons, the HMP Northeast Core Area, the Southeast
Fieldstone HCP areas, the MHCP Core area, and to other cities to the South.
Mr. Holzmiller outlined the I-IMP goals, the conservation strategy components, the proposed hardline
preserve areas, the conservation standards areas, and the MHCP Regional Core Area, and reported that
the thirteen (13) hardline areas had been negotiated with the property owners and wildlife agencies. He
also explained the use of the 266 acre Lake Calavera Mitigation Bank, which allows the City to construct
public facilities required by the Growth Management Plan, by providing mitigation for these projects.
Mr. Rideout explained the proposed measures to reduce impacts to HMP species, as contained in the
HMP, and outlined the condition of species coverage. He explained the HMP would create a 6,400 acre open space and wildlife preserve system, using existing and proposed hardline areas and standards areas.
He explained that coverage is provided for 47 species, that narrow endemic species are provided
enhanced protection, that projects will be required to be designed to minimize impacts, and that
additional permits will be required for impacts to wetlands.
Mr. Rideout explained the recommendations for preserve management, including the preparation of a
two phased preserve management plan. He also outlined that the proposed financing strategy for the
HMP is to be self-financed, with minimal impact to the general fund. He described proposed funding sources, including a potential habitat take permit fee, estimated at $3,000 - $5,000 per acre of impacted
habitat.
Mr. Rideout explained that properties in the standards areas would require the concurrence of the City
and wildlife agencies prior to processing by the City. He outlined proposed steps for implementation of the HMP, the authorization and assurances needed fi-om the wildlife agencies, and the benefits which
would result from approval of the HMP.
(Details of the presentation are contained in a copy of the slides which are on file in the Clerk’s Office.)
In response to Council inquiry, Mr. Holzmiller stated that staff has been negotiating with other property owners that wish to be included in the hardline areas, and that staff will continue to do so during the 45 day review period on the HMP document, the Mitigated Negative Declaration, and the Draft
Implementation Agreement.
June 8,1999 CITY COUNCIL Page 6
Bill Hoffman, Hoffman Planning, 5900 Pasteur Court Suite 150, representing Lennar Communities,
Raceway Properties, Professor’s Capital, Shea Homes, Fieldstone Corporation, and other clients, stated
that he appreciated the 45 day review due to the complexity of the Plan. He stated his concern is that
some property owners will be negatively impacted by the mitigation, an issue he would like to discuss
with staff. By way of example, Mr. Hoffman used the definition applied to “vacant natural land”, questioning whether agricultural lands and agricultural conversions would be subject to additional fees.
He also stated that a Citywide HMP is the preferred alternative and he wants it to be as fair and as reasonable as possible.
Susan K. Hori, 19 100 Von Karman, Irvine, representing the Fox-Miller property owners, stated that she
had sent the Mayor a letter outlining her concerns. (This letter is on file in the Office of the City Clerk). She asked that the Council postpone the issuing of the HMP for public review for 60 days thereby
allowing property owners to work with staff on “hardline boundary determinations”. Ms. Hori requested
that the plan be circulated for public review after these determinations are in place and not in a
subsequent addendum. She also voiced her concerns on the policies regarding the transplantation of
narrow endemics, and the mitigation fee program. In addition, she suggested that the HMP should look
at the unavoidable impacts to the endangered species habitat through an ElR and that a Mitigated
Negative Declaration may not give the analysis needed.
Larry Jett, 1815 Aston, stated that he and Jim Hieatt, co-own 14 acres of property that is in negotiation to
become a hardline boundary. He indicated that currently the HMP states that his land is 75% conserved with 25% available for development. He explained that he is working with staff and the agencies to
develop a Site Plan that would expand the percent of land for development. Mr. Jett stated he would like his proposed land boundaries to be included in the HMP and he would like that to happen in the next 45
days.
Ron Rouse, partner in Lute, Forward, Hamilton and Scripps, 600 West Broadway, Suite 2600,
representing Techbilt, the owners of 414 acres in Zone 16, discussed details of a letter he had sent to the
Council. (This letter, dated June 7, 1999, is on file in the Office of the City Clerk.) He requested that
Techbilt’s Plan 3 (Attachment C) be incorporated in the HMP, noting that the current hardline
determinations for this property reduce the usable acreage from 140 to 133 acres. He emphasized that if
too much useable area is taken, the property will not be able to support reasonable development levels
and still contribute to public facilities such as expansion of Faraday and Melrose connections or provide
employment opportunities for the area. Mr. Rouse also discussed the habitat characterization of the
Techbilt property and possible discrepancies in the designation. He stated that Techbilt should be allowed to use its Highlands property to mitigate Zone 16 impacts. He stated that Techbilt supports the
HMP but would like to work through these issues in the next 45 days.
Fred Arbuckle, Piragua, stated that the HMP has taken four years to complete, and that it is a good way
to preserve habitat while implementing the general plan and providing for infrastructure needs.
Gene Huber, 6407 El Pato Court, stated that the HMP started as a regional plan, and stated that the City
needs preservation areas as large as possible with buy in by developers. Mr. Huber hopes to see a
balance of development and preserves. He also stated that he is concerned that financing for the plan is coming only from the land owners and not the public.
Bob Richards, 4615 Park Drive, President of the Agua Hedionda Lagoon Foundation, stated that the
HMP is as important to the City as the General Plan. He emphasized that the plan should be shared with
as many people as possible and hoped that the public interest would build over time.
June 8,1999 CITY COUNCIL Page 7
Council Member Finnila stated for the record that letters about the HMP have been received from the
following: McMillan Properties; Paone, Callahan, McHolm & Winton for Fox-Miller Property; Marron
Ventures; Jack Henthom and Associates; Kelly Trust; Endangered Habitats League; Seltzer, Caplan, Wilkins, & Mahon; Lute, Forward, Hamilton & Scripps for Techbilt; and the Buena Vista Audubon
Society.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
99-211, approving a Mitigated Negative Declaration for adoption of the Habitat
Management Plan; and, directed that the 45 day review period on the HMP document, the Mitigated Negative Declaration and the Draft Implementation Agreement be opened.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ANNOUNCEMENT:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following event:
Public Works Department Retirees Event, Wednesday, June 9, 1999, 11:30 a.m. to 1:30 p.m., at Calavera
Hills Park, 2997 Glasgow 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.
CITY MANAGER COMMENTS:
None
CITY ATTORNEY COMMENTS:
None
ADJOURNMENT:
By proper motion, the Regular Meeting of June 8, 1999 was adjourned at 11:OO p.m. in memory of Gus
Nesseth, long time Car&bad resident, who passed away recently.
Respectfully submitted,
Lorraine M. Wood
Deputy City Clerk