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Home My WebLink About2000-02-15; City Council; Minutes (3)J,’ 0 0 MINUTES MEETING OF : REGULAR MEETING OF THE CARLSBAD CITY COUNCIL DATE OF MEETING: February 15,2000 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~ ~~~ CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:OO p.m. ROLL CALL: The roll call was taken by the City Clerk Present: Councilmembers Lewis, Hall, Finnila, Nygaard, Kulchin. Absent: None. LEGISLATIVE INVOCATION: Reverend Douglas Kelly, Christ Presbyterian Church, offered the invocation. ‘ PLEDGE OF ALLEGIANCE: Councilmember Nygaard led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, Minutes of the following meetings were unanimously approved as presented: Minutes of the Regular Meeting held February 1, 2000. PRESENTATION: Monte Enright, Vice President of Operations, Armstrong Nurseries, presented color bowls to Council and invited Council to their grand opening on March 1st at 3:OO p.m. He announced that “City of Carlsbad” rose will be unveiled at the dedication of their rose garden. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, February 16, 2000, 1 I :00 a.m. to 1 :00 p.m., Carlsbad City Council Study Session, Faraday Center, 1635 Faraday Avenue, Carlsbad. Thursday, February 17, 2000, 3:30 p.m., Chamber of Commerce Student Recognitionfleacher Grant Program, Carlsbad City Library, 1775 Dove, Carlsbad. ,>’ February 15,2000 CARLSBA 9 CITY COUNCIL 0 Page 2 Tuesday, February 22,2000,7:00 p.m., Northeast Quadrant Community Forum, Carlsbad City Council chambers, 1200 Carlsbad Village Drive, Carlsbad. Tuesday, February 29,2000,2:00 p.m., Legislative Briefing, Office of Joe and Anthony Gonzalves, 925 L Street, Sacramento. Tuesday, February 29, 2000, 6:OO p.m. , Annual Legislative Appreciation Diner, Sterling Hotel, 1300 H Street, Sacramento. Friday, March 3, 2000, 5:OO p.m., Museum of Making Music Grand Opening Event, NAMM, 5790 Armada Drive, Carlsbad. Sunday, March 5,2000, 12:OO p.m., Museum of Making Music Ribbon Cutting, NAMM, 5790 Armada Drive, Carlsbad. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #I through #3 as follows: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ACTION: On a motion by Councilmember Nygaard, Council affirmed the action of the Consent Calendar, Items #4 as follows: Mayor Pro Tem Hall said he would abstain from this vote as he owns property located in the Village Transportation Corridor. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None. ABSTAIN: Hall. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. AB #15.622- ARENAL ROAD RECONSTRUCTION - PROJECT NO. 3590. Council adopted RESOLUTION NO. 2000-60, accepting the construction of the Arena1 Road Reconstruction as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. I,/ February 15,2000 CARLSBA 9 CITY COUNCIL e Page 3 2. AB #15.623 -APPROVAL OF A SUBORDINATION AGREEMENT AND USE OF DOCUMENTS INSTRUCTIONS/INDEMNIFICATION FOR THE JEFFERSON HOUSE - RP/CUP 83-02. Council adopted RESOLUTION NO. 2000-61, approving a Subordination Agreement and the use of documents instructions and indemnification with PGP Carlsbad Seniors, Ltd., related to the refinancing of the loan for the 48 unit senior housing project located at Jefferson and Oak Avenue. 3. AB #15.626 -APPROVAL OF AGREEMENT FOR CONSTRUCTION/ RECONSTRUCTION OF VARIOUS WATER LINES - PROJECT NO. 3190. Council adopted RESOLUTION NO. 2000-63, approving the agreement with the Olivenhain Municipal Water District for the construction and reconstruction of various water lines within the City, related to the realignment of Rancho Santa Fe Road, and approving additional appropriations. 4. AB #I 5,624 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR VILLAGE TRANSPORTATION CORRIDOR MASTER PLAN AND REUSE FEASIBILITY STUDY FOR THE OAK AVENUE PUBLIC WORKS YARD. Council adopted RESOLUTION NO. 2000-62, awarding a contract to Kosmont & Associates, Inc. for professional services to complete a Village Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue Public Works Yard in the Village Redevelopment Area. ADOPTION OF ORDINANCE: 5. AB #15.625 - MUNICIPAL CODE UPDATE REPLACING REFERENCES TO “ELM AVENUE’’ WITH “CARLSBAD VILLAGE DRIVE”. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-534 amending various sections of the Carlsbad Municipal Code by replacing references to “Elm Avenue” with “Carlsbad Village Drive.” AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. PUBLIC COMMENT - None PUBLIC HEARING: 6. AB #I 5.61 7 - REPEAL AND RE-ENACTMENT OF CARLSBAD MUNICIPAL CODE CHAPTER 21.85 - HOUSING ORDINANCE. Debbie Fountain, Housing and Redevelopment Director, and Craig Ruiz, Management Analyst, reviewed the staff report. February 15,2000 CARLSBA 9 CITY COUNCIL e Page 4 Ms. Fountain suggested a compromise between the Housing Commission and Planning Commission’s position on the use of second dwelling units to satisfy an lnclusionary Housing requirement. The recommendation is to allow second dwelling units with income and rent restrictions to satisfy an inclusionary requirement with a maximum of 15 second dwelling units permitted in any given housing development. Council majority supported staffs recommendation. Ms. Fountain discussed the issue related to increasing the threshold for construction of inclusionary units from 6 to 50 units. Due to issues related to the appropriate fee to be charged if the threshold is increased, staff is recommending that the Council take action to maintain the threshold at 6 units until a study of the fee can be completed. This issue will be returned to the City Council at a later date with a recommendation. In the meantime, the threshold will remain as is. Council majority concurred. Staff is also recommending that Council adopt Resolution No. 2000-52 approving the Local Coastal Program amendment 99-06 (LCPA 99-06) and Zone Code Amendment 99-08 (ACA 99-08), and the related Negative Declaration based upon the findings contained therein, repealing and re-enacting Chapter 21.85 (Inclusionary Housing Ordinance) of the Carlsbad Municipal Code. Ms. Fountain also explained staffs recommendations for the following changes to Ordinance No. NS-535: 1. Paragraph D of Section 21.85.020 should be changed to read as follows: D. “Total residential units” means the total units approved by the final decision making authority. Total residential units are composed of both market rate units and inclusionary units. 2. 21.85.050 Calculatinq the Required Number of lnclusionarv Units Subject to adjustments for incentives, the required number of lower- income inclusionary units shall be fifteen percent (1 5%) of the Total Residential Units, as approved by the final decision-making authority. Fractional unit requirements of .5 or greater will be rounded up to a whole unit, or a fractional proportion of the in-lieu fee may be paid. If the inclusionary units are to be provided within an off-site combined or other project, the required number of lower income inclusionary units shall be fifteen percent (15%) of the total Residential Units to be provided both on and off site. Example 1: Total Residential Units = 15% inclusionary units plus 85% market rate units. If the final decision-making authority approves 100 total residential units, then the lnclusionary requirement equals 15% of the “Total” or 15 units (I00 X .I5 = 15). The allowable market rate units would be 85% of the “Total” or 85 units (100 X .85 = 85). February 15,2000 CARLSBA 9 CITY COUNCIL 0 Page 5 Example 2: If the inclusionary units are to be provided off-site, the total number of inclusionary units shall be calculated according to the total number of market rate units approved by the final decision-making authority. If 100 market-rate units are approved, then this total is divided by .85 which provides a Total Residential Unit count (1 00 / .85 = 11 7). The 15% requirement is applied to this “Total” (1 17 units) which equals the inclusionary unit requirement (I 17 X .I 5 = 17.6 units). With off-site satisfaction of the inclusionary requirement, the total number of inclusionary units will increase. Ms. Fountain explained that if Council concurs with the recommended changes, Ordinance No. NS-535 should not be introduced at this meeting and be referred back to staff to incorporate appropriate language. In response to Council, she said that currently, the terms “offsets” and “incentives” are used interchangeably and the proposed changes will provide clarification regarding the definitions. She answered questions from Council regarding the impact of the area median income on this ordinance. In response to Council, Ron Ball, City Attorney, explained that the proposed changes to the ordinance do not impose any new restrictions. Mayor Lewis opened the duly noticed public hearing at 6:36 p.m. and asked if anyone wished to speak on this matter. Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, spoke in support of staffs recommendations. Jerry Livingston, Staff Counsel, Building Industry Association, (BIA) 6336 Greenwich Drive, Suite A, San Diego, said it is the general policy of the Building Industry Association to oppose inclusionary housing requirements. He reviewed correspondence to Council dated February 15, 2000. This correspondence is on file in the City Clerk’s Office. Mr. Livingston also referenced several industry publications on this topic, on file in the City Clerk’s Office. Seeing no one else wishing to speak, the Mayor closed the public hearing at 6:45 p.m. Mayor Pro Tem Hall said that the second dwelling unit issue should remain as is and not be changed as recommended by staff and that he could not support this item. He said that the permitted number of second dwelling units should not be limited to 15 of the total inclusionary units. Mayor Pro Tem Hall and Council agreed that second dwelling units are a positive element in the community. Council majority concurred with the language proposed by staff. Councilmember Finnila spoke of the importance of the rehabilitation of existing buildings being part of the affordable housing structure. February 15,2000 CARLSBA 6 CITY COUNCIL a Page 6 ACTION: On a motion by Councilmember Nygaard that Council adopt RESOLUTION NO. 2000-52. approving Local Coastal Program Amendment 99-06 (LCPA 9906) and Zone Code Amendment 99- 08 (ZCA 99-08), and the related Negative Declaration based upon the findings contained therein, repealing and re-enacting Chapter 21.85 (Inclusionary Housing Ordinance) of the Carlsbad Municipal Code; and, That Council refer Ordinance No. NS-535 back to include the clean-up language recommended by staff as well as including the following language: 1. Paragraph D of Section 21.85.020 should be changed to read as follows: D. “Total residential units” means the total units approved by the final decision making authority. Total residential units are composed of both market rate units and inclusionary units. 2. 21.85.050 Calculating the Required Number of lnclusionarv Units Subject to adjustments for incentives, the required number of lower-income inclusionary units shall be fifteen percent (I 5%) of the Total Residential Units, as approved by the final decision- making authority. Fractional unit requirements of .5 or greater will be rounded up to a whole unit, or a fractional proportion of the in-lieu fee may be paid. If the inclusionary units are to be provided within an off-site combined or other project, the required number of lower income inclusionary units shall be fifteen percent (1 5%) of the total Residential Units to be provided both on and off site. Example I: Total Residential Units = 15% inclusionary units plus 85% market rate units. If the final decision-making authority approves 100 total residential units, then the lnclusionary requirement February 15,2000 CARLSBA 9 CITY COUNCIL e Page 7 equals 15% of the “Total” or 15 units (1 00 X .I5 = 1 5). The allowable market rate units would be 85% of the “Total” or 85 units (100 X .85 = 85). Example 2: If the inclusionary units are to be provided off-site, the total number of inclusionary units shall be calculated according to the total number of market rate units approved by the final decision-making authority. If 100 market-rate units are approved, then this total is divided by .85 which provides a Total Residential Unit count (1 00 / .85 = 1 17). The 15% requirement is applied to this “Total” (1 17 units) which equals the inclusionary unit requirement (1 17 X .I5 = 17.6 units). With off-site satisfaction of the inclusionary requirement, the total number of inclusionary units will increase. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: Hall. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 653 p.m. with President Lewis and all four Boardmembers present. ADJOURNMENT TO CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION MEETING: President Lewis adjourned to the Carlsbad Housing and Redevelopment Commission Meeting at 7:05 p.m. with Chair Lewis and all four Commissioners present. Citing conflict of interest, Vice Chair Hall left the meeting at 7:06 p.m. CONTINUATION OF THE CITY COUNCIL MEETING Chair Lewis adjourned to the City Council meeting at 7:21 p.m. with all Mayor Lewis and all four Councilmembers present. Mayor Lewis declared a recess at 7:22 p.m. and reconvened the Council meeting at 7:26 p.m. with Mayor Lewis and all four Councilmembers present. February 15,2000 CARLSBA d CITY COUNCIL 0 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #15,627 - AGREEMENT WITH THIRDWAVE CORPORATION FOR ELECTRONIC DOCUMENT MANAGEMENT SYSTEM. Karen Kundtz, Assistant City Clerk, presented a brief history of this project and reviewed the staff report. Addie Mattox, The Mattox Group, explained the importance of phasing the project. She also explained the benefits that ThirdWave Corporation will bring to the project. Frank Adamo, Project Manager, said that security systems will be placed in the hardware and software. In response to Council, Ms. Kundtz described the funding in the contract to be used for training. ACTION: On a motion by Mayor Pro Tem Hall, that Council adopt RESOLUTION NO. 2000-64, approving an agreement with ThirdWave Corporation, for the purchase and implementation of Phases 1 and 2 of a citywide electronic Document Management System. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 9. AB #15.628 - 2000 TRAFFIC SIGNAL EVALUATION POLICY. Bob Johnson, Deputy City Engineer, presented the staff report. In response to Council,..- he explained that each of the traffic signal locations will be placed in the Capital Improvement Program budget and then funding sources will need to be determined. He stated that staff takes into consideration various factors and then estimates the best time for the installation of the signals. Mr. Johnson said that notification of tonight's meeting was sent to interested parties and they would also be notified during the Capital Improvement Program considerations. Marilyn Clement, 6542 Via Barona, said the traffic counts for Alga Road and Xana Way need to be updated. She expressed concern for the overgrown bushes in the median that create difficulty in seeing east bound traffic. Ms. Clement expressed concern that the traffic signal for this location is unfunded and said it should be installed soon. In response to Council, Mr. Johnson said that a traffic count for the intersection of Alga Road and Xana Way was conducted in 1999. He said that staff can restudy this particular intersection and determine if any factors have changed, and present it with the preliminary Capital Improvement Program Study. Council concurred. a February 15,2000 CARLSBAD CITY COUNCIL 0 Page 9 ACTION: On a motion by Mayor Pro Tem Hall, that Council adopt RESOLUTION NO. 2000-65, approving the City of Carlsbad 2000 Traffic Signal Evaluation Policy and direct staff to include the restudy the intersection of Alga Road and Xana Way in the preliminary Capital Improvement Program Study. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. COUNCIL REPORTS AND COMMENTS: Councilmember Kulchin said she will be attending a meeting scheduled for February 24,2000 by Congressman Randy Cunningham, who has invited various agencies to attend to discuss placing sand on the North and South Carlsbad Beaches. Councilmember Nygaard said she and Mayor Pro Tern Hall attended the rededication of the new Jefferson School. Councilmember Finnila reported that the City of Carlsbad will receive approximately $21 million in TEA-21 Funds for the Multiple Habitat Conservation Plan (MHCP). Mayor Pro Tem Hall said he attended the SANDAG North Coast Transportation Study Policy Advisory Committee and a review of the North County corridor was discussed. Mayor Pro Tem Hall noted a possible conflict between Carlsbad’s Habitat Management Plan and growth. Mayor Lewis asked Mayor Pro Tem Hall to accompany him to Long Beach to investigate the Poseidon Project. ADJOURNMENT: By proper motion, the Regular Meeting of February 15, 2000, was adjourned at 8:12 p.m. Respectfully submitted, City Clerk Janice Breitenfeld Deputy City Clerk