HomeMy WebLinkAbout2000-05-16; City Council; Minutes (2)MINUTES
-.
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 16,200O
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent:
Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard,
and Kulchin.
None.
INVOCATION
Mayor Lewis offered the invocation.
FLAG SALUTE
Council Member Kulchin led the flag salute.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Hall, Minutes of the following meetings were unanimously
approved as presented:
Minutes of the Special Meeting held May 2, 2000.
Minutes of the Regular Meeting held May 2, 2000.
Minutes of the Joint Special Meeting held May 2, 2000.
ANNOUNCEMENT:
Mayor Lewis announced that Council Members have been invited to attend, and may be
participating in the following events:
Wednesday, May 17, 2000, Council Study Session, II:00 a.m. to I:00 p.m., 1635 Faraday
Center, Carlsbad.
Thursday, May 23, 2000, S. W. Quadrant Meeting, 7:00 p.m., Auditorium at the Dove Library,
1775 Dove Lane, Carlsbad.
, 1
May 16,200O Carlsbad City Council Page 2
PRESENTATIONS:
Mayor Lewis presented Lloyd Hubbs, Director of Public Works, with a proclamation declaring
May 21-27, 2000 “Public Works Week”.
CONSENT CALENDAR:
Items #I and #I2 were removed from the Consent Calendar for discussion.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the
Consent Calendar, Items #I through #12, with the exception of #I and
#I 2, as follows:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin.
NOES: None.
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 #I 5,731 - 2000 GRAD NITE CONTRIBUTIONS.
This item was removed for discussion.
99 2. AB #I5732 - FINAL MAP FOR CARLSBAD TRACT 95-02, FOUR SEASONS RESORT
- EAST VILLAGE.
Council adopted RESOLUTION NO. 2000-143, approving the final map for Unit 3,
Aviara Planning Areas Portion of 2B and 10, Four Seasons Resort - East Village.
99 3. AB #15,733 - FINAL MAP FOR CARLSBAD TRACT 96-03, PACIFIC VIEW ESTATES
#2.
Council adopted RESOLUTION NO. 2000-144, approving the final map for Pacific
View Estates #2.
44 4. AB #15,734 - FINAL MAP FOR CARLSBAD TRACT 96-03, PACIFIC VIEW ESTATES
#3.
Council adopted RESOLUTION NO. 2000-145, approving the final map for Pacific
View Estates #3.
99 5. AB #15,735 - APPROVAL OF QUITCLAIM OF PEDESTRIAN ACCESS EASEMENT -
ARROYO LA COSTA, UNIT 2 - CT 88-03-2 - PR 99-87.
Council adopted RESOLUTION NO. 2000-146, quitclaiming an easement for
pedestrian access over Lot 479, Map 13386, Arroyo La Costa, Unit 2.
h .
May 16,200O Carlsbad City Council Page 3
84 6. AB #15,736 - PURCHASE OF FIRE TRUCK.
Council adopted RESOLUTION NO. 2000-147, approving the purchase of a fire truck
from Seagraves Fire Apparatus Inc.
97 45 7. AB #I 5,737 - 1999 PAVEMENT OVERLAY - PROJECT NO. 3667-2.
Council adopted RESOLUTION NO. 2000-148, accepting the construction of the 1999
Pavement Overlay Project as complete, and directing the City Clerk to record the
Notice of Completion and release bonds appropriately.
83 8. AB #15,738 - APPROVAL OF USED OIL BLOCK GRANT APPLICATION.
Council adopted RESOLUTION NO. 2000-149, approving the Public Works grant
application to the California Integrated Waste Management Board Used Oil Block
Grant Program to encourage recycling or disposal of used oil.
70 9. AB #I 5,749 - EMERGENCY REPAIRS TO SENIOR CENTER.
Council adopted RESOLUTION NO. 2000-165, authorizing the City Manager to
procure the necessary equipment, services and supplies to provide building repairs to
the Senior Center.
60 lo. AB #15,739 - APPROVAL OF PROPERTY, AND BOILER AND MACHINERY
INSURANCE.
Council adopted RESOLUTION NO. 2000-150, authorizing the renewal of property
insurance under the Public Entity Property Insurance Program.
104 11. AB #15.740 - APPROVAL OF CONSULTANT AGREEMENT FOR COASTAL RAIL 45 TRAIL.
Council adopted RESOLUTION NO. 2000-151, approving a consultant agreement
with Transtech Engineers, Inc. for the continued development of the Coastal Rail Trail
Project.
73 12. AB #15,741 -APPROVAL OF RESIDENTIAL INFILL DEVELOPMENT.
This item was removed for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS
84 1. AB #15,731 - 2000 GRAD NITE CONTRIBUTIONS.
Jaci Morgan, 3358 Oleander Avenue, San Marcos, representing the San Marcos High School
Grad Nite Committee, spoke in support of their request and asked Council to adopt the
resolution.
May 16,200O Carlsbad City Council
h
Page 4
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION
NO. 2000-142, authorizing the 2000 Grad Nite Contributions, to be
distributed on a proportionate basis, to Carlsbad High School, La Costa
Canyon High School, San Dieguito High School Academy, and to San
Marcos High School.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None.
12. AB #I 5,741 - APPROVAL OF RESIDENTIAL INFILL DEVELOPMENT.
Mike Holzmiller, Planning Director, reviewed the staff report. He noted that the infill
requirements would not apply to new or remodeled single family homes.
Mayor Pro Tern Hall asked what is the procedure in the situation of a lot split or small
subdivision where no homes were proposed and at the time of the discretionary decision the
design of the homes would not be known. Mr. Holzmiller said in that case, illustrating only
the grading would be needed. If at a later time houses were proposed on that same
property, the public review process would be pursued.
ACTION: On a motion by Council Member Finnila, adopted RESOLUTION NO.
2000-152, directing staff to prepare an Administrative Policy which
specifies that all infill residential projects requiring a discretionary or
Administrative Permit, and bordered on a minimum of two sides by
existing single family residential development, shall be required to post
project notices on the project site; and directing staff to amend the City’s
application requirement forms to require the posting of on-site project
notification signs consistent with this administrative policy and to require
the submittal of photo-simulation exhibits for all infill residential projects.
AYES: Lewis, Hall, Finnila, Nygaarc
NOES: None.
INTRODUCTION OF ORDINANCE
43 13. AB #I 5,743 - CHEVRON POINSETTIA VIL
, Kulchin.
AGE - CUP 99-lS/CDP 99-35.
Ron Ball, City Attorney, reviewed the staff report. Barbara Kennedy, Associate Planner,
responded to Council and explained that under Condition A, in Resolution No. 2000-I 54, the
developer will submit a noise analysis. If noise analysis doesn’t meet the noise criteria, the
project would need additional mitigation measures. She also explained how the noise
calculations are performed. Ms. Kennedy said that with the sound wall mitigation in place,
the loudest exterior noise that would be coming from the car wash would be less than 55 dB.
The loudest noise level that would be experienced by the neighbors inside their homes would
be 43 dB. In terms of averages, the average exterior noise level would be 48 dB and the
average interior noise level is 40 dB. The noise levels may be audible at times; however,
May 16,200O Carlsbad City Council Page 5
they are well below the noise levels currently experienced by the neighbors. Ms. Kennedy
said that the City would allow up to 45 dB for interior noise levels, per the Noise Guideline
Manual.
Mayor Pro Tern Hall said he would like the project to be conditioned to a maximum level of
interior noise at 43 dB. He said this is important so that the neighbors do not experience
single events of noise from the air compressor, etc., from the car wash, inside their homes.
Mayor Pro Tern Hall said he would like the project also to be conditioned so that trees will be
planted in front of the project.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE
NO. NS-544, adding Section 10.12.070 to the Carlsbad Municipal Code
to provide for the enforcement of the California Vehicle Code on private
roads.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin.
NOES: None.
In response to Council, Ms. Kennedy said that it is possible to increase the number of trees
in the front of the project (along the 12 foot sound wall).
In response to Council, Mr. Ball noted that Council had previously approved the
Environmental Negative Declaration. He explained that if Council now desires to change a
condition that would affect the Environmental Negative Declaration, the project would need to
go through the public review process again. However, at the end of one year, Council could
consider another amount of noise for this project.
Council Member Finnila said she did not wish to send this project back through the public
review process. Mayor Pro Tern Hall asked for the applicant’s response to conditioning the
project at 43 dB.
Mike Holzmiller, Planning Director, noted that that during the annual review of the project,
staff would make sure that the project is within the City’s noise standards of 60 dB for
exterior noise and 45 dB for interior noise. If Council desired staff to do something different,
Mr. Holzmiller said a condition would be appropriate.
Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, representing the
applicant, said the peak interior noise would be 43 dB. He explained that there is no audible
difference between 43 and 45 dB. Mr. Hofman suggested that additional mitigation
measures could occur after the car wash had been in use.
Mayor Pro Tern Hall offered a motion stating that the noise inside neighbors’ homes would
not exceed 43 dB’s. However, it failed due to the lack of a second.
May 16,200O
ACTION:
Carlsbad City Council Page 6
Council Member Finnila made a motion that Council adopt
RESOLUTION NO. 2000-154, with the understanding that Condition A
not be changed.
AYES: Finnila, Nygaard.
NOES: Lewis, Hall, Kulchin
Since the above motion failed, Council continued their discussion.
Council Member Kulchin expressed concern for noise and traffic. Mayor Lewis expressed
concern for the circulation pattern inside the project.
Council discussion ensued regarding setting the interior noise standard for this project at 43
dB with a review by Council after one year. Mr. Hofman said they would accept this condition,
if it means the project would be approved.
In response to Council, Mr. Ball said that Council has the ability to set the noise standard for
this particular project without impacting the noise standards for the entire City. He said that if
Council desires to condition the project for 43 dB interior noise, Resolution No. 2000-154
could be adopted tonight with direction to staff to amend Condition A as follows:
A. interior noise as identified in the noise report submitted in support of
the application and on file in the Planning Department shall not
exceed 43 dB. The developer shall submit a noise analysis
indicating compliance with this condition concurrent with the first
annual review of the conditional use permit for this site. Additional
noise mitigation measures may be required if the annual review
indicates they are necessary or appropriate. The exact additional
mitigation measures shall be determined at a public hearing by the
City Council following recommendations by the Planning
Commission.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION
NO. 2000-154, and direct staff to amend Condition A as follows:
A. Interior noise as identified in the noise report submitted in support of
the application and on file in the Planning Department shall not
exceed 43 dB. The developer shall submit a noise analysis indicating
compliance with this condition concurrent with the first annual review
of the *conditional use permit for this site. Additional noise mitigation
measures may be required if the annual review indicates they are
necessary or appropriate. The exact additional mitigation measures
shall be determined at a public hearing by the City Council following
recommendations by the Planning Commission.
AYES:
NOES:
Hall, Finnila, Nygaard.
Lewis, Kulchin.
Council Member Finnila said she supported the motion so that the project could proceed.
May 16,200O
ADOPTION OF ORDINANCES
Carlsbad City Council Page 7
67 14. AB #15,747 - REVISION OF MUNICIPAL CODE 8.36 PROHIBITING CAMPING ON
PUBLIC PROPERTY EXCEPT IN AREAS SPECIFICALLY AUTHORIZED FOR SUCH
ACTIVITY.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO.
NS-542, amending Title 8, Chapter 8.36 of the Carlsbad Municipal Code,
to prohibit camping on public property, except in areas that have been
specifically authorized for such activity.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin.
NOES: None.
72 15.AB #15,748 - DESIGNATING “NO PARKING” ON THE EASTERLY SIDE OF THE
CARLSBAD BOULEVARD SOUTHBOUND LANES FROM PALOMAR AIRPORT ROAD
TO A POINT 535 FEET SOUTH.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO.
NS-543, amending Title 10, Chapter 10.40 of the Carlsbad Municipal
Code by the Revision of Section 10.40.041 to establish NO PARKING
from 1 I:00 p.m. to 5:00 a.m. on the easterly side of the southbound lane
of Carlsbad Boulevard from Palomar Airport Road to a point 535 feet
southerly of Palomar Airport Road.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin.
None.
Barbara Mead, 4140 Adams Street, President of the Carlsbad Museum Board, announced
the opening of the City sponsored Summer Exhibit at the Children’s Museum, May 20, 2000
to September 10, 2000.
Bill Kornik, 4800 Paseo Del Norte, representing the dealers at Car Country Carlsbad,
expressed concern about traffic and safety issues in their area, specifically excessive speed
and the need for off-street parking.
Gregg Gorgas, 6552 Bluebonnet, discussed the need for traffic and stop signs at Plum Tree
Road and Aviara Parkway. He said he would send correspondence to staff.
Bob Johnson, Deputy City Engineer, said when the letter is received from Mr. Gorgas, staff
will conduct two traffic studies and schedule discussion with the Traffic Safety Commission in
July. Mr. Johnson noted that according to Mr. Gorgas, a stop sign would still be needed after
Aviara Parkway is opened
May 16,200O
PUBLIC HEARINGS
Carlsbad City Council Page 8
113 16. AB #I!5742 - SDP 96-14(A)/CDP 96-16(A) - LEGOLAND CALIFORNIA EXPANSION AREAS 1
AND 3.
Don Neu, Senior Planner, reviewed the staff report and described the topography and
elevations throughout the project.
Mayor Lewis opened the duly noticed public hearing at 7:25 p.m.
Mark Germyn, President and General Manager, LEGOLAND, 3335 Camino Coronado, spoke
in support of their request and described their safety program and safeguards in the system.
Tim Stripe, 5900 Pasteur Court, representing Grand Pacific Resorts, spoke in support of
LEGOLAND’S request.
All persons having been heard who wished to speak, the Mayor closed the public hearing at
7:30 p.m.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION
NO. 2000-153, approving a Mitigated Negative Declaration, Addendum
and Mitigation Monitoring and Reporting Program, Site Development
Plan Amendment No. SDP 96-14(A) and Coastal Development Permit
Amendment 96-16(A) to increase the building height, permit
development of Expansion Areas 1 and 3, and permit the construction of
the Bat-flyer Ride in the Castle Hill Cluster of Legoland on property
generally located on the north side of Palomar airport Road East of
Armada Drive and west of Hidden Valley Road within Planning Area 4 of
the Carlsbad Ranch Specific Plan in Local Facilities Management Zone
13.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin.
None.
Mayor Lewis declared a recess at 7:35 p.m.
ADJOURNMENT TO CARLSBAD PUBLIC FINANCING AUTHORITY
Council reconvened at 7:41 p.m. with the Mayor and all four Council members present.
Mayor Lewis adjourned to the Carlsbad Public Financing Authority at 7:41 p.m. with the Chair
and all four Board Members present.
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT
Chair Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7:44 p.m. with the
President and all four Board Members present.
May 16,200O Carlsbad City Council Page 9
ADJOURNMENT TO CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
President Lewis adjourned to the Carlsbad Housing and Redevelopment Commission
Meeting at 7:45 p.m. with the Chair and all four Commissioners present
CONTINUATION OF THE CARLSBAD CITY COUNCIL MEETING
Chair Lewis adjourned to the Carlsbad City Council meeting at 7:54 p.m. with the Mayor and
all four Council Members present.
(Citing a conflict of interest, Mayor Pro Tern Hall left the dais at 7:54 p.m.)
DEPARTMENTAL AND CITY MANAGER REPORTS:
28 17. AB #15,744 - PROPOSED SOUTH CARLSBAD COASTAL REDEVELOPMENT
PROJECT.
Ron Ball, City Attorney, reviewed the staff report.
Council Member Finnila expressed concern regarding the discrepancy between the staff
report and Resolution No. 2000-163 regarding tax increases. Mr. Ball explained that the
language in Resolution No. 2000-163 is accurate as presented to Council. Mr. Ball said that
“tax revenues” in the staff report could be replaced with “tax rate increases”.
ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION
NO. 2000-161 calling for a joint public hearing on the proposed
redevelopment plan and related environment impact report for the South
Carlsbad Coastal Redevelopment Project; and,
Council adopted RESOLUTION NO. 2000-162 finding that the use of
taxes allocated from the South Carlsbad Coastal Redevelopment Project
Area for the purpose of increasing, improving, and preserving the
community’s supply of low and moderate income housing outside the
project area will be of benefit to the project; and,
Council adopted RESOLUTION NO. 2000-163, electing to receive all or
a portion of the tax revenues pursuant to Health and Safety Code
Section 33676 and 33607.5.
AYES: Lewis, Finnila, Nygaard, Kulchin.
NOES: None.
ABSENT: Hall.
(Mayor Pro Tern Hall returned to the dais at 7:57 p.m.)
May
113 18.
16,200O Carlsbad City Council Page 10
AB #I51745 - SOUTHEAST CORNER OF POINSETTIA LANE AND l-5 RESOLUTION
OF INTENTION.
Eric Munoz, Senior Planner, presented the Resolution of Intention that was requested by the
City Council on October 26, 1999 and answered questions from Council regarding land use
and zoning.
Peter Walsh, 2885 Sanford Lane, representing the property owner, spoke in opposition of the
Resolution of Intention and asked Council not to adopt Resolution No. 2000-164. He spoke
in support of moving forward with the neighborhood commercial center. He noted that
correspondence had been sent to the Coastal Commission regarding this property (not on
file in the City Clerk’s Office), but a response has not yet been received.
Council and staff discussion ensued regarding Lowder Lane’s designation and emergency
access. Bob Johnson, Deputy City Engineer, said that staff has made a preliminary
assessment into a possible secondary emergency access.
Lois Martyns, 7304 Lantana Terrace, Vice President of Sea Cliff Homeowner’s Association,
requested that Council rezone the property from neighborhood commercial to multi-family
residential.
Mayor Pro Tern Hall expressed concern that while waiting for the Coastal Commission’s
response, a temporary taking of the land might occur. Ron Ball, City Attorney, explained that
the taking would depend on many factors; most importantly, whether or not the property
owner has been denied all economic use.
Council Member Kulchin said she remains supportive of the Resolution of Intention
(Resolution No. 2000-I 64). Council Member Nygaard expressed concern about the
response from the Coastal Commission and their opposition to a zone change request.
Council Member Finnila requested that correspondence from Dennis Paquet, 7020 Rockrose
Terrace, regarding the South East Corner at l-5 and Poinsettia, be entered into the record.
(This correspondence is on file in the City Clerk’s Office).
Council Member Finnila spoke in support of denying the Resolution of Intention. Mayor Pro
Tern Hall agreed and said he did not wish to study office or residential uses. In response to
Council Member Kulchin, Mr. Munoz explained the Office Zone requirements and the
conditional uses allowed in the Office Zone.
Mayor Lewis said that ingress/egress is needed and expressed concern for spot zoning. He
said this is an inappropriate site for commercial use.
ACTION: On a motion by Mayor Pro Tern Hall, Council denied the zone change.
(Resolution No. 2000-164 was not adopted.)
AYES:
NOES:
Hall, Finnila, Nygaard.
Lewis and Kulchin.
May 16,200O Carlsbad City Council Page 11
19. AB #15,746 - PROPOSED 2000-2001 TO BUILD-OUT CAPITAL IMPROVEMENT
PROGRAM.
Helga Stover, Senior Accountant, and David Hauser, Deputy City Engineer, presented the
staff report.
Mayor Pro Tern Hall asked when would Reach 2 of Cannon Road be opened. Mr. Hauser
said there is a portion under construction and it has been divided into two subreaches: 2a
and 2b. He described each subreach.
Ken Price, Recreation Director, responded to Council and said that the Capital Improvement
Program identifies the swim complex as being located at Alga Norte Park. It is anticipated
that the land will be acquired by the end of the next fiscal year.
Mayor Lewis said a decision needs to be made as to whether or not the Golf Course will be
built.
In response to Council Member Finnila regarding the industrial park, Mr. Price said staff has
met with the neighbors and it was decided that more input is needed from everyone in Zones
5, 13 and 16.
ACTION: On a motion by Mayor Pro Tern Hall, Council received the report and set
the public hearing for June 20,200O for the Proposed 2000-2001 To
Build-Out Capital Improvement Program.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None.
20. AB #15,713 - FORMATION OF A CITIZENS COMMITTEE TO DEVELOP THE
CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM.
Council Member Kulchin appointed Michael Ott.
Council Member Nygaard appointed Howard Heffner.
Council Member Finnila appointed John Murphey.
Mayor Pro Tern Hall appointed Kip McBane.
Mayor Lewis appointed Tom Blake, Traffic Commission Representative; Courtney Heineman,
Planning Commission Representative; and Jim Stachoviak.
l .
May 16,200O
ACTION:
Carlsbad City Council Page 12
On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION
NO. 2000-135 and affirmed the following appointments:
Michael Ott
Howard Heffner
John Murphey
Kip McBane
Tom Blake
Courtney Heineman
Jim Stachoviak
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
Mayor Lewis asked Bob Johnson, to contact the appointees.
COUNCIL REPORTS AND COMMENTS: None
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of May 16, 2000 was adjourned at 9:04 p.m.
Respectfully submitted,
c/ Cfty Clerk
Janice Breitenfeld
Deputy City Clerk