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Home My WebLink About2001-03-27; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 27, 2001 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 Hail. None. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Saturday, March 31, 2001 - 6:00 p.m. Carlsbad 5K Kick-Off Event Holiday Inn Carlsbad - Windmill Banquet Facility 850 Palomar Airport Road, Carlsbad Sunday, April 1, 2001 - 7:00 a.m. Carlsbad 5K Corner of Jefferson and Grand, Carlsbad PRESENTATION: Mayor Lewis presented Peer Group Awards for Faraday and Community Development Staff. Tim Murphy, representing the Carlsbad 5K, presented Council with t-shirts celebrating the event. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Item No. 1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #2 through #4, as follows: AYES: NOES: Lewis, Kulchin, Finnila, Nygaard and Hall. None. March 27,200 1 CARLSBAD CITY COUNCIL Page 2 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 #16,123 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC SIGNAL AT AVIARA PARKWAY AND KESTREL DRIVE (PROJECT NO. 3369-2). This item was pulled for discussion. 2. AB #16,124 - FARADAY AVENUE EXTENSION COASTAL SAGE SCRUB MITIGATION SITE PLANTING (PROJECT NO. 3593). Council adopted RESOLUTION NO. 2001-91, accepting the construction of Faraday Avenue Extension Coastal Sage Scrub Mitigation Site Planting as complete and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 3. AB #16,125 - RATIFICATION AND EXTENSION OF AGREEMENT FOR RANCH0 SANTA FE ROAD BRIDGE REPLACEMENT, PROJECT NO. 3190. Council adopted RESOLUTION NO. 2001-92, approving ratification and extension of agreement with Dudek & Associates for professional services for preparation of environmental studies for Ranch0 Santa Fe Road Bridge Replacement. 4. AB #16,126 -APPROVING AN AGREEMENT FOR SEWER TRUNK LINE SERVICES MONITORING Council adopted RESOLUTION NO. 2001-93, approving a consultant agreement with MGD Technologies, Inc. for professional engineering services for sewer trunk line monitoring services. DISCUSSION OF CONSENT CALENDAR ITEM: I. AB #16,123 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC SIGNAL AT AVIARA PARKWAY AND KESTREL DRIVE (PROJECT NO. 3369- Bob Johnson, Deputy City Engineer, presented the staff report. In response to Council, he explained the construction schedule and estimated that the traffic signal would be in operation by the end of the year. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 2001-90, approving plans and specifications and authorizing the City Clerk to advertise for bids for the Construction of the Aviara Parkway and Kestrel Drive Traffic Signal, Project No. 3369-2. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard and Hall. None. March 27,200 1 CARLSBAD CITY COUNCIL Page 3 PUBLIC COMMENT: Michele Levy, 3021 Highland Avenue, expressed concern for the inconvenience to the library patrons caused by the landscaping at the Cole Library. She asked that books be purchased to fill the two empty shelves at the Cole Library. Ms. Levy also asked for the status of the case in which the citizens cut down city-owned trees. Ron Ball, City Attorney, said a lawsuit has been filed and he would keep Council updated. Cyrus S. Grimshaw, Jr., President North County Modular Railroad Society, 4916 Tilos Way, Oceanside, read his correspondence into the record asking for support in finding a location in Carlsbad for their club. PUBLIC HEARINGS: 5. AB #16,127 - COMMUNITY FACILITIES ZONE (GPA 99-Ol/ZCA 99-02/LCPA 99- 02) Elaine Blackburn, Senior Planner, presented the staff report and made a power point presentation (on file in the City Clerk’s Office). In response to Council, Ms. Blackburn explained that six to ten acres is usually needed to build a church. Ron Ball, City Attorney, referred to Page 38, second sentence in the staff report, and suggested that “Council” be added between “City” and “may”. Council concurred. Michael Holzmiller, Planning Director, presented a brief history of the growth management element. Mayor Lewis said he would like to have a workshop to discuss how many excess dwelling units should be maintained in the excess density bank. Council concurred to refer this issue to staff and request staff to submit a report on potential impacts. In response to Council, Mr. Holzmiller, said if approved, the community facilities zone would be applicable estimated that 3 master plans currently in the pipeline. Mayor Lewis opened the duly noticed public hearing at 7:08 p.m. and asked if anyone wished to speak on this matter in any way. Mike Howes, Hoffman Planning Associates, 5900 Pasteur Court, Carlsbad, expressed concern that schools are prohibited in the CF Zone. In response to Council, Ms. Blackburn explained that the existing master plan regulations allow schools with a combined church use. However, the intent is that a public school not be counted as a community facility. She said that staff feels that Mr. Howes’ concerns have been addressed. Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at 7:14 p.m. March 27, 2001 CARLSBAD CITY COUNCIL Page 4 ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-579 amending Title 21 of the Carlsbad Municipal Code by the addition of Chapter 21.25 and the Amendment of Sections 21.38.010, 21.38.020, and 21.38.021 and Sections 21.42.010(2) and 21.42.010(5) Relating to Community Facilities Uses on Property Located Citywide; and, Adopted RESOLUTION NO. 2001-94, approving a Negative Declaration, A General Plan Amendment, A Zone Code Amendment, and A Local Coastal Program Amendment, to Amend the General Plan to Create a New Land Use Designation and to Amend Title 21 of the Carlsbad Municipal Code to Create a New Zone and to Amend Chapters 21.38 and 21.42 to Create New Regulations for Community Facilities Uses in Master Plans and Residential Specific Plans; and, Directed staff to insert “Council” between “City” and “may” in the General Plan Land Use Element, under Community Facilities, Page 15, second sentence; and, Directed staff to return with a report to Council on the status of the Dwelling Units in the Density Bank. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. Mayor Lewis declared a recess at 7:16 p.m. Council reconvened at 7:21 p.m. with all members present. PUBLIC HEARINGS (Continued1 6. AB #16,128 - SHOPPING CENTER POLICIES (GPA 00-04) Dennis Turner, Principal Planner, presented the staff report. He said that if the policy framework is approved, staff will return with a list of properties and their land use assignments. Mr. Turner distributed and reviewed “GPA 00-04 Commercial Policies - Changes in Recommendation Due to Planning Commission Input” (on file in the City Clerk’s Office.) He explained that staff concurs with the Planning Commission’s recommendation, and incorporated their input into staffs original recommendations. Mayor Lewis opened the duly noticed public hearing at 8:52 p.m. and asked if anyone wished to address Council regarding the limited issue of acceptance of travel-time maps. Jay Levine, 497 Loma Court, expressed concern that the assumptions used in establishing the policies are unrealistic. He said it is important to take into consideration the capacity of the shopping center within 5 minutes travel time. For March 27,200 1 CARLSBAD CITY COUNCIL Page 5 instance, he noted that the grocery store near his home has limited items for sale and a small parking lot. Larry Tucker, Grant Tucker Properties, One Upper Newport Plaza, Newport Beach, expressed concern that the assumptions are unrealistic and noted that people travel and shop during peak hours. He said that the Vons on Tamarack is small and doesn’t provide a lot of services. Mr. Tucker asked Council to consider using a 5-minute peak travel time map. Jim Hicks, 5150 Avenida Encinas, said that the driving time would increase if the shopping center were not located on El Camino Real or near Highway 78. Mike Howes, Hoffman Planning Associates, 5900 Pasteur Court, Carlsbad, described his proposed mixed-use project and asked Council to adopt the five-minute travel time map. He explained their proposed shopping center would be integrated with a main street and is included in the Master Plan. Seeing no one else wishing to address Council, the Mayor closed the public hearing at 8:02 p.m. Council Member Hall spoke of the importance of smart planning in the community and said there should be tough standards for shopping centers located on El Camino Real. He spoke in support of staff’s recommendations regarding the five-minute travel time map. Council Member Nygaard said she felt that there are successful ways to develop shopping centers along El Camino Real. However, she spoke of the importance of Council having final design approval for any shopping centers along El Camino Real. She spoke in support of trade areas of centers overlapping. Council Member Finnila concurred that overlapping trade areas is important for competition. She suggested that walking time be taken into consideration. Mayor Pro Tern Kulchin said she disagreed with her colleagues and ‘felt that overlapping is not a good concept. She spoke in support of a seven-minute travel time map and said she did not support the concept of local shopping centers. Mayor Lewis concurred with Mayor Pro Tern Kulchin and said that overlapping is not a good concept. He spoke in support of staff’s original recommendations. In response to Council, Mr. Turner said that if Council concurs with staffs recommendations, staff will return with a recommendation for a General Plan and Zone Change. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 2001-46, approving a Negative Declaration and a General Plan Amendment to Delete the “Neighborhood” and “Community” Commercial Land Use Designations and Create a “Local Shopping Center” Land Use Designation, Together with Revised Goals, Guidelines, and Associated Policies; and, March 27, 200 1 CARLSBAD CITY COUNCIL Page 6 Council adopted the five-minute travel time map. AYES: NOES: Finnila, Nygaard, and Hall. Lewis and Kulchin. RECESS AND RECONVENE Mayor Lewis declared a recess at 8:24 p.m. and then reconvened to the Water District Board Meeting with all members present. President Lewis adjourned to the remainder of the City Council Meeting at 8:50 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #16,129 - STATUS OF PUBLIC OUTREACH PROGRAM FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER PROJECT NO. 3182; THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT NO. 3528 AND PAVEMENT OVERLAY PROJECT NO. 3667. Citing a conflict of interest, Council Member Hall left the dais at 8:50 p.m. Sam Smalley, Construction Manager; Rebecca Cole-Katz, representing Katz and Associates; and Terry Smith, Senior Engineer, presented a brief background description and need for this project. Mr. Smalley described the construction schedule and Ms. Cole-Katz described the public outreach program. Council concurred regarding the importance of the public outreach program. (Council Member Hall returned to the dais at 9:07 p.m.) RECESS AND RECONVENE Mayor Lewis declared a recess at 9:07 p.m. Council reconvened at 9:lO p.m. with all members present. 8. AB #16,130 - INTERIM USE RECOMMENDATION FOR THE PINE SCHOOL PROPERTY. Keith Beverly, Senior Management Analyst, presented the staff report. He also made a Power point presentation (on file in the City Clerk’s Office) offering several options for the interim use of Pine School. Jim Comstock, 2755 Jefferson Street, spoke of the need for sport fields. Marshall Lubin-Cef, a resident of Carlsbad, noted that their plan for a day-care center was not included in staff’s recommendation. March 27,200l CARLSBAD CITY COUNCIL Page 7 Lesbia Chavez, 930 Magnolia Avenue, spoke of the need for classrooms for adult education and asked that Centro de lnformacion remain in the Vicinity. Ofelia Escobedo, 1611 James Drive, spoke of the immediate need for a park site. She also spoke of the importance of the Centro remaining at the Pine School site property. Nicole Pappas, 2689 Garfield Street, expressed appreciation to staff for working with the community to gather input. She said the Centro is a vital part of their community. Jim Whittaker, 4742 Inverness Court, spoke of the need for senior citizen services, including lawn bowling. He said that a field of 130 feet by 130 feet is needed for lawn bowling. Irene Aceves, 4135 Lake, spoke of the importance of retaining the Centro de lnformacibn at the Pine School site. Frank Anthony Serino, 3528 Madison Street, asked that this project be placed on a fast track because fields and various activities are needed now. After discussion, Council concurred to direct staff to return with a report on the Stay and Play Program and the Centro de Informacibn. Ray Patchett, City Manager, said that staff would also return with a recommendation on landscaping, lighting and staffing needs for the interim use. ACTION: On a motion by Mayor Pro Tern Kulchin, Council directed staff to return with a report on the Stay and Play Program and the Centro de Information; and Directed staff to return with a recommendation on landscaping, lighting and staffing needs for the interim use. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 9. AB #16,131- REPORT ON LIVABLE STREETS. Due to the lateness of the hour, Council concurred to continue this item to April 3, 2001. COUNCIL REPORTS AND COMMENTS: Council Member Nygaard and Council Member Finnila said the first meeting to discuss the double track policy would be held on April 6, 2001 at 9:00 a.m. at the Faraday Center. March 27,200l CARLSBAD CITY COUNCIL Page 8 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of March 27, 2001, was adjourned at IO:23 p.m. Respectfully submitted, LORRAINE M. WOOD City Clerk Janice Breitenfeld Deputy City Clerk