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HomeMy WebLinkAbout2001-02-13; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 13,200l TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, February 15, 2001 - 3:30 p.m.; Carlsbad Chamber of Commerce Student Recognition Event at the Carlsbad City Library, 1775 Dove Lane, Carlsbad. Friday, February 16, 2001 - 6:00 p.m.; Carlsbad Senior Center Volunteer Recognition Event, La Costa Resort Clubhouse, 2100 Costa Del Mar Road, Carlsbad DEPARTMENTAL AND CITY MANAGER REPORT Council concurred to take the agenda out of order. 27.AB #16,062 - BRIDGE AND THOROUGHFARE DISTRICT NO. 2 - AVIARA PARKWAY - POINSETTIA LANE 0750-60 Ray Patchett, City Manager, said that additional staff work is needed on this item and he asked that Council refer the item back to staff. ACTION: Moved by Mayor Pro Tern Kulchin that Council refer back to staff the Bridge and Thoroughfare District No. 2 - Aviara Parkway-Poinsettia Lane. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. February 13,2001 Carlsbad City Council Page 2 APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, Minutes of the following meetings were unanimously approved as presented: Minutes of the Joint Special Meeting held January 9,200l. Minutes of the Regular Meeting held January 9, 2001. Minutes of the Special Meeting held January 9, 2001. Minutes of the Special Meeting held January 16, 2001. Minutes of the Special Meeting held January 17, 2001. CONSENT CALENDAR: Council concurred to pull Item Nos. 1, 2 and 17 for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #18, with the exception of Items #I, 2 and 17, as follows: AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 3. 0750-60 4. 0750-60 5. 0750-60 6. 0750-60 AB #16,039 - TRAFFIC SIGNAL AT CARLSBAD VILLAGE DRIVE AND VALLEY STREET INTERSECTION - PROJECT NO. 3620. Council adopted RESOLUTION NO. 2001-28, accepting the construction of the traffic signal at Carlsbad Village Drive and Valley Street as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. AB #16.040 - FINAL MAP FOR CARLSBAD TRACT 98-23 - LA COSTA GREENS. Council adopted RESOLUTION NO. 2001-29, approving the final map for La Costa Greens. AB #16,041 - AWARD OF BID FOR JANITORIAL PAPER SUPPLIES. Council adopted RESOLUTION NO. 2001-30, accepting bids and awarding a bid to Cameo Paper & Janitorial Supply for the purchase of janitorial paper supplies. AB #16,042 -ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2001-31 L accepting a grant from the California Arts Council in support of the joint arts education program of the City and the Encinitas Union School District. February 13,200l Carlsbad City Council Page 3 0750-60 0750-60 0750-60 0750-60 0750-60 0750-60 0750-60 0750-60 7. 8. 9. AB #16,043 -AMENDMENT TO AGREEMENT FOR STREET LIGHT DAMAGE REPAIR SERVICES. Council adopted PESOLUTION NO. 200132, approving Amendment No. 1 to the agreement with Signal Maintenance, Inc. for the repair of damaged street lights. AB #16,044 - APPROVAL OF QUlTCLAlM OF EASEMENT - RANCH0 CARRILLO VILLAGES K & P - CT 97-03. Council adopted RESOLUTION NO. 2001-33, approving a quitclaim for a portion of an existing Open Space Easement. AB #16,045 -APPROVAL OF LEASE AGREEMENT FOR 6351 YARROW DRIVE, SUITE C. Council adopted RESOLUTION NO. 2001-34, approving a lease agreement with Palomar 910 Associates for 6351 Yarrow Drive, Suite C. 10. AB #16,046 - PURCHASE OF POLICE PATROL SEDANS. Council adopted RESOLUTION NO. 200195, authorizing the purchase of eight police patrol vehicles from Ken Grody Ford. 11. AB #16,047 -AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR RANCH0 SANTA FE ROAD, PHASES I& 2 - PROJECT NO. 3190. Council adopted RESOLUTION NO. 200136, approving Amendment No. 4 with Dokken Engineering for professional engineering services for Ranch0 Santa Fe Road, Phases 1 & 2. 12. AB #16.048 - APPROVAL OF VEHICLE ALLOWANCE FOR MAYOR, MAYOR PRO TEM. AND MEMBERS OF THE CITY COUNCIL. Council adopted RESOLUTION NO. 2001-37, increasing the vehicle allowance for the Mayor, Mayor Pro Tern and Council Members by $100 per month as reimbursement for actual and necessary expenses in the performance of their duties. 13. AB #16,049 - APPROVAL OF EMERGENCY ACTION TAKEN FOR REPLACING UNINTERRUPTIBLE POWER SUPPLY SYSTEM AT THE SAFETY CENTER. Council adopted RESOLUTION NO. 2001138, approving emergency action taken by staff for replacement of Uninterruptible Power Supply System at the Safety Center. 14. AB #16.050 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of December 31,200O. February 13,200l Carlsbad City Council Page 4 15. AB #I 6,051- APPROVAL OF AGREEMENT FOR CONSTRUCTION OF PHASE 3 0750-60 OF THE CITY’S INTERNET WEB SITE. Council adopted RESOLUTION NO. 200139, approving an agreement with Queen K Advertising for the purpose of constructing Phase 3 of the City’s Internet web site. 0750-60 16. AB #16.052 - APPROVAL OF AGREEMENT FOR TRANSIENT OCCUPANCY TAX AND BUSINESS LICENSE TAX AUDITING. Council adopted RESOLUTION NO. 2001140, approving an agreement with Capuchino & Associates to perform transient occupancy tax and business license tax auditing. 18.AB #16,054 - 2000-01 SECOND QUARTER FINANCIAL STATUS REPORT, BUDGET AMENDMENTS. 0750-60 Council adopted RESOLUTION NO. 2001-42, increasing the revenue estimates and appropriations for Fiscal Year 2000-01. 1. AB #16,037 - ACCEPTANCE OF DONATION. 0750-60 Council Member Nygaard presented the staff report. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 2001-26 accepting a gift of $1,000 from the Carlsbad Lions Club and appropriating donation to the Library Gifts and Bequests Fund. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 2. A6 #16,038 - ACCEPTANCE OF DONATION. 0750-60 Council Member Nygaard presented the staff report. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 2001-27 accepting a gift of $39,450 from the Friends of the Library and appropriating donation to the Library Gifts and Bequests Fund. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. February 13,200l Carlsbad City Council Page 5 17.AB #16,053 -ACCEPTANCE OF DONATION. 0750-60 Gloria Busman, President of the Carlsbad Arts Associates, presented a check in the amount of $12,000 to the City Council to be deposited into the Arts Office Special Events account. She expressed appreciation to Connie Beardsley, Arts Manager, and her staff for their support of the art programs in Carlsbad. ACTION: On a motion by Mayo Pro Tern Kulchin, Council adopted RESOLUTION NO. 2001-41 accepting a donation from the Carlsbad Arts Associates. AYES: NOES: Lewis, Finnila, Nygaard, and Kulchin. Hall. ORDINANCES FOR ADOPTION 19.AB #16,055 - ESTABLISH AN ALL-WAY STOP AT TWO INTERSECTIONS ON PLUM TREE ROAD 0750-60 Ron Ball, City Attorney, read the title of Ordinance No. NS-567 on second reading. Council Member Finnila said she has thoroughly studied this issue and she could now support the ordinance. ACTION: On a motion by Mayo Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-567 amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops at two locations on Plum Tree Road. AYES: NOES: Lewis, Finnila, Nygaard, and Kulchin. Hall. 2O.AB #16,056 - ESTABLISH STOPS FOR STREETS INTERSECTING PLUM TREE ROAD 0750-60 Ron Ball, City Attorney, read the title of Ordinance No. NS-568 on second reading. ACTION: On a motion by Mayo Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-568 amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the revision of Section 10.28.440 requiring stops for streets intersecting Plum Tree Road AYES: NOES: Lewis, Kulchin, Finnila and Nygaard. Hall. February 13,200l Carlsbad City Council Page 6 Michele Levy, 3021 Highland, expressed concern for the lack of books on empty library shelves and nearby residents using the Cole Library parking lot. She expressed concern that there is no room to display the videos in Cole Library. Mayor Lewis explained that he and Mrs. Levy have discussed these issues several times. Mayor Lewis said he is satisfied with staffs response and he does not agree that there is a problem with the parking situation. 21 .AB #16,057 - ZCA 99-091LCPA 00-02 - SIGN ORDINANCE AMENDMENT 0750-60 Chris Decerbo, Principal Planner, presented the staff report. Council and staff discussion ensued regarding various types of signs and how monument signs are measured. Mr. Decerbo said that the 35 square foot limitation is compatible with the moratorium and could be reconsidered when the moratorium is removed. Legally non-conforming signs were also discussed. In response to Council Member Hall, Mr. Decerbo said that sign ordinance does not apply to address numbers and will be dealt with in another provision of the code. However, informational signs in close proximity to the street will have an address number. Council Member Hall said he would like to have address numbers discussed in the sign ordinance. Mayor Lewis opened the public hearing at 6:58 p.m. and asked if anyone wished to speak on this matter in any way. Scott Brusseau, representing Newport National Corporation, 2117 Industrial Court, Vista, spoke in support of staffs recommendations. However, Mr. Brusseau expressed concern regarding the constraint of the 35-square feet for the Monument Signs, stating that 35-feet within the sign envelope (area which contains lettering) was more desirable. He suggested that the total sign area be 50-square feet, including the base of the sign. He also said that two wall signs should be permitted for buildings greater than 60,000- square feet instead of greater than 65,000-square feet. Mayor Pro Tern Kulchin said some time ago she had received a phone call from Mr. Brusseau regarding his concerns and she thanked him for his efforts. Robert Irish, 1047 Stratford Court, Del Mar, managing partner of Bowie Irish Ventures, expressed appreciation to staff for working closely with the development community. He spoke of the importance of adequate signage. All persons having been heard who wished to be heard, the Mayor closed the public hearing at 7:07 p.m. February 13,200l Carlsbad City Council Page 7 In response to Council, Mr. Decerbo said that staff does not have an objection that two wall signs should be permitted for buildings greater than 60,000-square feet. He noted that staff would return with a comprehensive amendment to the sign ordinance by the end of the year. After discussion, Council concurred with Mr. Brusseau’s three requests. Ray Patchett, City Manager, said that upon Council’s direction, staff would craft language in the ordinance to incorporate Mr. Brusseau’s three requests. Council Members Finnila, Nygaard and Hall said they concurred that the sign envelope be changed to 35 feet; that the total sign area be 50-square feet, including the base of the sign; and that two wall signs be permitted for buildings greater than 60,000~square feet. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 200143 approving a Negative Declaration, Zone Code Amendment and Local Coastal Program Amendment, to amend Title 21, Chapter 21.41 and Title 18, Chapter 18.20 of the Carlsbad Municipal Code to add a purpose and intent section and/revise sign related definitions and create clear and comprehensive sign standards for the C-M, M and P-M Zones; and, Council introduced ORDINANCE NO. NS-569 amending the Sign Ordinance, Title 21, Chapter 21.41, and the Sign Code Title 18, Chapter 18.20 of the City of Carlsbad Municipal Code to add a purpose and intent section, add/revise sign related definitions and create clear and comprehensive sign standards for the C-M, M and P-M Zones, including the following changes: 1. The 100’ spacing requirement between monument signs be relaxed when those monument signs are located on separate parcels. 2. The break point for wall signs be changed from 65,000 to 60,000 square feet 3. Approve an increase in the maximum sign area per sign face for free standing monument signs from 35 square feet to 50 square feet. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. Ron Ball, City Attorney, said that Ordinance No. NS-569 would be amended to reflect Council’s direction. . February 13,200l Carlsbad City Council Page 8 22.AB #16,058 - SP 180(E) - CARLSBAD RESEARCH CENTER, SP 181(C) - 0750-60 CARLSBAD AIRPORT CENTRE, SP 199tAIILCPA 00-l I- COLLEGE BUSINESS PARK, SP 200(A) - CARLSBAD AIRPORT BUSINESS CENTER. Van Lynch, Associate Planner, presented the staff report. He answered questions from Council Member Nygaard regarding the size of the parking spaces. Mayor Lewis opened the public hearing at 7:19 p.m. and asked if anyone wished to speak on this matter in any way. No on asked to be heard, so the Mayor closed the public hearing at 7:19 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-570, amending Specific Plan 180(B) to supercede the parking and sign and graphic requirements with Chapter 21.44 and 21.41, respectively, of the Carlsbad Municipal Code; and, Council introduced ORDINANCE NO. NS-571, amending Specific Plan 181 (B) to supercede the parking and sign and graphic requirements with Chapter 21.44 and 21.41, respectively, of the Carlsbad Municipal Code; and, Council introduced ORDINANCE NO. NS-572, amending Specific Plan 199 to supercede the parking and sign and graphic requirements with Chapter 21.44 and 21.41, respectively, of the Carlsbad Municipal Code; and, Council introduced ORDINANCE NO. NS-573, amending Specific Plan 200 to supercede the parking and sign and graphic requirements with Chapter 21.44 and 21.41, respectively, of the Carlsbad Municipal Code; and, Council adopted RESOLUTION NO. 2001-44 recommending approval of a negative declaration, four specific plan amendments, and a Local Coastal Program Amendment to supercede the parking, sign and graphic requirements of those specific plans within the industrial zones within Chapters 21.44 and 21.41, respectively, of the Carlsbad Municipal Code in Local Facilities Management Zone 5. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 23.AB #16,059 - PUD 97-04(A) - KELLY RANCH VILLAGE “E” 0750-60 Citing a potential conflict, Mayor Pro Tern Kulchin left the dais at 7:20 p.m. Christer Westman, Associate Planner, presented the staff report. February 13,200l Carlsbad City Council Page 9 Mayor Lewis opened the public hearing at 7:21 p.m. and asked if anyone wished to speak on this matter in any way. Ryan Green, 10721 Trieste Street, Suite 200, San Diego, representing Shea Homes, said he was available to answer questions. Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:22 p.m. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 2001-45 approving an amendment to Planned Unit Development PUD 97-04(A) to add disclosure to future home owners within the development that a permanent sewer lift station my be located adjacent to Cannon Road and west of the development; temporary provision of recreational vehicle storage on Lot 17 within the development; and, additional assurances incorporated into the “Affordable Housing Agreement” for the Kelly Ranch. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. (Mayor Pro Tern Kulchin returned to the dais at 7:23 p.m.) 24.AB #16,060 - GPA 00-04 - SHOPPING CENTER POLICIES 0750-60 Mayor Lewis said that since this is such a significant issue, public comment would be taken tonight and Council deliberations would occur at a later date Mayor Lewis declared a recess at 7:23 p.m. The meeting reconvened at 7:26 p.m. with Mayor Lewis and all four Council Members present. 24.AB #16,060 - GPA 00-04 - SHOPPING CENTER POLICIES (continuedl 0750-60 Dennis Turner, Principal Planner, presented the staff report. He also reviewed the Errata Sheet (GPA 00-04 Shopping Center Policies) dated 2/13/00, regarding the Negative Declaration. He said a typographical error was discovered on Page 6 of the Negative Declaration. The original page included checked boxes indicating that there might be “Potentially Significant Impact” in the areas of “air quality” and “transportation/circulation”. These were in error. The boxes should have been checked “No Impact”. The text on Page 10 of the Negative Declaration is consistent with the change. The finding of the Negative Declaration remains unchanged. Mr. Turner also said that staff would return with the travel time study that analyzed off- peak hours. Mayor Lewis asked to see a ten-minute cycle and Mr. Turner said staff has that capability. February 13,200l Carlsbad City Council Page 10 Mayor Lewis opened the public portion of the public hearing at 7:45 p.m. and asked if anyone wished to speak on this matter in any way. Sally Lyons, 7019 Lavender Way, asked for the status of the intersection of Poinsettia and Lowder Lane. Lois Martyns, 7304 Lantana Terrace, representing Sea Cliff Home Owners’ Association, asked Council to approve the original report. She said they do not support the changes recommended by the Planning Commission. Peter Walsh, 2885 Sanford Lane, said his firm has been in negotiations with Henry’s Market. He spoke in support of the Planning Commission’s recommendations. Jim Hicks, 5150 Avenida Encinas, representing the Robertson Family, said they are trying to attract a major grocery store to their property along El Camino Real. Jeff Dierck, Senior Real Estate Manager, Albertson’s Real Estate Department, 6565 Knott Avenue, Buena Park, asked Council to approve the Planning Commission’s recommendations for commercial zoning along El Camino Real. He spoke of the importance of not precluding development along the El Camino Real corridor. Larry Tucker, One Upper Newport Plaza Drive, Newport Beach, concurred with the Planning Commission’s recommendations and asked Council to support them. He spoke of the importance of not precluding building in any specific area. He noted there are many nuances in driving time from shopping center to shopping center. Mr. Turner noted that staff concurs with the Planning Commission’s recommendations and that the Planning Commission’s recommendation are now the staff recommendations to Council. Jay Levine, Attorney at Law, 3081 Madison Street, Suite B, and a resident at 4927 Loma Court, said he would like to have a grocery store in his neighborhood. He explained that existing grocery stores are impacted by heavy traffic and parking lots are often full. Mr. Levine spoke in support of a shopping center in the Calaveras area. Gary Ottley, 4755 Gateshead, spoke in support of a small specialty grocery store or church in the Calaveras area. In response to Mayor Lewis, Mr. Turner presented a brief update on the Calaveras Master Plan. Sam Botta, 6701 Barberry Place, spoke in support of Albertson’s locating in Carlsbad. Tom Flanagan, 2988 Ridgefield Avenue, spoke of the importance of fewer, but larger local shopping centers in Carlsbad. He spoke in support of the Planning Commission’s recommendation. Mr. Flanagan said he felt that the E-l site is too small for commercial. February 13,200l Carlsbad City Council Page 11 Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 8:15 p.m. In response to Council, Mr. Turner described the Sunny Creek project. He said approval for a shopping center in South Carlsbad is pending the outcome of Council’s decision on shopping center policies. Council and staff discussion ensued regarding zoning changes and Mr. Patchett noted the issue would be presented to Council in March. Council concurred with Mayor Lewis to continue Council deliberations on this item to March 6.2001. DEPARTMENTAL REPORTS 26.AB #16,061- PRESENTATION ON THE NEED FOR A 50-METER PUBLIC SWIMMING POOL IN CARLSBAD. 0750-60 Lisa Cannon-Rodman, 3535 Simsbury Court, explained the need for a 50-meter public swimming pool and asked that it be added to this year’s Capital Improvement Program Budget. Zell Dwelly, 2771 Wilson, expressed appreciation for the signal at the corner of Valley and Carlsbad Village Drive. She spoke of the urgent and immediate need of a swimming complex. Bob Hoff, 1089 Evergreen Drive, Encinitas, representing La Costa Canyon Swimming and Water Polo teams, spoke of the urgent and immediate need of a swimming complex. Damian Wallace, representing La Costa Canyon Swimming and Water Polo teams, said 1,000 students in their school are Carlsbad residents. He spoke of the urgent and immediate need of a swimming complex and offered assistance in any way possible. Gunny Miller, a senior at Carlsbad High School, said a swimming training facility is needed now and asked Council to move up the timeline for the project. Andy Wisenburger, 720 Azalea, said another pool is needed for swimming lessons. He said many people are currently on a waiting list and many more have given up being placed on the waiting list. K. T. Matthews, 6841 Batiquitos Drive, spoke of the need for a swimming pool for lessons and therapy. Lisa Cannon-Rodman, concurred with the previous speakers and asked that Council speed up the process. Vincent Morales, 2721 Glasgow Drive, concurred that a swimming pool is needed as soon as possible. February 13,200 1 Carlsbad City Council Page 12 Julie Lantz, 2844 Wilson Street, read a letter that her husband had previously sent to the Parks and Recreation Department (not on file in the City Clerks Office) regarding the need for another swimming pool. Mayor Lewis explained that Council has requested staff to communicate with the various clubs and organizations in the community regarding their needs and every group has their own “wish list”. Mayor Lewis noted that Proposition H limits Council’s spending to $1 million on each project. Any costs exceeding $1 million needs to be placed on a ballot for a vote of the general electorate. Council Member Hall explained the timeline for designing and building facilities. Council discussion surrounded the fact that several growth management issues have needed addressing over the past few years. However, an additional swimming pool is not a growth management standard. It was noted that staff is investigating possible funding through a bond issuance to address the request for a swimming pool. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD: Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 9:04 p.m. and reconvened at 9:08 p.m. with Mayor Lewis and all four Council Members present. PUBLIC COMMENT Diane Nygaard, representing the Sierra Club, said moving forward with the Carlsbad Oaks North Project is premature. She said all development should be stopped until a regional comprehensive plan is created. Ms. Nygaard said the Sierra Club would be asking other cities to also stop development until the comprehensive plan is in place. John Rosebrook, 4958 Nighthawk Way, representing Preserve Calaveras, expressed concern for the impact that the Carlsbad Oaks North Project would have on the wetlands. COUNCIL REPORTS AND COMMENTS: Mayor Pro Tern Kulchin encouraged everyone to visit the six new sculptures in the City Sculpture Garden. Mayor Lewis said the Metropolitan Water Board delayed accepting the Cadiz Project and this project is now on hold. GIN MANAGER COMMENTS: None. February 13,200l Carlsbad City Council Page 13 CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of February 13, 2001, was adjourned at 9:15 p.m. Respectfully submitted, / cd Jani Breitenfeld Deputy City Clerk