HomeMy WebLinkAbout2001-03-06; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: MARCH 6,200l
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:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
INVOCATION AND FLAG SALUTE
Mayor Lewis offered the invocation and Council Member Finnila led the flag salute.
Mayor Lewis welcomed a local Carlsbad Boy Scout Troop.
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Wednesday, March 7,ZOOl - 530 p.m. - Carlsbad Arts Associates Event Honoring Arts
Commissioner Arthur Wood, Tanglewood Clubhouse, 2840 Avenida de Anita, Carlsbad.
Thursday, March 8,200l - 6:30 p.m. - Carlsbad Citizens Academy Graduation,
Carlsbad Senior Center, 799 Pine Avenue, Carlsbad.
Mayor Lewis announced that Senator Morrow would hold a press conference on March
16 to kick off the sale of badges to raise money for the family of California Highway
Patrol Officer Sean Nava, who was killed on duty on October 28, 2000.
RECESS
Mayor Lewis declared a recess at 6:03 p.m. for the Special Meeting. Council
reconvened to the Regular Meeting at 6:05 p.m. with all members present.
March 6,200l Carlsbad City Council Meeting 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 Special Meeting held January 23, 2001
Minutes of the Regular Meeting held January 23, 2001
Minutes of the Special Meeting held February 1, 2001
Minutes of the Special Meeting held February 6, 2001
Minutes of the Special Meeting held February 7, 2001
Minutes of the Special Meeting held February 21, 2001
Item #6 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the
action of the Consent Calendar, Items #I through #7, with the
exception of Item #6, as follows:
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall,
None.
This is a motion to waive the reading of the text of all ordinances and resolutions at this
meeting.
1. AB #16,087 -APPROVAL OF AGREEMENT FOR AN ARTS EDUCATION
PROGRAM.
Council adopted RESOLUTION NO. 2001165, approving an agreement with
Carlsbad Unified School District for the development and implementation of a
five-year arts education plan.
2. AB #16.089 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of January 31,200l.
3. AB #16.090 -APPROVAL OF AGREEMENT FOR ENGINEERING AND
SURVEYING SERVICES FOR THE CITY BOUNDARY AND CONTROL NETWORK
MONUMENTATION PROJECT - PROJECT NO. 3571.
Council adopted RESOLUTION NO. 2001-67, approving an agreement with
Hunsaker & Associates for professional engineering and surveying services for
boundary analysis, survey monumentation, and preparation of record maps for
the city boundary and control network monumentation project.
March 6,200l Carlsbad City Council Meeting Page 3
4. AB #16.091 -APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE
CARLSBAD POLICE OFFICERS’ ASSOCIATION (CPOA).
Council adopted RESOLUTION NO. 2001-66, adopting a Memorandum of
Understanding between representatives of management and the Carlsbad Police
Officers’ Association.
5. AB #16.092 -APPROVAL OF AGREEMENT FOR ORGANIZATIONAL
DEVELOPMENT SERVICES REGARDING THE FUTURING CONFERENCE.
Council adopted RESOLUTION NO. 2001169, approving an agreement with
Integrated Change Strategies for organizational development services related to
the creation and delivery of a Futuring Conference.
6. AB #16,104 - AMENDMENTS TO CONTRACT FOR THE CARLSBAD CITY GOLF
COURSE.
This item was pulled for discussion.
7. AB #I 6.094 - REQUEST FOR OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 2001-71, approving out-of-state travel for
the Acting Human Resources Director to attend the National Public Employer
Labor Relations Association Annual Conference in New Orleans, Louisiana.
DISCUSSION OF CONSENT CALENDAR ITEM:
6. AB #16.104 -AMENDMENTS TO CONTRACT FOR THE CARLSBAD CITY
GOLF COURSE.
Mayor Lewis spoke in support of approving the payment for work done to date.
However, he felt the remainder of this item should be continued until after the March
lgth meeting with the Coastal Commission.
Council Member Finnila noted that the consultants would only receive payment for
completed work. John Cahill, Municipal Projects Manager, agreed and said that the
City would only pay for costs as they are incurred. He noted that design team and legal
costs have already been incurred.
Mayor Lewis said he would like to separate the issues of approving payment and
continuing Council action on the amendments.
In response to Council, Mr. Cahill, presented an overhead to describe the
preconstruction design phase expenses from January, 1997 to the present (not on file in the City Clerks Office).
Mayor Lewis expressed concern that the Coastal Commission could require the City to
redesign the golf course. Mr. Cahill noted there are many opportunities for amending
the design, if necessary. Ray Patchett, City Manager, said it is possible that the
Coastal Commission could require additional design changes in the future.
March 6,200l Carlsbad City Council Meeting Page 4
In response to Council, Ron Ball, City Attorney, said that if special legal counsel for this
project is terminated, it might not be necessary to go out to bid because of the required
expertise. He noted that special legal counsel would only perform work for the City as
assigned.
In response to Council, staff explained that the next meeting with the Coastal
Commission would involve their biologist visiting the habitat sites. Staff will explain to
the biologist that work performed in concert with the Habitat Management Plan is
adequate for the golf course project. Staff noted that they expect the Coastal
Commission to require minor modifications to the wetlands, and dual criteria slopes.
In further response to Council, staff explained the steps needed to bring the project to
the Coastal Commission. Staff also described the need for the consultants.
Mayor Lewis said this project should be placed on a ballot to determine if the electorate
wishes to proceed with the golf course project. Council Member Hall concurred.
However, Council Member Hall said it is important to move forward as this action
affects the Habitat Management Plan.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2001-74 approving three (3) contract amendments for the Carlsbad
City Golf Course Project and with the caveat that funds will be released
only for work completed to date.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
FAILED MOTION:
Moved by Mayor Lewis that Council withhold at this time the $700,000.00 in funds for
Special Council and McCabe and Company.
MOTION DIED DUE TO THE LACK OF A SECOND.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2001-74 approving three (3) contract amendments for the Carlsbad City Golf Course Project and appropriation of project funds
AYES: Kulchin, Finnila, Nygaard, and Hall.
NOES: Lewis.
ABSENT: None.
March 6,200l Carlsbad City Council Meeting
ADOPTION OF ORDINANCES
Page 5
8. AB #16,095 - ZCA 99-09ILCPA 00-02 - SIGN ORDINANCE AMENDMENT.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
9.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
AB #16,096 - SP 180(E) - CARLSBAD RESEARCH CENTER, SP 181(C) -
CARLSBAD AlRPORT CENTRE, SP 199(A) - COLLEGE BUSINESS PARK,
SP 200(A) - CARLSBAD AIRPORT BUSINESS CENTER.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
AND,
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
AND,
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
March 6,200l Carlsbad City Council Meeting Page 6 AND,
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
10. AB #16,097 - ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS-565, amending Title 21, Sections 21.12.010,
21.83.050(E), and 21.83.060A.2. of the Carlsbad Municipal Code
to modify regulations relating to family day care homes and child
day care centers.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
11. AB #16,098 - MUNICIPAL CODE AMENDMENT.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS-575, to amend Section 1.14.030 of the
Carlsbad Municipal Code to comply with amendments to the
Political Reform Act.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
12. AB #I 6,099 - ZC 00=04/LCPA 00-04 - TABATA.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS-576, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map to
grant a zone change, ZC 00-04, from L-C to R-1-7,500-Q on
property generally located on the east side of Black Rail Road,
south of Poinsettia Lane and north of Aviara Parkway in Local
Facilities Management Zone 20.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
March 6,200l
PUBLIC COMMENT:
Carlsbad City Council Meeting Page 7
Michele Levy, 3021 Highland, expressed concern that two shelves in the Cole Library
are still empty and the Cole Library’s parking lot is still being used all day by non-
patrons.
13. AB #I 6,060 - GPA 00-04 - SHOPPING CENTER POLICIES (continued from
Februaw 13.2001).
Rax Patchett, City Manager, requested that this public hearing be continued to March
27 , to allow Council the opportunity to review the recently updated travel-time maps.
Mayor Lewis asked if anyone would like to speak who could not return on March 27’h.
No one asked to be heard.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council continued this public
hearing to March 27,200l.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
14. AB #16,100 - ZC 99108/LCPA 00-01 - CARLSBAD BOULEVARD/TAMARACK
AVENUE ZONE CHANGE.
Scott Donnell, Associate Planner, presented the staff report. He noted that the Seaside
Bistro owners, Jim and Monika DiMaggio, are leasing the property from the Mitzi H.
Eubanks Trust.
Council Member Hall said that access for Parcel A should be from Redwood Avenue
instead of Carlsbad Boulevard, to address safety issues. Council discussed future
parking requirements of the Seaside Bistro.
Mayor Lewis opened the duly notice public hearing at 7:lO p.m. and asked if anyone
wished to speak on this matter in any way.
Janet Robinson, Attorney at Law, 772 Corinia Court, Olivenhain, CA 92024, legal
representative for the owners of the Seaside Bistro (Jim and Monika DiMaggio), asked
Council that the commercial zoning be retained on the property. She spoke of the
DiMaggio’s future improvement plans for the Seaside Bistro and said that they are
interested in working with City staff regarding setback and parking issues. Ms.
Robinson said they are willing to obtain a Conditional Use Permit (CUP) and relinquish
their cabaret license, provided that the commercial use remains in place.
All persons having been heard who wished to be heard, the Mayor closed the public
hearing at 7:20 p.m.
Council Member Finnila said she supports commercial zoning with a CUP on the
Seaside Bistro property and residential on the Ledgewood parcels. Council Member
March 6,200l Carlsbad City Council Meeting Page 8 Nygaard concurred with commercial zoning on the Seaside Bistro property. She also
expressed concern for access onto the Ledgerwood property and asked that staff
review the issue.
Council Member Kulchin noted that correspondence had been received from Seth
Sharon, 130 Tamarack Avenue ##4, supporting a residential designation on the
Ledgerwood property and commercial zoning on the Seaside Bistro property. She
asked that it be entered into the record (on file in the City Clerk’s Office).
Council discussion ensued regarding the memo dated March 6, 2001 from the City
Attorney regarding additional language to the resolution. Ms. Robinson said she had
not yet seen this memo.
Mayor Lewis declared a recess at 7:25 p.m. Council reconvened at 7:34 p.m. with all
members present.
14. AB #16,100 - ZC 99=08/LCPA 00-01 - CARLSBAD BOULEVARD/TAMARACK
AVENUE ZONE CHANGE (CONTINUED)
Janet Robinson, Attorney at Law, 772 Corinia Court, Olivenhain, CA 92024, said she
had just read the memo from the City Attorney and asked that “General Plan” be
changed to “rezoning the parcel”. Otherwise, she concurred with the proposed
language.
Ron Ball, City Attorney, said he concurred with Ms. Robinson’s request. He explained
that if the City Council adopts the recommendations of the Planning Commission to
rezone the Ledgerwood parcels from C-l to R-3 and to make no change in the zoning
for the Mitzi H. Eubanks Trust property, this latter action will be based, in part, upon the
representations made by the Seaside Bistro that it will agree, among other things, to a
CUP and relinquish its cabaret license. Therefore, Mr. Ball recommended the following
language be added to Resolution No. 172:
That the City Council is not rezoning the parcel at this time in
reliance on the Seaside Bistro’s representations that it will
relinquish its cabaret license and agree to process a Conditional
Use Permit application setting forth the terms and conditions under which commercial use will continue to exist at this site. Therefore,
the Planning Director is directed to commence the necessary and
appropriate rezoning process forthwith which will require a
Conditional Use Permit or other discretionary permits and to return
to the City Council through the Planning Commission with its report
and recommendations. The Seaside Bistro is directed to apply
forthwith for a Conditional Use Permit or other discretionary permits under the proposed zone so that all discretionary actions will be
before the Council concurrently.
Page 9 March 6,200l Carlsbad City Council Meeting
Council concurred with Mr. Ball’s recommended language.
Mr. Ball noted that staff would review the circulation element when the development
application is submitted.
ACTION:
AYES:
NOES:
And,
ACTION:
On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE
NO. NS-577, amending Section 21.05.030 of the Carlsbad Municipal
Code by an amendment to the Zoning Map to grant a zone change, ZC
99-08, from C-l and C-2 to R-3 and Beach Area Overlay Zone on two
properties located on the east side of Carlsbad Boulevard and south of
Redwood Avenue in Local Facilities Management Zone 1.
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2001-72 to (1) approve a Negative Declaration and Addendum Zone
Change, and Local Coastal Program Amendment to rezone two lots
owned by the Charles B. Ledgerwood Trust; and, (2) Make no change at
this time to the zoning on the lot owned by the Mitze H. Eubanks Trust; (3)
Direct staff to process the necessary environmental review and
appropriate amendments to the General Plan, Local Coastal Program,
and Zoning Ordinance at public hearings to enable consideration of
allowing commercial to remain as a conforming use on the lot owned by the Mitze H. Eubanks Trust. The three properties affected are on the east
side of Carlsbad Boulevard, between Tamarack Avenue and Redwood
Avenue in Local Facilities Management Zone 1; and, that the following
language be added to Resolution No. 2001-72 as follows:
That the City Council is not rezoning the parcel at this time in
reliance on the Seaside Bistro’s representations that it will
relinquish its cabaret license and agree to process a Conditional
Use Permit application setting forth the terms and conditions under
which commercial use will continue to exist at this site. Therefore,
the Planning Director is directed to commence the necessary and
appropriate rezoning process forthwith which will require a
Conditional Use Permit or other discretionary permits and to return
to the City Council through the Planning Commission with its report
and recommendations. The Seaside Bistro is directed to apply
forthwith for a Conditional Use Permit or other discretionary permits
under the proposed zone so that all discretionary actions will be
before the council concurrently.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
March 6,200l Carlsbad City Council Meeting Page 10
15. AB #16,101 - SOLICITATION OF COMMENTS REGARDING FUNDING
UNDER THE CDBG/HOME PROGRAM
Mayor Lewis announced that tonight the public portion of the hearing would be opened
for public comment. However, Council’s decision would be continued to March 20,
2001, when staff returns with recommendations.
Frank Boensch, Management Analyst, presented the staff report.
Mayor Lewis opened the duly notice public hearing at 7:44 p.m. and asked if anyone
wished to speak on this matter in any way.
Jan Giacinti, Executive Director of the Carlsbad Boys’ and Girls’ Club, asked for
reallocation of funds for the Boys’ and Girls’ Club programming.
Al DiDomenico, 3256 Carr Drive, Oceanside, representing Brother Benno Foundation,
asked Council to reconsider the Committee’s recommendation and approve their
request for the House of Dorothy, Barbara and Rosemary, a recovery house.
Sandy Brace, Administrator of Community/Client Services of the Women’s Resource
Center, 1963 Apple Street, Oceanside, thanked Council for their continued support.
Michelle Davis, representing North County Health Services, 150 Valpreda Road, San
Marcos, expressed appreciation for the recommended funding. She said their
organization serves approximately 1,200 seniors at the Carlsbad Senior Center and
services would be also be offered at Lola’s Market. She submitted a “Fact Sheet” and
calendar for January through April, 2001 describing their services in and around the
Carlsbad area (on file in theCity Clerks Office).
Phyllis Burkes, representing North County Council on Aging, described their services
and programs. She thanked Council for their continued support.
Molly Henry, Executive Director of Fraternity House, expressed appreciation to Council
for their continued support. She described their services and said they are the only
home in the County to offer assistance to AIDS patients.
Sue Reynolds, representing Community Housing of North County, and Chris Megison,
representing Solutions Family Center Transitional Housing, explained how they are
working together to fulfil1 the housing needs of families in North County. They thanked
the committee for the recommended funding and asked for Council’s approval.
Frank Sorino, Join Hands-Save a Life, distributed correspondence from individuals
and firms who have donated their services to Join Hands-Save a Life (on file in the City Clerks Office). He also distributed documents showing approved grants and
fundraising events (on file in the City Clerk’s Office). Mr. Sorino expressed appreciation
for the committee’s recommendation and asked Council for their support.
All persons having been heard who wished to be heard, the Mayor closed the public
hearing at 8:14 p.m. Council concurred to continue this item to March 20*.
March 6,200l Carlsbad City Council Meeting Page 11
ADJOURNMENT TO HOUSING AND REDEVELOPMENT SPECIAL MEETING.
Mayor Lewis adjourned the Regular Meeting to the Special Meeting of the Housing and
Redevelopment Commission at 8:15 p.m. Chair Lewis and all Commissioners were
present.
ADJOURNMENT TO THE PUBLIC FINANCING AUTHORITY MEETING
Chair Lewis adjourned the Special Meeting of the Housing and Redevelopment
Commission at 8:18 p.m. and reconvened to the Carlsbad Public Financing Authority
Meeting. Chair Lewis and all Board Members were present.
RECONVENE TO THE CITY COUNCIL MEETING
Chair Lewis adjourned the Public Financing Authority Meeting at 8:19 p.m. and
reconvened to the City Council Meeting. Mayor Lewis and all four Council Members
were present.
16. AB #16,102 -ZONE 19 PARK MASTER PLAN
Mark Steyaert, Park Development Coordinator; Ken Price, Recreation Director; and
John Cahill, Municipal Projects Manager, presented the staff report and reviewed a
power point presentation entitled, “Zone 19 Community Park Master Plan” (on file in the
City Clerks Office).
Mr. Cahill noted that workshop was held at the Dove Library and approximately 60
people attended and gave their input.
Mr. Price discussed the community center and said that the Parks & Recreation
Commission recommended that staff investigate incorporating a swimming complex into
the Zone 19 park site. Mr. Price noted that staff continues to support the Alga Norte
Park Site for a swimming complex.
Council and staff discussion ensued regarding parking needs and interim uses for the
site. Council Member Kulchin requested staff consider a joint-use of the fields with the
school districts.
After discussion, Council concurred that additional public input is needed for this
project. Council also concurred that interim uses are needed until the community
center is built. However, Ray Patchett, City Manager, explained that the Environmental
Impact Report does not accommodate interim uses.
March 6,200l Carlsbad City Council Meeting Page 12
ACTION: On a motion by Mayor Pro Tern Kulchin, Council continued this agenda
item to allow for an additional public review period.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
17. AB #16,103 - ESTABLISHMENT OF SPEED LIMIT ON COLLEGE
BOULEVARD
Bob Johnson, Deputy City Engineer, presented the staff report.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE
NO. NS-578, amending Title 10, Chapter 10.44, of the Carlsbad Municipal
Code by the revision of Section 10.44.350 to establish a prima facie 50
mile per hour speed limit upon College Boulevard from Palomar Airport Road to its intersection with El Camino Real.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
By proper motion, the Regular Meeting of March 6,200l was adjourned at 9:00 p.m.
Respectfully submitted,
A
Janice Breitenfeld
Deputy City Clerk