HomeMy WebLinkAbout1999-09-21; City Council; MinutesI m 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 21,1999
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 Assistant City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and
Absent: None.
Kulchin
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
None.
PRESENTATIONS:
Mayor Lewis presented a Proclamation in recognition of Constitution Week, September 17-19, 1999, to
Martha Gujda, Regent, Santa Margarita Chapter, Daughters of the American Revolution.
Mayor Lewis presented a Proclamation in recognition of Yellow Ribbon Youth Suicide Awareness
Prevention Week, September 19-25, 1999 to Michele Chaffee, Light for Life Foundation of San Diego.
Ms. Chaffee introduced local high school students who spoke in support of the program: Chelsea Pena,
Carlsbad High School; Drew Gillespe and Jessica Goldman, La Costa Canyon High School.
CONSENT CALENDAR:
Item #1 was removed from the Consent Calendar.
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #9, with the exception of Item #1, as follows:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #15,395 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
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September 21,1999 CITY COUNCIL Page 2
2. AI3 #15.396 - APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENTS.
Council adopted RESOLUTION NO. 99-329, approving Community Development Block Grant
Subrecipient Agreements for the 1999-2000 program year, with the following: Boys and Girls
Club, Lifeline Community Services, Catholic Charities, North County Health Services, Women’s
Resource Center, Casa de Amparo, Community Resource Center, Community Care for Adults,
Join Hands-Save a Life, Meals on Wheels, North County Council on Aging, Center for the Blind,
Brother Benno Foundation, Fraternity House, and Heartland Fair Housing Association.
3. AB #15,397 - APPROVAL OF ADDITIONAL APPROPRIATION FOR PALOMAR AIRPORT
ROAD WIDENING. PROJECT NO. 3286.
Council adopted RESOLUTION NO. 99-330, appropriating additional funds to pay for portions
of the construction of the Palomar Airport Road Widening, from east of Yarrow Drive to El
Camino Real.
4. AB #15,398 - JEFFERSON STREET WATER MAIN AND REACH 5A VISTNCARLSBAD
INTERCEPTOR SEWER REPLACEMENT PROJECT, CMWD PROJECT NO. 94-101,
CONTRACTNO. 31821A-35331-35581.
Council adopted RESOLUTION NO. 99-331, accepting the construction of the Jefferson Street
12” Water Main and Reach 5A VistdCarlsbad Interceptor Sewer Replacement Project as
complete, and directing the City Clerk to record the Notice of Completion and release bonds
appropriately.
5. AB #15,403 - APPROVAL OF AGREEMENT TO PARTICIPATE IN SAN DIEGO AREA
HOUSING AND FINANCE AGENCY’S LEASE-TO-OWN HOUSING PROGRAM.
Council adopted RESOLUTION NO. 99-336, authorizing the City’s participation in the San
Diego Area Housing and Finance Agency’s Lease-to-Own Housing Program, and authorizing
execution of the related Joint Powers Authority Agreement.
6. AB #15.399 - ACCEPTANCE OF GRANT.
Council adopted RESOLUTION NO. 99-332, accepting a grant from the California State
Library Literacy Initiatives Program to be used for the purchase of reference materials for the
Adult Learning Program.
7. AB #15,400 - APPROVAL OF AGREEMENT TO PROVIDE G.U.I.D.E. PROGRAM
COUNSELING SERVICES.
Council adopted RESOLUTION NO. 99-333, approving an agreement with Velazquez Family
Counseling Services to provide continued Beater Understanding through Intervention,
Carlsbad. - Diversion and Education (GUIDE) Program counseling services for students attending schools in
8. AB #15.401- REOUEST FOR OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 99-334, approving out of state travel for four employees,
members of the project selection subcommittee, to evaluate the Document Management System
which has been installed at the City of Las Vegas, Nevada.
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September 21,1999 CITY COUNCIL Page 3
9. AB #15.402 - CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FISCAL YEAR 1998- - 99.
Council adopted RESOLUTION NO. 99-335, approving the submittal of the FY 1998-99
Consolidated Annual Performance and Evaluation Report for the Community Development
Block Grant Program to the US. Department of Housing and Urban Development.
ITEM REMOVED FROM THE CONSENT CALENDAR:
1. AB #15.395 - ACCEPTANCE OF DONATION.
Tony Carter, Treasurer of the Carlsbad Friends of the Library presented a check in the amount of
$44,000 to Library Director Cliff Lange in support of library programs and projects.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION
NO. 99-328, accepting a donation of $44,000 from The Friends of the Library in
support of children’s programs, purchase of library reference materials for the
Cole Library, and purchase of computer hardware and software for the Centro de
Informacion and directing staff to prepare a letter of thanks.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
John Blair Retirement Event, Thursday, September 23, 1999,4 p.m., at the Carlsbad Unified School
District Education Center, 801 Pine Avenue, Carlsbad.
Carlsbad City Library Grand Opening Ceremony, Saturday, September 25, 1999, 10 a.m., 1775 Dove
Lane, Carlsbad.
Carlsbad City Library Opening Luncheon Event, Saturday, September 25, 1999, 1 p.m., Aviara Four
Seasons Resort, 7 100 Four Seasons Point, Carlsbad.
Carlsbad Boys and Girls Club Annual Fundraiser, Saturday, September 25, 1999, 6 p.m., LEGOLAND,
One Legoland Drive, Carlsbad.
PUBLIC COMMENT:
Inez Yoder, 7304 Borla Place, presented Council with photographs of Box Canyon Falls (these pictures
are on file in the Office of the City Clerk). Ms. Yoder stated that citizens may not know the Council
Meeting procedures when speaking for the first time in a Public Hearing. She explained that they will
first listen to the staff report and then the citizens will get one chance to speak. Ms. Yoder requested that
Council pay close attention to those who speak during the Public Hearing.
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Pat Bleha, 3209 Fosca Street, a victim of the Harmony Grove fire, asked what steps have been taken to
prevent another fire disaster. She inquired why the Fire Department did not participate in recent wildfire
drills, and also why they did not attend the 1997 two-day workshop on Fire Prevention. In addition she
stated that on the day of the fire, citizens were given inadequate warnings such as fire sirens. She stated
that the City needs a Fire Prevention program and that it should be implemented as soon as possible.
Thomas Krouse, 6637 Curlew Terrace, requested that the aerial photo of Carlsbad, located in Council
Chambers, be updated each year to help citizens know what has been built on or is under construction in
their neighborhoods when they speak. He asked also that the negatives of this map be available in the
City Libraries for viewing by the public. He stated that he felt there was a lack of effectiveness in the
process for citizens testifying on issues that are coming to Council for final approval. He also suggested
that developers, when they come before Council for legislation such as a Zoning Change, be required to
be put under oath.
Barbara E. Tice, 71 06 Lantana Terrace, expressed her concern about the rate of development in Carlsbad.
She stated that we need to care for our land and animals. She also asked that Council or staff address
how the law of diminishing returns applies to Carlsbad now and 10 to 15 years in the future.
Robert Payne, P.O. Box 130262, Carlsbad, stated that some citizens believe that fire disasters are a
consequence of natural habitat. He suggested that staff and Council read Prescribed Burning; in
California Wildlands: Vegetation Management, University of California Press, 1989, which explains
how managed fires can be used to control the natural habitat and prevent fire disasters.
Liz Kruidenier, 3005 Cadencia Street, urged that Carlsbad create an environmentally safe community by
careful planning of resources so that the City might be self-sustaining. She stated that this approach will
reduce traffic, shorten commutes, create diversity in transportation and housing, and create more
affordable housing in core transportation corridors, as well as mandate intelligent use of open space. She
urged that we work together to accomplish these goals.
Dolores Welty, 2076 Sheridan Road, Leucadia, representing the Shoreline Study Center, requested a map
of Carlsbad’s 40% open space. She asked that the map be prepared to show only the open space acquired
to date and that it be color coded to show public buildings and designate whether areas are state or
federal property. She requested that a preliminary map be available in two months.
Mayor Lewis stated that Carlsbad is the only City that will have 40% of its area in open space, and does
not include lagoons and beaches in this calculation.
Council Member Finnila stated that Council is aware of the laws of diminishing returns as it applies to
natural resources, economics and housing. She suggested that if the speaker (on diminishing returns) has
a particular subject in mind this citizen should contact the City Manager, who could put her in touch with
the appropriate staff.
Council Member Kulchin requested that staff report on what the Fire Department did during and after the
Harmony Grove Fire, particularly the work performed by the Buildings and Inspections group. She
stated she would like to see this as an agenda item at a future meeting. Ms. Kulchin also inquired about
the availability of a habitat open space map.
Ray Patchett, City Manager, asked that Ms. Bleha meet with Fire Chief Dennis Van Maaten to discuss
her concerns about fire disaster preparedness.
Director of Community Services Marty Orenyak stated that the map requested by Ms. Welty could be
prepared within 60 days.
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ORDINANCE FOR ADOPTION:
Mayor Pro Tem Hall and Council Member Nygaard, citing potential conflict of interest, left the dais at
6:42 p.m.
10. AB #15,404 - LCPA 98-05(AYZCA 98-01(A) - COMMERCIALNISITOR-SERVING
OVERLAY ZONE COASTAL COMMISSION MODIFICATIONS.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS- - 505, amending Title 21 of the Carlsbad Municipal Code by the incorporation of
Coastal Commission suggested modifications for the CommercialNisitor-
Serving Overlay Zone, to revise Section 2 1.208.40 as follows:
CommerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they
meet the requirements of this Chapter. The only permitted uses in the overlay
zone are the residential, industrial and office uses authorized as permitted uses
by the zoning of the underlying zone, which are not subject to the provisions of
the Chapter. Those uses shall be developed subject to the development
standards and entitlement processes required by their underlying zoning. In
addition, a roadside stand for the display and sale of products on the same
premises is an allowed use provided that the floor area shall not exceed two
hundred square feet and is located a minimum of 20 feet from any street,
highway or city right-of-way.
AYES: Lewis, Finnila, Kulchin
NOES: None.
ABSENT: Hall, Nygaard
Mayor Pro Tem Hall and Council Member Nygaard returned to the dais at 6:44 p.m.
PUBLIC HEARING:
11. AB #15.406 - EIA 99-04 - CARLSBAD HABITAT MANAGEMENT PLAN.
The staff report for the Habitat Management Plan (HMP) was presented by Director of Community
Development Marty Orenyak, Director of Planning Michael Holzmiller and Principal Planner Don
Rideout. Mr. Orenyak stated that the full plan was presented to Council on June 8, 1999, and that an
overview and proposed revisions would be presented at this meeting.
Mr. Holzmiller stated that the goal of the plan was to conserve and protect animal and plant species
while allowing future development consistent with the City’s General Plan and Growth Management
Plan. He stated that the strategy of the plan is to create habitat core areas with corridors and linkages
both within the City and adjoining jurisdictions. He detailed the four components of the HMP as:
existing hardline preserve areas; proposed hardline preserve areas; conservation standards areas; and the
Multiple Habitat Conservation Program (MHPC) core area participation.
He stated that the HMP standards areas requirements provide 100% conservation of narrow endemic
plants within the HMP preserve boundaries, and 80% outside the preserve boundaries; 75% conservation
of Southern Maritime Chaparral, 67% conservation of Coastal Sage Scrub, and 75% conservation of the
gnatcatchers. He also explained the unique standard which requires 75% conservation of vacant
property, and allows development on 25% of the least constrained areas, and that the conserved portion
of the property may be considered for the Mitigation bank.
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He explained the levels of compliance as: onsite conservation; measures taken to avoid and minimize
impacts; offsite mitigation requirements (Table 9); and the habitat take permit fees. He emphasized that
these requirements apply to all areas of the City, both in and out of the preserve system boundaries.
Mr. Holzmiller summarized the benefits of the plan which provide for: 1 .) a preserve system of
approximately 6,500 acres, with greater than 70% of the remaining habitat preserved; 2.) local control
will be re-established with a single permitting process; 3 .) continued development in conformance with
the General Plan and the Growth Management Plan; 4.) the monetary obligation, through the Fieldstone
HCP, will be provided up front rather than incrementally as development occurs; and 5 .) habitat
mitigation requirements for the municipal golf course will be established, allowing the project to move
forward.
Mr. Holzmiller detailed the work on the HMP that has been performed since the June 8, 1999, Council
Meeting: 1 .) a 45 day comment period was held and 38 comment letters were received; 2.) staff prepared
written responses to all comments letters (these letters are on file in the City Clerk’s Office); 3.) staff has
made presentations to various organizations and interested parties, including the Planning Commission
and Parks and Recreation; and 4.) staff has continued discussion with the wildlife agencies. He
explained that from this comment period several revisions are proposed and stated that these revisions
would be discussed by Don Rideout.
Mr. Holzmiller then described the Mitigated Negative Declaration as measures incorporated into the plan
that eliminate any significant adverse effects to the HMP under consideration. He stated that two
impacts were identified as biology and housing. He explained that the biology is mitigated by the high
levels of conservation, the agreement to convey half of the area for the MHCP, and the conditions of
coverage stated in Appendix C of the HMP and summarized in Table 9. He also explained that housing
is mitigated by allowing the consideration of clustering in developmental planning.
Don Rideout presented the major revisions to the HMP and the most recent changes outlined in the
September 21, 1999 Errata Sheet (a copy in on file in the City Clerk’s Office) as follows:
HMP REVISIONS:
1 .) The preserve property boundary changes include the inclusion of Hieatt, Fox-Miller, Calavera
Heights and the Shelley properties within hardline boundaries.
2.) Mapping changes include the four hardline areas listed above and other projects that were reviewed
and were shown consistent with the HMP, and some vegetation mapping was updated.
3.) Standards were revised for clarity, and standards are no longer needed in Zones 5,7 and 11 because
of property movement to hardline boundaries.
4.) Biological revisions include surveys of species both inside and outside of the HMP areas and any
additions to the endangered species list will be handled by equivalency findings rather than a fill planned
amendment.
5.) There were originally six properties in the HMP which were required to meet a 75% Conservation
Level because of the amount of sensitive habitat on the property or because of its key location within the
preserve system. Based on continued discussions and agreements with the owners and the Wildlife
Agencies the number of 75% properties has been reduced to three.
6.) Golf Course mitigation will consist of onsite Coastal Sage Scrub avoidance and revegetation, offsite
mitigation for Southern Maritime Chapanal, and offsite mitigation for gnatcatchers. Mitigation for
gnatcatchers will require 5 1.6 acres, rather than the previous estimate of 40 acres.
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7.) MHCP core area participation must be adjusted to support the golf course mitigation. The
following is a list of projects and their conserved acreage: 12 acres from the Villages of La Costa, 228
acres from the Fieldstone HCP, 16 acres from the Rancho Carrillo Project, 5 1.6 acres from the golf
course mitigation, for a total of 307.6 acres.
8.) Lake Calavera mitigation will contribute 206.55 credits to the City’s mitigation bank.
9.) Habitat in Lieu Mitigation Fee, initially called a Habitat Take Permit Fee, is proposed to be a
graduated fee tied to mitigation ratios rather than the initial proposal of a flat fee. (The fee will be
established after the Nexus study is conducted.)
Mr. Rideout then explained the HMP financing strategy which provides that the plan be self-financed,
that there will be no property acquisitions within the City, and that the impact on the general fund be
minimized.
He further outlined the funding sources for the MHCP core area participation as follows: Fieldstone
HCP obligation of one million dollars, plus $150,000 for work on the MHCP and HCP; $500,000 from
the Rancho Carrillo offsite mitigation; and $750,000 from the golf course mitigation. He stated that
there is an unfunded balance of 3.5 million dollars which can be offset by the Habitat in Lieu mitigation
fees. He further stated that the Nexus study will recommend the precise Habitat in Lieu Mitigation fees.
Mr. Rideout outlined the following which will occur as a result of the HCP approval: MHCP core area
participation; preparation of a preservation management plan; implementation of preservation
management plan; management/maintenance of City lands in the preserve system; and administration of
the HMP program.
Mr. Orenyak stated that if the HMP is approved the next steps would be to incorporate the revisions into
the final version of the HMP and submit the document, the proposed Implementing Agreement, and the
complete application package to the Wildlife agencies for review and approval. He stated that the State
and Federal processing may take 4-6 months.
In response to Council Member Kulchin’s inquiry regarding the study, Mr. Holzmiller stated that the
Nexus study would take three to six months and Council would make the final determination of the fees.
In response to Council Member Kulchin’s inquiry regarding density, Mr. Holzmiller replied that
clustering would not increase density.
In response to Council Member Finnila’s inquiry, Mr. Holzmiller explained that an equivalency finding
would be a method to add a species to the endangered species list by analysis of sufficient biological
data. This finding would be sent to the Wildlife agencies for approval, without a formal amendment to
the plan.
In response to Council Member Finnila’s inquiry about road construction that impact habitat areas, Mr.
Holzmiller stated that roads could be permitted under the plan, but what is not known now, is the amount
of mitigation required by road construction.
In response to Mayor Pro Tem Hall’s inquiry whether an EIR would be necessary for roads, Mr.
Holzmiller stated that either an EIR or a Mitigated Negative Declaration would need to be performed
prior to road construction, depending on the extent of the impacts. He also stated that this standard
would also apply to any private development.
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In response to Mayor Lewis’ inquiry about how non-approval of the plan would affect the local and
regional areas, Mr. Holzmiller agreed it would affect the regional plan, because the corridor links would
be missing, and stated that the responsibility for maintaining the regional corridors has yet to be decided.
In response to Council Member Nygaard’s question about the impact of the plan on the trail system, Mr.
Holzmiller stated that if the HMP is approved the initial trail alignments in the City’s Trails Master Plan
will need to be reviewed to make sure they are on the outer boundaries of the habitat.
Mayor Lewis opened the duly noticed Public Hearing at 7:50 p.m.
Ken Burg, Field Supervisor of the Fish and Wildlife Service, thanked staff for their efforts and
expressed his support and approval for the Habitat Management Plan (HMP). He stated that he looks
forward to City approval of the plan and submittal to his agency, and stated that his agency will process
the plan as quickly as possible.
Ron Rempel, Deputy Director of Habitat Conservation, California Department of Fish and Game,
commended staff for their work on the HMP and encouraged them to submit the plan as soon as possible.
He also thanked Council Member Finnila for the time and effort she has expended on the MHCP.
Bill Daugherty, President of the Buena Vista Audubon Society, P.O. Box 480, Oceanside, spoke in favor
of the HMP with the incorporation of the Audubon Board’s and the Endangered Habitats League’s
revisions. He expressed disappointment that the Plan did not include an Environmental Impact Report
instead of a Mitigated Negative Declaration. He also expressed support for the proposed habitat take
permit fee.
Inez Yoder, 7304 Borla Place, representing Canyon’s Network, recognized the planning efforts that went
into the HMP. She emphasized that at this time the HMP is just a book and a map but that the HMP
ultimately must become a living plan. She inquired about how the habitat was identified, and stated that
the HMP maps need to also show facilities, roads, and power lines. She requested a City Hotline to
report environmental protection violations. Ms. Yoder also requested that in the latter part of the HMP
document, the work “shall” should replace the word “should”, to strengthen the intent of the document.
In closing she asked that an annual report on the status of the HMP be produced and stated that trail
mapping needs further discussion.
Dolores Welty, 2076 Sheridan Road, Leucadia, stated she does not believe City property should be used
for mitigation. She requested a more detailed open space map showing park space and habitat space.
She asked about the recovery plans for endangered species and whether roads, such as the Twin Oaks
and Melrose connection, will be allowed through the habitat areas. She expressed concern that
management of the habitat is not defined and urged that open space be protected from any use, and from
the public. She urged that the habitat land be set aside for posterity.
Karen Messer, 4475 Gladstone Court, Conservation Chair of the Buena Vista Audubon Society, stated
she has attended many HMP meetings and congratulated the City for the plan being at the point of
consideration for approval. She also stated that the plan offers benefits to both the City and the Region.
She indicated that the current mode of habitat review is piecemeal and with the HMP we will have better
protection of animals and that the Council will have more control in the planning process. Ms. Messer
stated her concern about the low fee of $500 per acre for agricultural and disturbed lands and noted that
black shouldered kites and prairie falcons currently use these sites.
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Pat Bleha, 3209 Fosca Street, stated her concern that there is no written provision for who is to manage
the habitat land and who will enforce any violations of the land. She suggested that an entity with
biological expertise should manage the land. She asked that more land be bought and conserved around
Coastal North County to create meaningful open space, and stated that she believes some of the corridors
are too narrow. She also stated that there is a need for a large regional park on the coast.
Howard Krause, 321 1 Fosca Street, stated that the corridors are key to the plan and he asked that they not
be encroached upon. He also expressed concern about cluster densities increasing over time and
mitigation fees being too low. Mr. Krause cautioned that moving trail boundaries to border the open
space boundaries may result in trails running along citizen’s back yards.
Bill Hofman, 5900 Pasteur Court, Suite 150, representing Lennar Communities, stated his support for the
HMP. He also that Lennar communities have some concerns about the HMP, that are stated in letters
dated August 2, 1999, August 27, 1999, and September 21, 1999 (these letters are on file in the Office of
the City Clerk). He offered Lennar Communities’ assistance with the implementation of the HMP.
Jan Sobel, 5620 Paseo del Norte, Suite 128, CEO of the Chamber of Commerce, referenced the
Chamber’s letter of July 23, 1999, supporting the HMP in concept, but expressing certain concerns (this
letter is on file in the City Clerk’s Office). The areas of concern are the effect of the HMP on: 1 .)
Housing density in the City. The HMP should not result in the remaining land consisting of only high
density housing types; 2.) Increases to the cost of Public Facilities including schools; 3.) Reduction to the
projected tax revenues due to land changes; 4.) Impacts to the other projected City income/services
resulting from land use changes; and 5.) Maintenance and operation of HMP open space and funding for
these operations.
Kevin Mc Cann, 2755 Jefferson Street, Suite 21 I, stated that he is an attorney representing property
owner Joseph Sherman, who owns the Zone 25 property. He stated that the placement of the corridor on
the south side of Mr. Sherman’s property, and the land’s designation as riparian, has placed a burden on
his client. He indicated that the 500 to 1000 foot corridor will not leave any property for Mr. Sherman to
develop. He stated that what is being asked of Mr. Sherman is the “creation” not “maintenance” of this
area. He further stated that because of the riparian land designation on Mr. Sherman’s property the 75%
preserve/25% development standard can not apply, and Mr. Sherman will be left with no land for
development, which would result in a “taking” of his property. He also stated that Mr. Sherman had not
attempted to negotiate hardline boundaries because he is not ready to develop at this time.
Jerry Livingston, 6336 Greenwich Drive, Suite A, San Diego, Staff Counsel for the Building Industry
Association of San Diego, referred to a letter dated September 21, 1999 (this letter is on file in the City
Clerk’s Office) that outlines the Association’s concerns with financing, the need for better biological
information for the core area, the lack of covered species inclusion, the need for a more thorough
definition of equivalency findings, the need for strong language in the General Plan and zoning updates
concerning clustering, and the need to make specific allowances for development pipeline projects. He
asked that staff address these concerns during implementation.
Jim Whalen, 45 17 Santa Monica Avenue, San Diego, Co-Chair of the Alliance for Habitat Conservation,
stated that the Alliance supports the HMP. However, he expressed concern with the lack of the inclusion
of six species that are on the endangered species list. He stated concerns regarding the fees and
supported the Nexus study to determine the correct fees. He also expressed concern regarding the lack of
direction for HMP maintenance, management and monitoring, and the necessity of a Regional funding
source. Mr. Whalen also stated that a method should be established to look at species that are identified
after the plan has been approved.
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Dr. Joshua Kohn, 9500 Gilman Drive, La Jolla, Chairman, Faculty Advisory Committee, UCSD Natural
Reserve System and Manager of the Dawson - Los Monos Reserve stated that the HMP will remove the
central portion of the Dawson - Los Monos Reserve. He also stated that the City has failed to provide a
large open space terrestrial environment park for its citizens.
Gary Hill, 3289 Donna Drive, discussed public access to habitat areas and the need to keep people out of
the areas. He also emphasized the need for public education concerning the HMP and suggested the
Nature Center on Agua Hedionda as an excellent education center. He stated that the Center’s Board is
targeting four education topics: plant and animal habitat; invasive species; water quality; and human
interaction with habitat. He stated that he is interested in not only preservation of habitat but also in the
City trails system.
Larry David, 7402 El Fuerte Street, expressed concern about the density issues, specifically questioning
if the HMP will increase density. He also stated that the HMP is not a definitive agreement and that
many issues such as cost, density, maintenance and management, will be decided after City approval. He
stated that once approved, the burden is on the City to follow through on the plan.
Andrew Chapman, 3 138 Avenida Alcor, expressed concern about the low mitigation fees and suggested
that there needs to be a citizen watch group to review the HMP enforcement. He expressed concern
about offsite mitigation and asked that the City review how much land we will be trading. He also stated
his objections to the concept of clustering, and expressed concern about the corridors along major
roadways, questioning how animals will be able to safely cross these roads.
Stan Katz, 4906 Neblina Drive, expressed concern about the largest open space area (Dawson - Los
Monos Reserve) and the industrial development that will be placed there. He suggested the City
purchase land to keep it from being developed, citing Maryland and New Jersey as two areas in which
this is being done. He also stated that one way to preserve the open space is to quit building large homes
and begin to build smaller living accommodations such as townhouses, to leave more open space.
Thomas Krouse, 6637 Curlew Terrace, stated he could not oppose the plan because the plan addresses
self determination for Carlsbad, clarity, and an achievement of fair balance. He stated that some things
still need to be done: an educated biological consideration of the corridors, clarification of the percent of
land being saved, the inclusion of comment letters from UCSD and the Agua Hedionda Lagoon
Foundation in the text of the HMP, and a review of the habitat take permit fees.
Ron Rouse, 3449 Calle Odessa, spoke in favor of the HMP, stating that three out of every four acres of
remaining land in Carlsbad will be preserved as habitat. He also stated that if the public sector, through
UCSD land management, would plan to put three out of every four acres towards open space, to protect
habitat, perhaps the Dawson - Los Monos Reserve could be preserved as a park.
Robert Nanniga, 1928 Leucadia Scenic Court, Encinitas, expressed concern about allowing development
in areas of prime habitat. He stated his belief that the City having control of the plan, rather than federal
or state agencies, will allow developers more leeway to develop their property. He also stressed that the
Coastal Sage Scrub is more endangered than the rainforests, citing that under the HMP 33% of the scrub
and 25% of the gnatcatchers will be lost. He stated that the City should perform an EIR instead sf
submitting a Mitigated Negative Declaration, and urged staff to read the Aldo Leouolds Almanac
concerning the land ethic and biotic communities.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 9: 19 p.m.
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RECESS:
Mayor Lewis called a recess at 9:19 p.m., and Council reconvened at 9:28 p.m. with Mayor Lewis and all
four Council Members present.
In response to Council inquiry concerning the corridor linkages, Don Ridout stated that the corridors
were well thought out and that the corridors utilize land that was not in development. Michael
Holzmiller stated that an annual review will be performed with the State and Federal agencies and that
education about the plan and HMP maintenance and management are provisions of the HMP.
Council Member Nygaard requested that the annual review of the HMP be brought to Council. She also
asked for a clarification of the intent of clustering and the impact on the Growth Management Plan.
In response, Mr. Holzmiller stated that the Growth Management Plan has mandated a maximum number
of future dwelling units and the these numbers will not be increased by the HMP. He stated that
clustering has been allowed in the City to preserve more open space on certain properties, but that
clustering must be compatible with the area under consideration, and, must meet all development
standards and policies.
At Council request Mr. Holzmiller discussed the habitat in lieu fees. He stated that under the plan a fee
will be established to take the place of offsite mitigation for certain habitat, and that under state law the
City cannot charge more in fees than the actual amount needed to acquire the land for mitigation. He
indicated that the Nexus study will determine the fees to be charged to fund the mitigation of the City’s
participation in the MHCP core area.
In response to Council inquiry, Mr. Holzmiller stated that the HMP has undergone revision to eliminate
vagueness from its wording and has specifically revised the words ‘‘shodd” to “shall” in the document.
He also described the plans for a large City park, Veteran’s Memorial Park, that will include natural
habitat. He also explained that currently complaints about habitat violations would come to the City
Manager or to the Planning department and that once management of the HMP is determined that entity
might be a source for fielding these complaints.
At Council request Mr. Holzmiller described the relationship of Box Canyon to the HMP stating that Box
Canyon, under the HMP, is designated as an open space and that the plan gives the area more protection.
He stated that currently the area is under private ownership but that there exists a possibility, under the
preserve management plan, that Box Canyon may transfer to a conservancy status. He stated that the
HMP does not allow the blasting of the canyon.
At Council request Mr. Rideout described the Dawson - Los Monos Reserve as owned and managed by
UCSD as a research station. He stated that Dr. Kohn’s concerns were about the effect of adjacent
development of Carlsbad Oaks North on the Reserve. Mr. Rideout explained that Carlsbad Oaks North is
a proposed hardline area and that there is a 300 foot setback from the Reserve. He further stated that
approximately 50% of the Carlsbad Oaks North will be left in natural open space, to mitigate the impact
of this development on the Reserve.
In response to Council inquiry, Mr. Holzmiller explained that the clustering should be allowed, but it
would not change the density that currently is established under the General Plan and Growth
Management Plan. He also explained that the City must prove to the State that it is not adopting
regulations that prevent the City from providing its fair share of housing.
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September 21,1999 CITY COUNCIL Page 12
Upon Council inquiry, Mr. Holzmiller explained how Lake Calavera is to be used for mitigation credits.
He stated that Lake Calavera was originally purchased by the Water District for Water District needs.
He firther explained that this property contains a reservoir but is designated as open space and has a
value of less than five million dollars. He stated that the City proposes to use this land for mitigation
credits for future City projects.
As further clarification, Mr. Holzmiller explained that the City controls the use of Box Canyon by
discretionary permit, and that Box Canyon is firther protected by the HMP.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- - 337, approving a Mitigated Negative Declaration for the Habitat Management Plan for natural communities in the City of Carlsbad and incorporating the
revisions contained in the HMP Errata Sheet dated September 21, 1999.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- - 338, approving the Habitat Management Plan for Natural Communities in the City of Carlsbad and incorporating the revisions contained in the HMP Errata
sheet dated September 21, 1999, and authorizing staff to submit the Habitat
Management Plan with revisions to the California Department of Fish and Game
and U.S. Wildlife Service (“Wildlife Agencies”) for review and approval.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
(The HMP Errata sheet dated September 21, 1999 is on file in the City Clerk’s Office.)
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Mayor Lewis adjourned to the Housing and Redevelopment Commission at 10: 11 p.m. Council
reconvened at 10: 13 p.m. with Mayor Lewis and all four Council Members present.
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Board at 10:13 p.m. Council
reconvened at 10: 14 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB #15,405 - FY 1998 GOAL ACHEIVEMENTS AND UPDATE ON THE
ESTABLISHMENT OF FY 1999-2000 GOALS.
This item was continued to the October 5, 1999, Council Meeting.
COUNCIL REPORTS AND COMMENTS:
None.
CITY MANAGER COMMENTS:
None.
.g a
September 21, 1999 CITY COUNCIL Page 13
CITY ATTORNEY COMMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of September 21, 1999, was adjourned at 10:15 P.m.
Respectfully submitted, &5ifiif& Assistant City Clerk
Lorraine M. Wood
Deputy City Clerk