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HomeMy WebLinkAbout2000-01-25; City Council; Minutes (3)0 0 MINUTES MEETING OF : CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 25,2000 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 City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and Absent: None. Kulchin ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: LEGOLAND Reception for New President, One Leg0 Drive, Wednesday, January 26th at 5:30 p.m. Rancho Carrillo Family Housing Apartments Grand Opening, 6053 Paseo Acampo, Thursday, January 27th at 3:OO p.m. Karl Strauss Restaurant Grand Opening Event, 5801 Armada Drive, Monday, January 3 lst at 5:OO p.m. CONSENT CALENDAR: Item #1 was removed from the Consent Calendar for discussion. ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Item #2 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 #15,588 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar for discussion. 2. AB #15,589 - APPROVAL OF APPLICATION FOR FEDERAL TEA-21 FUNDS. Council adopted RESOLUTION NO. 2000-28, authorizing the application for Federal Internodal Surface Transportation Efficiency Act (ISTEA) TEA-2 1 funding for the Coastal Rail Trail and the Palomar Airport Road and 1-5 Interchange. 0 0 January 25,2000 CITY COUNCIL Page 2 ITEM REMOVED J?ROM CONSENT CALENDAR 1. AB #15.588 - ACCEPTANCE OF DONATION. Councilmember Kulchin reviewed the staff report and expressed appreciation to Mr. And Mrs. Gowland for their donation. ACTION: On a motion by Councilmember Kulchin , Council adopted RESOLUTION NO. 2000-27, acknowledging a donation to the Carlsbad Library Foundation and approving the naming of the new library meeting room, “The George and Patricia Gowland Meeting Room”. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. PUBLIC COMMENT: Lori Wickham, 4055 Park Drive, asked Council to use changes to the residential building code formulas as a mechanism to address concerns regarding Future Improvement Agreements and Dedications. She asked Council to consider recommendations for additional City Commissions to provide staff with citizen input. In order to reduce expenses, Mrs. Wickham suggested that the City’s commissions be utilized as consultants. Mrs. Wickham also requested Council provide the funding necessary to enable the Traffic Division of the Carlsbad Police Department to enforce the current traffic regulations. ITEM TAKEN OUT OF ORDER By consensus, Council agreed to take Item No. 8 out of order and hear it at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #15,594 - PRESENTATION BY THE STREET TREE POLICY COMMITTEE CHAIRPERSON ON THE FINAL REPORT FOR AN UPDATED STREET TREE POLICY. Eric Larson, Chairman of the Street Tree Policy Committee, introduced Tony Lawson, Vice Chairman, and the members of their committee. Mr. Larson described the process used for developing the street tree policy, and highlighted the final report and recommendations. He noted that the Committee is recommending that no fee be associated with an appeal to Council. In response to Council, Mr. Larson explained the proposed appeal process and the strategies for planting trees. Councilmember Finnila referred to “Statement of Policy - Tree Replacement” and said that the language in Item Nos. 2,5 and 8 should be changed to reflect recommendations, rather than policies. She also expressed concern that the language in Item No. 1 is too strong as there might be situations where the replacement of a street tree is not desired. Mr. Larson responded to Mayor Lewis’s inquiry regarding the lack of an appeal fee and explained that the Committee sought to keep the appeal process as simple as possible. He suggested that the issue could be reviewed after several months. Mayor Lewis asked if the Parks and Recreation Commission would be involved in this issue. Tony Lawson, Vice Chairman, explained that the Parks and Recreation Commission has been reluctant to address tree issues; and, therefore, a Tree Commission with a seven year sunset is being recommended by the Street Tree Policy Committee. Mr. Larson noted that the seven year sunset ties in closely with the “Accessory Recommendations” presented by the Committee. 0 e January 25,2000 CITY COUNCIL Page 3 In response to Mayor Lewis, Mr. Larson explained how several of the recommendations will help to prevent another situation such as that which occurred on Charlene Circle. Councilmember Kulchin spoke in support of the Committee’s recommendations, including no appeal fee. Councilmember Nygaard concurred and said she would like to review the no appeal fee policy after six months. Councilmember Finnila expressed concern for liability issues and stated that the Historic Preservation Commission is an excellent candidate to identify the heritage trees. She recommended that a small fee be attached to the appeal process to emphasize the seriousness of the procedure. Councilmember Finnila said there might be opportunities to create a forest area and this aspect should be coupled with the work of the Parks and Recreation Commission. Educating the citizens regarding the damage puncturing trees can cause was also an important issue Councilmember Finnila said needs to be addressed. She also spoke of the need for staff to present to Council a fiscal impact analysis. Mayor Pro Tem Hall spoke in support of the Committee’s recommendations. Mayor Lewis concurred and spoke of the need for a small appeal fee. ACTION: On a motion by Mayor Pro Tem Hall Council adopted RESOLUTION NO. 2000-32 accepting the Street Tree Policy Committee’s Final Report and direct staff to finalize the proposed Street Tree Policy and return to Council for adoption. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. RECESS Mayor Lewis declared a recess at 7:05 p.m. Council reconvened at 7: 12 p.m. with all members present. PUBLIC HEARINGS: 3. AB #15.590 - ZCA 99-07LCPA 99-07 - BASEMENT DEFINITION REVISION. Eric Munoz, Senior Planner, presented the staff report. In response to Council, Mr. Munoz said that city- wide ground water affecting basements would be reviewed on a case-by-case basis. Mr. Munoz also explained that previously, the underground parking has been tied to the basement definition, which has left a portion of the building exposed. Therefore, staff is recommending the proposed amendment. Ron Ball, City Attorney, referred to the first paragraph, Line 14, in the proposed ordinance and said that “. . .buildings other than projects . . .” should be changed to read, “. . .buildings and projects.. .”. Mayor Lewis opened the duly noticed public hearing at 7:25 p.m. and asked if anyone wished to speak on this matter. Seeing no one wishing to speak, the Mayor closed the public hearing at 7:25 p.m. Mayor Pro Tem Hall expressed concern that environmental questions have not been addressed and adoption of the ordinance is premature. Therefore, he would not support the proposed amendment. e 0 January 25,2000 CITY COUNCIL Page 4 ACTION: On a motion by Councilmember Finnila Council introduced ORDINANCE NO. NS-532 approving ZCA 99-07, to revise the city’s “basement” definition in the Carlsbad Municipal Code, including the change to the first page of the ordinance, Line 14, to read “. ..buildings and projects.. .” and adopted RESOLUTION NO. 2000-29 (LCPA 99-07) amending all segments of the City’s Local Coastal Program. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: Hall. 4. AB #15.591-ZC 99-06kCPA 99-05 .. STEINER PROPERTY. Van Lynch, Associate Planner, presented the staff report and recommendation. Mayor Lewis opened the duly noticed public hearing at 7:30 p.m. and asked if anyone wished to speak on this matter. Darren Warren, representing the applicant Western Pacific Housing, 2385 Camino Vida Robles, Suite 107, expressed appreciation to staff and said he was present to answer any questions. In response to Councilmember Nygaard, Mr. Warren said that Poinsettia Avenue will be connected to El Camino Real within one year of the recordation of the final map. Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:3 1 p.m. ACTION: On a motion by Mayor Pro Tem Hall Council introduced ORDINANCE NO. NS-533 approving ZC 99-06 and adopted RESOLUTION NO. 2000-30 approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change; ZC 99-06 and Local Coastal Program Amendment, LCPA 99-05. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 5. AB #15,592 - CT 99-O9/CP 99-06 - RANCHO CARRILLO VILLAGE “N”. Anne Hysong, Associate Planner, presented the staff report and recommendation. She noted that an Errata sheet with an additional condition had been distributed to Council. The condition is to read as follows: Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Councilmember Finnila spoke of the importance of the developer notifling prospective buyers that their children may not necessarily be attending Carlsbad schools and information regarding the special districts in Carlsbad. In response to Councilmember Finnila, Ms. Hysong described the trellis and patio cover plan for this project. 0 0 January 25,2000 CITY COUNCIL Page 5 Mayor Lewis said that some buyers had indicated confusion as to what areas would remain permanent open space. Michael Holzmiller, Planning Director, explained that said that 800 of the 1,600 proposed units have been constructed. The property has been mass graded and is easily identifiable as a future building site. In response to Council, Ms. Hysong described the measurements of the gated entrance, slope and surrounding property, noting the extensive buffer. Mayor Lewis opened the duly noticed public hearing at 750 p.m. and asked if anyone wished to speak on this matter. Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, concurred with the Errata sheet and noted that all mass grading has been completed. In response to Councilmember Nygaard, Mr. Howes said that the electric entrance gate can be manually pushed open in the event of a power failure. Seeing no one else wishing to speak, the Mayor closed the public hearing at 751 p.m. Council concurred that this project will fill a need for housing of this type. Extensive Council and staff discussion ensued regarding the single ingresdegress point for this project, which meets the City’s standards. A pedestrian access point was suggested by Council; however, Mayor Lewis said he felt there should be two ingresdegress points for the project. He spoke in support of reviewing current City standards. In response to Council, Ms. Hysong suggested the possibility of installing a pedestrian access up to Melrose Drive, just on the other side of the sound wall. Mr. Howes said they are willing to discuss with staff the possibility of installing a solid pedestrian gate up to Melrose Drive. Ron Ball, City Attorney, recommended that if this is Council’s desire, a condition be added that such a pedestrian gate be subject to the satisfaction of the Planning Director. ACTION: On a motion by Mayor Pro Tem Hall Council adopted RESOLUTION NO. 2000-31 approving a Mitigated Negative Declaration and Mitigation Monitory and Reporting Program, Tentative Tract Map, CT 99-09 and Condominium Permit, CP 99-06, incorporating a secondary pedestrian access point to Melrose Drive, subject to the satisfaction of the Planning Director; and, that the following condition be added: Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department); and, that a second pedestrian access point to Melrose Drive be incorporated into the project, subject to the satisfaction of the Planning Director, AYES: Hall, Finnila, Nygaard, Kulchin NOES: Lewis. ABSENT: None. By consensus, Council directed staff to review standards regarding access points for projects. a .. January 25,2000 CITY COUNCIL Page 6 ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD: Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 8: 10 p.m. with Mayor Lewis and all four Council Members present. ADJOURNMENT TO THE CARLSAD MUNICIPAL WATER DISTRICT AND CITY COUNCIL (Joint and Suecial Meeting) President Lewis adjourned to the Carlsbad Municipal Water District and City Council (Joint and Special Meeting) at 8:32 p.m. with PresidentMayor Lewis and all four Council Members present. ADJOURNMENT TO THE CARLSBAD CITY COUNCIL, HOUSING AND REDEVELOPMENT w PresidentiMayor Lewis adjourned to the Carlsbad City Council, Housing and Redevelopment Commission and Public Improvement Corporation (Special Meeting) at 854 p.m. with Mayor/Chairperson/President Lewis and Councilmembers/Commissioners/Boardmembers Hall, Finnila and Nygaard present. Councilmember/Commissioner/Boardmember Kulchin was absent, ADJOURNMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION (Suecial Meeting) Mayor/Chairperson/President Lewis adjourned to the Carlsbad Housing and Redevelopment Commission (Special Meeting) at 855 p.m. with Chairperson Lewis, Vice-Chairperson Hall, Commissioners Finnila and Nygaard present. Commissions Kulchin arrived at 856 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #15,594 - PRESENTATION BY THE STREET TREE POLICY COMMITTEE CHAIRPERSON ON THE FINAL REPORT FOR AN UPDATED STREET TREE POLICY I This item was considered earlier in the meeting. See Page 2. 9. AB#15.595 - INTEGRATED TRANSPORTATION PROGRAM STRATEGY ’ 4 Bob Johnson, Deputy City Engineer, presented the staff report and recommendation. Councilmember Nygaard spoke of the importance of supporting the entire rail corridor and not just that located in the City. Councilmember Kulchin concurred and said it is a regional effort. She expressed concern that this program is in jeopardy as a result of the plan proposed by State Senator Steve Peace (40” District). Mayor Pro Tem Hall said he would need more information before he could support a dedicated bus lane in Carlsbad. He suggested that North County Transit District needs to identify and work closely with their target markets. Mayor Lewis said he will support this program, but said the only way to address the need is through legislation. He said this is the best approach he has heard to date to address the transportation need. Council concurred to encourage and support double tracking of the rail corridor and to delete “. . .within city limits.” in the second bullet under “Transit Policy Statement” in Exhibit A (Transportation Policy Statements). a a January 25,2000 CITY COUNCIL Page 7 ACTION: On a motion by Mayor Pro Tem Hall Council adopted RESOLUTION NO. 2000-33 accepting the Integrated Transportation Program Strategy and adopting the policy statements with the deletion of “. . .within city limits.” in the second bullet under “Transit Policy Statement” in Exhibit A (Transportation Policy Statements). AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 10. AB #15,596 - CARLSBAD COMMUNITY CABLE TELEVISION FOUNDATION APPOINTMENTS. Mayor Lewis recommended that Nicole Pappas, representing the CUSD; and Ralph Marchioni be reappointed and that Don Polese be appointed. ACTION: On a motion by Mayor Pro Tem Hall Council adopted RESOLUTION NO. 2000-34, reappointing Nicole Pappas; RESOLUTION NO. 2000-35 reappointing Ralph Marchioni; and, RESOLUTION NO. 2000-36 appointing Don Polese to the Board of Directors for the Foundation for Carlsbad Community Cable Television AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. COUNCIL REPORTS AND COMMENTS: Mayor Lewis said he had previously submitted a two page report on the meeting he attended facilitated by State Senator Steve Peace (40* District). CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: Ron Ball, City Attorney, noted that an item regarding Senator Peace’s plan is scheduled for the February lst Council Agenda. ADJOURNMENT: By proper motion, the Regular Meeting of January 25,2000, was adjourned at 9:29 p.m. Res ectllly submitted, &%?OD% City Clerk Janice Breitenfeld Deputy City Clerk