HomeMy WebLinkAbout2001-12-04; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: DECEMBER 4,200l
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 Assistant City Clerk, as follows:
Present:
Absent:
Lewis, Finnila, Nygaard and Hall.
Kulchin.
LEGISLATIVE INVOCATION
Mayor Lewis offered the invocation,
PLEDGE OF ALLEGIANCE
Council Member Nygaard led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Council Member Finnila, Minutes of the following meetings were
unanimously approved as presented (Council Member Finnila abstained from approval
of the October 17, 2001 minutes due to her absence):
Minutes of the Special Meeting of October 16, 2001
Minutes of the Regular Meeting of October 16, 2001
Minutes of the Special Meeting of October 17, 2001
Minutes of Special Meeting of October 23, 2001
Minutes of the Regular Meeting of October 23, 2001
Minutes of the Special Meeting of October 24, 2001
PRESENTATIONS:
Mayor Lewis introduced Artist Bill Lignante who presented Alex Kapitanski, “The
Flagman” with a sketch of Mr. Kapitanski during WII.
CONSENT CALENDAR:
Item Nos. 2, 11 and 13 were pulled for discussion.
December 4,200l
ACTION:
Carlsbad City Council Meeting Page 2
On a motion by Council Member Finnila affirmed the action of the
Consent Calendar, Items #I through # 13, with the exception of
Item Nos. 2, 11 and 13, as follows:
AYES: Lewis, Finnila, Nygaard and Hall,
NOES: None.
ABSENT: Kulchin.
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.
6.
AB # 16,434 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of October 31, 2001.
AB# -16,435 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
AB# 16,451- RATIFICATION OF AGREEMENT FOR EMERGENCY
PREPAREDNESS SERVICES
Council adopted RESOLUTION NO. 2001-357, approving the Ratification of
Agreement with Emergency Planning Consultants for revision of Carlsbad’s
Emergency Management Plan.
AB #16,436 -AWARD OF CONTRACT FOR THE HERITAGE HALL & GRANARY
REMODEL PROJECT.
Council adopted RESOLUTION NO. 2001-343, accepting bids and awarding the
contract to Randall Construction for the remodel of the Heritage Hall and Granary
Building, Contract No. FACO2-07.
AB #16,437 -AWARD OF CONTRACT TO FURNISH AND INSTALL A NEW
ROOF AT FIRE STATION NO. 5.
Council adopted RESOLUTION NO. 2001-344, accepting bids and awarding the
contract to C & I Roofing to furnish and install a new roof at Fire Station No. 5,
Contract No. FAC02-04.
AB #16,438 - AUTHORIZE A PREPAYMENT AGREEMENT WITH RANCH0 LA
COSTA VILLAGE. LLC, FOR SDP 99-07.
Council adopted RESOLUTION NO. 2001-345, authorizing the Mayor to execute a
prepayment agreement between the City of Carlsbad and Ranch0 La Costa Village,
LLC, for SDP 99-07.
December 4,200 1 Carlsbad City Council Meeting Page 3
7.
8.
9.
AB #16,439 - REPORT OF TERMS AND CONDITIONS OF SETTLEMENT
Council accepted the reporting out of the terms and conditions of the settlement as
required by the Brown Act in Gonzalez v. City of Carlsbad, ef. a/., Case No. 01 CV
0994 J (LSP) (Civil Rights Action).
AB #16,440 -APPROVE AND AUTHORIZE THE ACQUISITION OF EASEMENTS
FOR POINSETTIA LANE - PROJECT 3673.
Council adopted RESOLUTION NO. 2001-346, approving and authorizing the
acquisition of easements from the Redeemer by the Sea Lutheran Church of
Carlsbad for Poinsettia Lane, from Black Rail Road to just west of Ambrosia Lane,
Project No. 3673.
AB #16,441 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC
SIGNAL AT AVIARA PARKWAY AND KINGFISHER LANE.
Council adopted RESOLUTION NO 2001-347, approving contract documents,
special provisions and specifications, and authorizing the Assistant City Clerk to
advertise for bids for the construction of the Aviara Parkway and Kingfisher Lane
Traffic Signal - Project No. 3369-2A.
1 O.AB #16,442 - REPORT OF TERMS AND CONDITIONS OF SETTLEMENT.
Council accepted the reporting out of the terms and conditions of the settlement as
required by the Brown Act in Bruhn v, City of Carkbad. et. a/., Case No. 00 CV 1463
BTM (JAH).
11 .AB #16,443 - ACCEPTANCE OF DONATIONS
This item was pulled for discussion.
12.AB #16,444 -AGREEMENT FOR COPIER AND COMPUTER PRINTER VENDING
SERVICES WITH XEROX CORPORATION.
Council adopted RESOLUTION NO. 2001-349, approving an Agreement with Xerox
Corporation for copier and computer printer vending services for the City of
Carlsbad Library.
13.AB #16,445 -ACCEPTANCE OF TESTAMENTARY DEVISE.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS
2. AB# -16,435 -ACCEPTANCE OF DONATION.
Council Member Hall said that Dan Smith has offered to make a donation of
miscellaneous rescue equipment to the fire department to enhance its ability to provide
rescue services to the community. Council Member Hall expressed appreciation to Mr.
Smith and asked that Council accept the donation.
December 4,200l Carlsbad City Council Meeting Page 4
ACTION: On a motion by Council Member Hall, Council accepted the list of
rescue equipment, as itemized on Exhibit 2 of the agenda bill, from
Daniel Smith.
AYES: Lewis, Finnila, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin.
11 .AB #16,443 -ACCEPTANCE OF DONATIONS
Council Member Hall referenced the staff report regarding the donations in support of
the 2001 Carlsbad Triathlon. Council Member Hall expressed appreciation to the
vendors for their donations and asked Council to adopt Resolution No. 2001-348
accepting the donations.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2001-348, accepting the donations of
$8,732.00 in cash and $28,175.00 in merchandise and in-kind
services for a total of $36,907.00 in support of the Annual Carlsbad
Triathlon.
AYES: Lewis, Finnila, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin.
13.AB #16,445 -ACCEPTANCE OF TESTAMENTARY DEVISE.
Council Member Hall referenced the staff report and the contribution to the City.
Council expressed admiration for Margaret Brownley and appreciation for her gift to the
City of Carlsbad.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2001-350, accepting a testamentary devise
from Margaret M. Brownley.
AYES: Lewis, Finnila, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin.
December 4,200 1 Carlsbad City Council Meeting Page 5
ORDINANCE FOR ADOPTION
14.AB #16,450 - ESTABLISHING STOPS AT THE MONROE STREETISUNNYHILL
DRIVE/ALDER AVENUE INTERSECTION.
ACTION: On a motion by Council Member Finnila, Council adopted
ORDINANCE NO. NS-609 amending Title 10, Chapter 10.28 of the
Carlsbad Municipal Code to require stops at the Monroe
StreetISunnyhill Drive/Alder Avenue intersection.
AYES: Lewis, Finnila, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin.
PUBLIC COMMENTS:
Sally Katich, 4179 Highland Drive, spoke regarding development on in-fill lots, stating
the following items should be required for in-fill projects:
1. Mandatory advanced notification and meeting of homeowners and homebuilders.
2. Flexibility in grading requirements is necessary to protect views.
3. Reasonable amount of maximum footage allowed.
4. Views should not be obstructed, but protected by a view protection ordinance.
PUBLIC HEARING
15.AB #16,446 - CARLSBAD RACEWAY INDUSTRIAL PARK - GPA 98-05/ZC Ol-
07/LFMP 87-l 8(B)
Anne Hysong, Associate Planner, and Clyde Wickham, Associate Engineer, presented
the staff report.
In response to Mayor Lewis, Lloyd Hubbs, Director of Public Works, explained the
financing of the Faraday Avenue and Melrose Drive improvements and said that the
City’s policy is that environmental clearances must be obtained before the financing can
be guaranteed. In response to Council, Mr. Hubbs said that he has explained this
policy to the City of Vista staff. He said the intention is to have all the permits prior to
guaranteeing the financing. In response to Council, he suggested that permits could be
submitted with the financing package.
Dawn Wilson, Project Engineer Transportation Planning, RBF Consulting, 5050
Avenida Encinas Suite 260, discussed the traffic model, traffic analysis and findings for
the Carlsbad Raceway Industrial Park and Palomar Forum property. She described the
mitigation measures and said that both properties share the same mitigation measures.
December 4,200l Carlsbad City Council Meeting Page 6
In response to Council, Ms. Wilson described the levels of service and mitigation
measures for each impacted intersection.
Glen Van Peski, GVP Consultants, 3754 Cavern Place, Carlsbad, reviewed the water
quality aspects and mitigation measures for the development.
In response to Council Member Hall, staff said that Street B (Melrose Avenue) would be
signalized, and that enhanced architecture and landscaping will be required of the
structure facing Palomar Airport Road.
Mayor Lewis opened the duly noticed public hearing at 7:03 p.m. and asked if anyone
wished to speak on this matter in any way.
Bill Hofman, 5900 Pasteur Court, representing the property owners of Carlsbad
Raceway and Palomar Forum, spoke in support of the project, noting that a Community
Facilities District will most likely be used to guarantee the financing. He said that the
recommended conditions to the project give the City adequate protection that this
project will not proceed until the City is comfortable that the Faraday Avenue extension
will occur. Mr. Hofman said that not all agency permits are needed for the formation of
the Community Facilities District. Therefore, Mr. Hofman said he is requesting that the
conditions regarding Faraday Avenue remain as is.
In response to Council, staff explained that currently the property is not stabilized by
vegetation and that the amount of run-off will improve with Melrose acting as a water
detention basin, to prevent the property downstream from flooding.
lsabelle Kay, U.C.S.D., Manager of Dawson Los Manos Reserve, 1660 Dawson Drive,
Vista, said it is inappropriate to use a detention basin for mitigation. She spoke of the
importance of using comprehensive water shed planning for these projects. Ms. Kay
submitted a copy of correspondence she previously sent to the Planning Commission
dated August 15, 2001 (on file in the Assistant City Clerk’s Office).
Diane Nygaard, representing Preserve Calavera, 5020 Nighthawk Way, Oceanside,
asked that habitat mitigation efforts be implemented before development begins. She
expressed concern that the Best Management Practices proposed for this project are
outdated and said that Agua Hedionda will be adversely affected and questioned
whether the Water Quality Control Board would issue a permit for the project. Ms.
Nygaard said management of the open space is important and questioned the viability
of having 10 open space management entities for one habitat area.
Matt Cavanicci, a resident at 1985 Magnolia Avenue, said that many people use the
raceway on the weekends. He expressed concern regarding the loss of recreational
areas if the property is developed.
In response to Council, Mr. Hofman said that the Regional Water Control Board
adopted new pollution control standards this year and the new standards have been
December 4,200 1 Carlsbad City Council Meeting Page 7
incorporated into the project. Mr. Hofman said that this project was designed to be
sensitive to wildlife and conforms to the City’s Habitat Management Plan. Mr. Hofman
said that the developer received early input from the wildlife agencies regarding the
wildlife corridor and the agencies have approved the plan. Mr. Hofman said that the
developer has been environmentally sensitive in their design.
Barry Jones, Felix Environmental, 8100 La Mesa Boulevard, La Mesa, responded to
Council and said it is possible to have one entity to manage wildlife corridors.
Seeing no on else wishing to speak, the Mayor closed the public hearing at 7:30 p.m.
In response to Council, staff explained the project’s grading conditions, noting that the
water quality permit has been incorporated into the grading permit. Staff also said that
there is no encroachment onto the loo-year flood plain and described the watershed on
the project.
Ms. Hysong responded to Council and said that if the Habitat Management Plan is
approved, the open areas on the project will be turned over to a conservancy for
management purposes. In the meantime, individual property owners will manage the
open space.
Discussion ensued regarding requiring that all permits be attained prior to formation of
the Community Facilities District for the Faraday Avenue extension.
Mr. Hofman expressed concern and said it can take up to one year to obtain permits,
which would delay the project. Mr. Hofman said that his bond counsel has said it is
common practice to form the Community Facilities District before the permits have been
finalized. Mr. Hofman explained that the conditions of the project provide safeguards to
the City.
Mayor Lewis and Council Member Hall concurred with Mr. Hofman and said that it
would not be necessary to have all the permits prior to the formation of the Community
Facilities District.
Council Member Nygaard spoke of the importance of Melrose Avenue and the Faraday
Avenue extension being constructed. She expressed concern that if the permits are not
obtained prior to the formation of the Community Facilities District, the Faraday Avenue
extension might not occur.
Lloyd Hubbs, Director of Public Works, explained that in the final analysis, Council will
decide what permits are appropriate to have prior to the formation of the Community
Facilities District.
Ron Ball, City Attorney, suggested that the requirement of “having the permits” be
changed to the requirement of having the “appropriate agency permissions”. Mr. Ball
December 4,200l Carlsbad City Council Meeting Page 8
said the form of “permission” could be correspondence or a telephone call, but not
necessarily the actual permit.
Council Member Hall felt that the language need not be changed and that the City
would have adequate protection with the same wording that has been used in all other
contracts.
Council discussion ensued regarding continuing this item until a full Council could be
present.
Mr. Hofman said that a continuance would be financially detrimental to the project and
concurred with Mr. Ball’s suggestion that “permissions” from the agencies be obtained
prior to the formation of the Community Facilities District.
Mayor Lewis said that if the language were changed for this project, then it should be
changed for all other projects. Council Member Finnila and Council Member Nygaard
concurred.
Mayor Lewis suggested that rather than continuing this agenda item, Council support
language modification in Resolution 2001-351. Mayor Lewis suggested that, “as
specified in the appropriate agency permissions” be inserted between, “...guarantee for
the construction,” and ” . . .of Faraday Avenue extension.. .“. Mayor Lewis said this
same change should be incorporated into the resolution regarding Palomar Forum.
Council concurred.
Council Member Finnila presented a history of this project. She spoke in support of the
Carlsbad Raceway Industrial Park and the Palomar Forum projects.
Council Members Hall and Nygaard spoke in support of the project and the Mayor’s
suggested language.
ACTION: On a motion by Council Member Finnila, Council introduced ORDINANCE
NO. NS-610, amending Section 21.05.030 of the Carlsbad Municipal
Code by an Amendment to the Zoning Map to Grant a Zone Change, ZC
01-07, From P-M to O-S on a Portion of the Property Generally Located
on the North Side of Palomar Airport Road, Between Melrose Drive and
the City’s Eastern Boundary in Local Facilities Management Zone 18; and
Council adopted RESOLUTION NO. 2001-351, Adopting a Recirculated
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, and Approving a General Plan Amendment to Redesignate the
Property From PI/O to PI, and Zone 18 Local Facilities Management Plan
Amendment on Property Generally Located on the North Side of Palomar
Airport Road, Between Melrose Drive and the City’s Eastern Boundary in
Local Facilities Management Zone 18 (GPA 98-05/ZC 01-07/LFMP 87-
18B) as amended to include the following wording:
December 4,200 1 Carlsbad City Council Meeting Page 9
“Prior to recordation of a final map or issuance of a grading
permit, whichever occurs first, a financial guarantee for the
construction, as specified in the appropriate agency permissions,
of Faraday Avenue extension between Orion Way and Melrose
Drive shall be approved by the Carlsbad City Council.”
AYES: Lewis, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: Kulchin.
RECESS
Mayor Lewis declared a recess at 8:lO p.m. Council reconvened at 8:17 p.m. with all
members present, except Kulchin.
PUBLIC HEARINGS (continued)
16. AB #16,447 - PALOMAR FORUM - GPA Ol-07/ZC 01-06
Anne Hysong, Associate Planner, and Clyde Wickham, Associate Engineer, presented
the staff report.
Mayor Lewis opened the duly noticed public hearing at 8:21 p.m. and asked if anyone
wished to speak on this matter in any way.
Bill Hofman, 5900 Pasteur Court, representing the property owner of Palomar Forum,
spoke in support of the project. He asked that the same language regarding the
agency permission, which was approved for the previous item, be incorporated into the
resolution.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:23 p.m.
ACTION: On a motion by Council Member Finnila, Council introduced ORDINANCE
NO. NS-610, Amending Section 21.05.030 of the Carlsbad Municipal
Code by an Amendment to the Zoning Map to Grant a Zone Change, ZC
01-06, From P-M to O-S on a Portion of the Property Generally Located
on the North Side of Palomar Airport Road, Between Melrose Drive and
the City’s Eastern Boundary in Local Facilities Management Zone 18; and,
December 4,200 1 Carlsbad City Council Meeting Page 10
Council adopted RESOLUTION NO. 2001-352, Adopting a Recirculated
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Approving a General Plan Amendment to Redesignate a
Portion of the property From PI to OS on Property Generally Located on
the North Side of Palomar Airport Road, Between Melrose Drive and the
City’s Eastern Boundary in Local Facilities Management Zone 18 as
amended to include the following wording:
“Prior to recordation of a final map or issuance of a grading permit,
whichever occurs first, a financial guarantee for the construction, as
specified in the appropriate agency permissions, of Faraday Avenue
extension between Orion Way and Melrose Drive shall be approved
by the Carlsbad City Council.”
AYES: Lewis, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: Kulchin.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may
be participating in the following event:
Thursday, December 6,200l - 6:30 a.m.
City of Carlsbad Employee Holiday Breakfast and Service Recognition Event
La Costa Resort
2100 Costa Del Mar Road
Carlsbad, California
PUBLIC HEARINGS (continued)
17. AB #16,448 - REPEAL AND REENACTMENT OF THE PLANNED
DEVELOPMENT ORDINANCE, AMENDMENT OF CITY COUNCIL POLICY
AND ADOPTION OF COUNCIL POLICY 66 - ZCA 01-OIILCPA 01-01 44
Michael Holzmiller, Planning Director, gave a brief introduction to this agenda item.
Chris DeCerbo, Principal Planner, presented the staff report.
Mr. Holzmiller and Council discussed issues regarding net and gross lot size and the
impact of the size of the home in infill areas. Mr. Holzmiller also discussed architectural
guidelines and lot conversion.
Mayor Lewis opened the duly notice public hearing at 9:18 p.m.
Jerry Livingston, Building Industry Associates (BIA), 6336 Greenwich Drive, Suite A,
San Diego, spoke of the importance of flexibility in the architectural guidelines. He
December 4’2001 Carlsbad City Council Meeting Page 11
expressed concern for the maximum lot coverage, as identified in the ordinance. Mr.
Livingston said that single-family homes need to have a 60% lot coverage in order to be
an affordable product. Mr. Livingston said that a 60% lot coverage would allow a
garage and a marketable 2,500 square foot home on a lot. He also suggested 5 foot
side yard set backs be allowed for adjacent one story homes.
Mr. Holzmiller said that the BIA provided staff with detailed information regarding lot
coverage (not on file in the Assistant City Clerk’s Office). However, because the
information was received after the Planning Commission meeting, staff asked the BIA
to present the information at the Council meeting. Mr. Holzmiller said that staff does
not support the BIA’s request for 5 foot side yard setbacks. Staff supports IO-foot side
yard setbacks.
Mike Howes, Principal Planner, Hofman Planning Associates, 5900 Pasteur Court,
Suite 150, spoke in support of the BIA’s position on the 60% lot coverage. He spoke in
support of a 15-foot average setback, with a minimum 1 O-foot space between multi-
family homes. Mr. Howes spoke of the need for multi-family housing in Carlsbad.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 9:27 p.m.
Council Member Hall expressed concern that if garages are required to be side loaded,
the result will be less landscaping and more concrete in front yards.
Council discussion ensued regarding continuing this item. Council Member Finnila
asked that staff analyze the request for a 60% lot coverage and the IO-foot space in
between multi-family homes. Mayor Lewis said he would like staff to address in-fill
areas and require the neighbors to meet regarding in-fill projects. Council Member
Nygaard said she would like to see the pros and cons and the Mayor agreed.
Council Member Nygaard requested further information regarding net coverage on in-fill
lots. She said that Council should look at in-fill lots and grading to ensure adequate
drainage.
Council Member Finnila suggested that discussion of in-fill lots and grading would be a
good subject for a Council Workshop. Council Member Nygaard agreed.
Council concurred to continue this agenda item to December 11, 2001.
DEPARTMENTAL AND CITY MANAGER REPORT:
18. AB #16,449 - COMMUNITY ACTIVITY GRANTS PROGRAM 2001-2002
FUNDING.
Cheryl Gerhardt, Senior Accountant, presented the staff report. In response to Council,
she said that any funds not expended from the Community Activity Grants Program
would roll over to the next fiscal year. Ms. Gerhardt also said that under the Community
December 4,200 1 Carlsbad City Council Meeting Page 12
Activity Grants Program, an organization can receive funds for a particular program for
three years. The goal is for the program to be self-sufficient after a three-year period.
ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION
NO. 2001-356, Accepting the Recommendation for the Community
Activity Grant Council Subcommittee and Allocating Funds to the
Organizations Identified.
AYES: Lewis, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: Kulchin.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis asked staff to return with an agenda item setting a Council Policy
regarding funding requests for supporting local teams (sports, music, etc.).
Council Member Hall reported that he and the Mayor met recently with the Southwest
Homeowners’ Association and that traffic and view issues were discussed.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of December 4, 2001 was adjourned at 9:50
p.m.
Respectfully submitted,
cii&liiza
Assistant City Clerk
Janice Breitenfeld
Deputy City Clerk