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HomeMy WebLinkAbout2001-04-03; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: APRIL 3,200l 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. INVOCATION AND PLEDGE OF ALLEGIANCE: Mayor Lewis offered the invocation and Council Member Finnila led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, Minutes of the following meetings were unanimously approved (with Council Member Hall and Council Member Finnila abstaining due to their absence) as presented: Minutes of the Special Meeting held March 21, 1001 PRESENTATIONS: Nicole Pappas, representing the North Coastal Prevention Coalition, accepted a proclamation from Mayor Lewis declaring April, 2001 “Alcohol Awareness Month”. Mayor Lewis presented Cliff Lange, Library Director, with a proclamation in recognition of “National Library Week”. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming event: Monday, April 9, 2001 - 9:00 a.m. Legislative and Funding Priorities Meeting with Congressman lssa Carlsbad City Hall, Council Chambers 1200 Carlsbad Village Drive, Carlsbad April 3,200l Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Council concurred to include Item No. 18 in the Consent Calendar and to remove Item No. 4 for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #IO, with the exception of Item #4, and the addition of Item #18, 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. 1. 2. 3. 4. 5. AB #16,132 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of February 28, 2001. AB #16,133 - FINAL MAP FOR CARLSBAD TRACT 90-03 - SHELLEY PROPERTY, UNITS 3 AND 4. Council adopted RESOLUTION NO. 2001-96, approving the final map for the Shelley Property, Units 3 and 4. AB #16,134 - ACQUISITION OF EASEMENT FOR SOUTH AGUA HEDIONDA INTERCEPTOR SEWER REACH SAHTI E - CITY PROJECT NO. 38281. Council adopted RESOLUTION NO. 2001-97, approving and authorizing the acquisition of an easement from Ranch0 Carlsbad Partners for the South Agua Hedionda Interceptor Sewer Reach SAHTI E for APN Nos. 209-060-I 0 and 14. AB #16,135 - ACCEPTANCE OF ANNUAL HOUSING PRODUCTION REPORT FOR FY 1999-2000. This item was pulled for discussion. AB #16,136 - COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM - CONTRACT NO. FAC 00-01. Council adopted RESOLUTION NO. 2001-98, accepting the work of the Computerized Maintenance Management System for Facilities Maintenance as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. April 3,200l Carlsbad City Council Meeting Page 3 6. AB #16,137 - NEW ROOFS AT CALAVERA AND STAGECOACH COMMUNITY CENTERS. Council adopted RESOLUTION NO. 2001-99, accepting the installation of new roofs at Calavera and Stagecoach Community Centers as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 7. AB #16,138 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2001-100, approving out of state travel for five City staff to attend the ICMA Best Practices/Performance Measurement Conference in Providence, Rhode Island. 8. AB #16,139 - APPROVAL OF REALLOCATION OF POSITIONS IN PUBLIC WORKS. Council adopted RESOLUTION NO. 2001-101 I reallocating Public Works classifications and amending the General Employees’ Salary Schedules. 9. AB #16.140 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2001-102, approving out of state travel for four City staff to conduct site visits of the proposed Request for Action automated system installations in Washington D.C. and Fairfax, VA. 10. AB #16,141 - APPROVAL OF REQUEST FOR ACCESS TO 4(D) ACRES FROM THE COUNTY OF SAN DIEGO. Council adopted RESOLUTION NO. 2001-103, approving a request from the Ranch0 La Costa Village Project for access to 4(d) acres from the County of San Diego. 18. AB #16,146 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED SIERRA PACIFIC EARTH RETENTION CORP. V. TAYLOR BALL OF CALIFORNIA, INC. Council approved the settlement, as required by the Brown Act, in Sierra Pacific Earth Retention Corp. V. Taylor Ball of California, Inc., Case No. N81303. Resolution No. 2001-I 07. DISCUSSION OF CONSENT CALENDAR ITEM: 4. AB #16.135 - ACCEPTANCE OF ANNUAL HOUSING PRODUCTION REPORT FOR FY 1999-2000. Scott Donnell, Associate Planner, presented the staff report. Mayor Lewis said Council should take a look at the balance in the Dwelling Unit Bank and determine what should be done with those units. April 3,200l Carlsbad City Council Meeting Page 4 ACTION: On a motion by Mayor Pro Tern Kulchin, Council accepted the Annual Housing Production Report for the reporting period July 1, 1999 to June 30, 2000. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. ADOPTION OF ORDINANCE: 11 .AB #16,142 - ZCA 99-02 - COMMUNITY FACILITIES ZONE. Ron Ball, City Attorney, presented Ordinance No. NS-579 on second reading. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted 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. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. PUBLIC COMMENT: Michele Levy, 3021 Highland, expressed appreciation to Gary Goodman, Engineering Inspector, for ensuring that the contractor cleaned up the area from Hillside to Highland. She expressed concern that the contractors working on the Cole Library Landscaping Project waste too much time during the day. She asked when the project would be completed. Ms. Levy also expressed concern for the two empty bookshelves in the Cole Library. She said that only Cole Library patrons should be allowed to use the library parking lot. Ms. Levy said she hoped that new videos would be made available at the Cole Library, but expressed concern that there are no more shelves available. Doug Chartier, 2697 Wilson, explained that the participants of the annual 5K do not know where to park. He said the special events negatively impact businesses in the Village. Cliff Lange, Library Director, estimated that the Cole Library landscaping project would be completed within three weeks. PUBLIC HEARINGS: 12. AB #16,110 - PP 24(l) - PLAZA CAMINO REAL TEMPORARY OUTDOOR EVENTS. Chris DeCerbo, Principal Planner, presented the staff report. He said that the Planning Commission would annually review the Precise Plan Amendment (PPA) and that the April 3,200l Carlsbad City Council Meeting Page 5 PPA would last five years, unless extended by Council. He said that promotion events are allowed only in two shopping centers in San Diego County. In response to Council, Mr. DeCerbo explained the proposed conditions staff recommended to the Planning Commission. He noted that Christmas Tree sales could be allowed through an administrative permit. Mayor Lewis opened the duly noticed public hearing at 6:34 p.m. and asked if anyone wished to speak on this matter in any way. Emmet Durnan, 4900 Neblina Drive, Carlsbad, General Manager of Westfield Shopping Towne Plaza Camino Real, the applicant, presented a brief history of this issue and spoke in support of staffs recommendations. He asked Council to adopt Resolution No. 2001‘-82. Seeing no one else wishing to speak, the Mayor closed the public hearing at 6:36 p.m. In response to Council, Mr. DeCerbo said that the proposed events would probably generate a large number of vehicles per day. The proposed events are not directed towards commercial enterprises; and, therefore, could not be addressed through the special events process, which is used for non-profit organizations. He said that the commercial benefit to the City of Carlsbad, as a result of these temporary outdoor events, is unknown. In response to Council, Mr. DeCerbo explained that sales tax would not be necessarily generated to the City of Carlsbad through the outdoor events. He said the issue would be addressed through the business license procedure. In response to Council Mr. Durnan described the benefits derived by the citizens, if Council were to approve his request. He said outdoor events would bring new opportunities to the citizens to tour and purchase recreational vehicles and boats. Mr. Durnan said there would only be seven weeks out of the year that outdoor events would occur and he described the Halloween Carnival. Mr. Durnan explained that the recreational shows would pay a fee to the shopping center for the use of the site. Profits would be made by the sales of vehicles. He noted that he has had similar events in Escondido and Murrieta Mayor Pro Tern Kulchin said she did not support outdoor events in the Plaza Camino Real Shopping Center Parking Lot and that there is no benefit to the city to hold such events. She suggested that efforts be expended to improve the mall. Council Member Finnila concurred and said there is an adequate amount of seasonal events in Carlsbad. Council Member Nygaard agreed with Council Member Finnila and said the City will realize no benefit from the outdoor events and expressed concern for the potential impacts that might be caused by the outdoor events. Council Member Hall said he did not feel that the outdoor events would help the mall move towards a positive vision. April 3,200l Carlsbad City Council Meeting Page 6 Mayor Lewis said he concurred with his colleagues’ comments. He said that efforts should be made to upgrade the mall with positive changes. ACTION: Moved by Mayor Pro Tern Kulchin, Council denied the Precise Plan Amendment for the Plaza Camino Real Temporary Outdoor Event Request; and directed staff to return with documents memorializing Council’s action. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall, NOES: None. (Note: Resolution No. 2001-87 was not adopted.) 13. AB #16,119 - CT 00-09 - CHARLES JACOBS PROPERTY. Christer Westman, Associate Planner, presented the staff report. He also described the pad elevations and slopes. Grading of the slopes will follow the natural topography of the land. There will be an export of approximately 3,800 cubic yards of dirt. Council Member Finnila spoke of the importance of the buyer of each parcel being aware of the Neighborhood Improvement Agreement. In response to Council, Ron Ball, City Attorney, said that with the approval of 5 units, the developer has agreed to the condition that the architectural compatibility of the proposed building plans will be to the satisfaction of the Planning Director. Bob Wojcik, Deputy City Engineer, said he has reviewed the hydrology reports and the actual amount of water run-off will be less than currently exists. Council and staff discussion ensued regarding the density for this project, excess density bank units, and the difference between building four and five units on this property. Mayor Lewis opened the duly notice public hearing at 7:13 p.m. and asked if anyone wished to speak on this matter in any way. Joe Gallagher, President, MK Development Group, 5142 Avenida Encinas, Carlsbad, introduced Charles Jacobs, gave a history of the property, spoke in support of the project, and addressed grading and drainage concerns. He explained that 4 units could be approved administratively, but they would like to build 5 units in order to retain the existing ridge on the property. If 4 units were built, the pads would be as large as possible, thus, requiring the removal of the ridge. As a result the amount of exported soil would increase from 3,800 cubic yards to 6,800 cubic yards. Mr. Gallagher explained how they have been working with the neighbors to share project information. Seeing no one else wishing to speak on this item, the Mayor closed the public hearing at 7:28 p.m. April 3,200l Carlsbad City Council Meeting Page 7 Council Member Hall spoke in support of the Planning Commission’s recommendation for 5 units. Mayor Pro Tern Kulchin concurred, noting that less dirt would be exported with 5 units. Council Member Nygaard said that 4 units would be more appropriate for the community. Council Member Finnila concurred and said the architectural review should still occur if 4 units were built instead of 5 units. Mayor Lewis concurred. ACTION: On a motion by Council Member Finnila, Council reversed the Planning Commission’s recommendation; directed the City Attorney to return to Council with documents denying the Negative Declaration and Tentative Map CT 00-09; and directed staff to investigate the possibility of requiring architectural review for the four units, a minor subdivision. AYES: Lewis, Finnila and Nygaard. NOES: Kulchin and Hall. Mayor Lewis spoke of the need for a Council Workshop to discuss the growth control point. RECESS Mayor Lewis declared a recess at 7:44 p.m. Council reconvened at 7:46 p.m. with all members present. 14. AB #16,143 - ZC 99-05/LCPA 99-03/CT 99-lO/HDP 99-08/CDP 99-17 - BUERGERSUBDIVISION. Anne Hysong, Associate Planner, presented the staff report. She said that Western Pacific is no longer involved in this project. The owners are now the applicants. Ms. Hysong said that as part of the street improvements, signs would be posted indicating that the street will eventually go through. Council Member Kulchin asked that the sign posting be included in the conditions. Mayor Lewis asked that staff periodically check to ensure that the signs are not removed or damaged by vandals. In response to Council, Debbie Fountain, Housing and Redevelopment Director, said there are approximately 80 credits available in the Villa Loma Project. She noted that credits from the Laurel Tree Project are not required for the Buerger Subdivision. Bob Wojcik, Deputy City Engineer, described the circulation element on Black Rail Road. He also described the slope on the project and said there are no large slopes. Mayor Lewis opened the duly notice public hearing at 8:04 p.m. and asked if anyone would like to speak on this issue in any way. Dennis Cunningham, representing Mr. And Mrs. Buerger (the applicants), 1530 Faraday Avenue, Suite 100, spoke in support of the project. Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:08 p.m. April 3,200l Carlsbad City Council Meeting Page 8 Council discussion ensued regarding posting signs on all dead-end streets that will one day be through streets. In response, Ron Ball, City Attorney, said that language could be added to the resolution regarding appropriate posting. ACTION: On a motion by Mayor Pro Tern Kulchin, Council approved the introduction of ORDINANCE NO. NS-580, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 99-05, from L-C to R-l-Q on property generally located on the east side of Black Rail Road, between Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20; and, Adopted RESOLUTION NO. 2001-104, approving a Negative Declaration, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Hillside Development Permit, and Coastal development Permit to Rezone, Subdivide and Grade a 5.04 Acre Parcel Generally Located on the East Side of Black Rail Road and South of Future Poinsettia Lane in Local Facilities Management Zone 20, including the following language under 3a: “a. All Streets contemplated to be through streets shall be appropriately signed subject to the satisfaction of the Public Works Director.” AYES: Lewis, Finnila, Kulchin, Nygaard and Hall. NOES: None. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 8:ll p.m. with all members present. ADJOURNMENT TO THE JOINT MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT. President Lewis adjourned to the Joint Meeting of the City Council and Municipal Water District at 8:12 p.m. with all members present. ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING President/Mayor Lewis adjourned to the continuation of the City Council Meeting at 8:13 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 16. AB #16.131 - REPORT ON LIVABLE STREETS Bob Johnson, Deputy City Engineer, and Adrienne Landers, Principal Planner, and Mike Smith, Fire Division Chief, presented the staff report. In response to Council, Mr. Smith explained the importance of installing fire sprinklers in homes as a safety measure. April 3,200l Carlsbad City Council Meeting Page 9 Gary Piro, 2641 Valewood Avenue, Carlsbad, representing the San Diego Coalition for Transportation Choices, explained how the state of Maryland is using “smart codes”, “smart growth” and feedback they have received. He expressed appreciation to Council for their continued support of interest in the community. Mr. Piro said his organization would like to participate in an outreach program. He also asked Council to look at the impacts of reducing parking to only one side of residential streets. Council Member Finnila asked that the correspondence from Mark D. Rohrlick, Vice President, Community Development, Lennar Communities, be entered into the record. She said their ideas of one-way streets and the creation of another street category have merit. Mayor Lewis expressed appreciation to Ms. Landers and staff for all of their hard work on the livable streets program. He suggested that a street in a new development be named, “Dee Landers Drive” in recognition of Ms. Landers’ dedication to livable streets over the years. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 2001-95, directing staff to initiate the processing of a General Plan Amendment and revisions to the Carlsbad Municipal Code and City Standards to Implement the concept of Livable Streets and to hold a stakeholder’s meeting. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard and Hall. None. 17.AB #16,145 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH .THE WEED ABATEMENT PROGRAM. Mike Smith, Fire Division Chief, presented the staff report. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2001-106, declaring as public nuisances, weeds, rubbish, and refuse upon private property in the City of Carlsbad. AYES: NOES: Lewis, Finnila, Kulchin, Nygaard and Hall. None. COUNCIL REPORTS AND COMMENTS: Council Member Nygaard announced that the Regional Governance Efficiency Commission would be meeting at the Faraday Center on Friday, April gfh, from 9:00 a.m. to 1 I:30 a.m. Mayor Pro Tern Kulchin announced that the sand restoration program would begin at IO:00 a.m. on Friday, April 6’h, at Torrey Pines Beach. April 3,200l Carlsbad City Council Meeting Page 10 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of April 3, 2001 was adjourned at 9:02 p.m. Respectfully submitted, Janice Breitenfeld Deputy City Clerk