HomeMy WebLinkAbout2002-06-11; City Council; MinutesMEETING OF:
DATE OF MEETING:
TIME OF MEETING:
PLACE OF MEETING:
MINUTES
CITY COUNCIL (Regular Meeting)
June 11, 2002
6:00 p.m.
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.
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 May 28, 2002
PRESENTATIONS:
Mayor Lewis presented Ron Ball, City Attorney, with a proclamation declaring June 9-15, 2002
"Municipal Attorneys' Week".
Mayor Lewis presented Geoffrey Armour, Assistant Library Director, with a proclamation
declaring June 10-16, 2002 "Historic Preservation Week". Council Member Finnila introduced
the names of the third grade Art Contest Winners.
ANNOUNCEMENTS
Mayor Lewis announced Mayor Pro Tern Kulchin had been elected to the American Coastal
Coalition Board of Directors. He noted that Mayor Pro Tern Kulchin is only one of 2 members
elected from California.
Mayor Lewis announced that City Council Members have been invited and may be participating
in the upcoming events:
Wednesday, June 12, 2002 -5:00 p.m.
Alga North Community Park Master Plan Open House Workshop
City of Carlsbad Faraday Center
1635 Faraday Avenue
Friday, June 14, 2002 -7:00 p.m.
Museum of Making Music Larry R. Linkin Gallery Dedication
5970 Armada Drive
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 2
Saturday, June 15, 2002 -11 a.m.
Batiquitos Lagoon Foundation Trail Benches Dedication and Red-Shouldered Hawk Release
Event
Batiquitos Lagoon Nature Center
7380 Gabbiano Lane
Carlsbad, California
Saturday, June 15, 2002 - 3 p.m.
Carlsbad Boys and Girls Club 50th Anniversary Celebration Event
3115 Roosevelt Street
Carlsbad, California
Saturday, June 15, 2002 -7:00 p.m.
An Evening with Steinway
Museum of Making Music
5790 Armada Drive
Carlsbad, California
Monday, June 17, 2002 - 6 p.m.
Northwest Quadrant Community Park at Pine School Workshop
Carlsbad Senior Center
799 Pine Avenue
Carlsbad, California
CONSENT CALENDAR:
Item Nos. 1 and 2 were pulled for discussion.
ACTION:
AYES:
NOES:
On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the
Consent Calendar, Items #1 through #8, with the exception of Items #1 and
#2, as follows:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #16,779 -ACCEPTANCE OF DONATION AND APPROPRIATION OF FUNDS.
This item was pulled for discussion.
2. AB #16,780 -ACCEPTANCE OF DONATION AND APPROPRIATION OF FUNDS.
This item was pulled for discussion.
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 3
3. AB #16,781 -ACCEPTANCE OF HERITAGE HALL & GRANARY REMODEL PROJECT-
CONTRACT NO. FAC 02-07.
Council adopted RESOLUTION NO. 2002-167, accepting the work in accordance with
Contract No. FAC02-07 as complete, directing the City Clerk to record the Notice of
Completion and to release the bonds thirty-five (35) days after recordation.
4. AB #16,782 -AUTHORIZATION OF REIMBURSEMENT TO CARLSBAD LAUREL TREE
APARTMENTS LP. FOR THE CONSTRUCTION OF MASTER PLANNED DRAINAGE
FACILITIES ADJACENT TO AVIARA PARKWAY-PROJECT NO. 38041.
Council adopted RESOLUTION NO. 2002-168, authorizing the Finance Director to
reimburse Carlsbad Laurel Tree Apartments, LP., for the construction of master planned
drainage facilities installed adjacent to Aviara Parkway.
5. AB #16,783 -INCREASING THE CONSTRUCTION CONTINGENCY AND THE CHANGE
ORDER APPROVAL AUTHORITY OF THE CITY MANAGER FOR THE POINSETTIA LANE
OVERHEAD WIDENING -PROJECT NOS. 3551, 3442, 3829 AND 3810.
Council adopted RESOLUTION NO. 2002-169, increasing the construction contingency and
the change order approval authority of the City Manager for the Poinsettia Lane Overhead
Widening, Project Nos. 3551, 3442, 3829 and 3810.
6. AB #16,784 -SELECTION OF MCGLADREY & PULLEN, LLP FOR FINANCIAL AUDIT.
Council adopted RESOLUTION NO. 2002-170, approving the consultant agreement with
McGladrey & Pullen, LLP to perform the City's financial audit for fiscal years 2001-02
through 2005-06.
7. AB #16,785-2002 GROWTH MANAGEMENT TRAFFIC MONITORING PROGRAM AND
APPROPRIATION OF FUNDS.
Council adopted RESOLUTION NO. 2002-171, approving the consultant agreement with
Rick Engineering for the 2002 Growth Management Plan Traffic Monitoring Program and
appropriating funds.
8. AB #16,786-GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR FISCAL
YEAR 2000-2001.
Council accepted the Annual General Plan Implementation Status Report for Fiscal Year
2000-2001.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #16,779 -ACCEPTANCE OF DONATION AND APPROPRIATION OF FUNDS.
Cliff Lange, Library Director, presented the staff report.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2002-165, accepting a gift of $7,000 from the San Diego Foundation Aviara
Community Fund, appropriating donation to the Library Gifts and Bequests Fund.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page4
2. B #16,780 -ACCEPTANCE OF DONATION AND APPROPRIATION OF FUNDS.
Carolyn Taylor, President of Friend of the Carlsbad Library, presented a check in the amount of
$22,000 to Council on behalf of the Friends of the Carlsbad Library.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2002-166, accepting a donation of $22,000 from the Friends of the Carlsbad
Library to the Carlsbad City Library and appropriating the donation to the Library
Gifts and Bequests Fund.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
PUBLIC COMMENTS: None.
ORDINANCE FOR ADOPTION:
9. AB #16,787 -ZC 00-11 THE SUMMIT AT CARLSBAD, ZONE CHANGE
ACTION:
AYES:
NOES:
ABSENT:
On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-
629, amending Section 21.05.030 of the Carlsbad Municipal Code by an
amendment to the Zoning Map to grant a Zone Change from R-1-10,000 to RD-M
on property generally located north of Marron Road between El Camino Real and
Avenida de Anita in Local Facilities Management Zone 2.
Kulchin, Finnila, Nygaard, and Hall.
Lewis.
None.
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District Meeting
at 6:35 p.m. with all Board Members present.
RECONVENE TO THE CITY COUNCIL MEETING
President Lewis adjourned the Municipal Water District Meeting at 6:36 p.m. and reconvened
the City Council Meeting with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
10. AB #16,788-CONSISTENCY DETERMINATION FOR THE MCCLELLAN-PALOMAR
AIRPORT COMPREHENSIVE LAND USE PLAN -PIP 00-04(A).
Mike Grim, Senior Planner, presented the staff report and made a Power Point Presentation (on
file in the City Clerk's Office). Mr. Grim explained that the Planned Industrial Permit is located
on Lot 24 of CT 81-46 within the Carlsbad Airport Centre Specific Plan (SP 181) and is the
subject of this Consistency Determination.
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 5
Ron Ball, City Attorney, explained that Council is only being asked tonight to override the noise
compatibility issue. He referred to Item No. 3 on Page 1 of Resolution No. 2002-172 and
recommended that the Resolution be amended as follows: " ... as to noise compatibility only"
shall be inserted after " ... override ... " and prior to " ... of the San Diego County Regional Airport
Authority's ... "
Mike Durkin, 6225 Via Campo Verde, San Diego, said he is the owner of the 2-acre industrial lot
known as Lot 24. He asked that Council approve the override of the San Diego County
Regional Airport Authority's determination of non-consistency with the Comprehensive Land
Use Plan for the McClellan-Palomar Airport. Mr. Durkin said he has been working with the
City's Planning Department staff and believes that the conditions of approval for his project
meet the intent of the Comprehensive Land Use Plan.
Alan Haynie, 701 B Street, Suite 2100, San Diego, spoke in support of staff's recommendation.
ACTION:
AYES:
NOES:
On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2002-172, overriding the Airport Land Use Commission's determination of Non-
Consistency with the CLUP and approving the development of an industrial
building on an existing industrial lot, within the Carlsbad Airport Centre Specific
Plan, in the Northwest Quadrant, with the following amendment to the resolution:
" ... as to noise compatibility only" shall be inserted after " ... override ... " and prior to
" ... of the San Diego County Regional Airport Authority's ... " as recommended
above by the City Attorney.
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
11. AB #16,789 -AMENDMENT TO CHAPTER 11.24 AND INTERIM MANAGEMENT PLAN
FOR AGUA HEDIONDA LAGOON.
Eric Munoz, Senior Planner, presented the report and made a Power Point Presentation (on file
in the City Clerk's Office). In response to Council, Mr. Munoz explained that the Cabrillo Power
leases the lagoon to the City of Carlsbad on a year-to-year lease and owns the Agua Hedionda
Lagoon. The City then issues recreational use permits to the public to use the lagoon for
boating and other water sports.
Bruce Posthumus, representing the Regional Water Quality Control Board -Region 9, and also
the Chair of the Southern California Caulerpa Action Team (SCCAT), presented a history of
Caulerpa Taxifolia in Agua Hedionda Lagoon and eradication efforts. He said that the proposed
interim management plan will allow for continued use of the lagoon and includes safeguards for
the divers who are working on the eradication of Caulerpa Taxifolia.
Wayne Brechtel, 462 Stevens Avenue, Solana Beach, reviewed the Interim Management Plan
to Facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program. He said that
he is representing homeowners and recreational users of the Lagoon. Mr. Brechtel said that
the methods used to date to eradicate the Caulerpa Taxifolia are working and the lagoon users
would like the eradication efforts to continue. Mr. Brechtel said that the interim management
plan is a good compromise to continue the eradication efforts and still have recreational access
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page6
to the Lagoon.
Keith Mahler, 4517 Cove Drive, #1, Carlsbad, said he is a water skier. He explained that the
interim management plan limits the wake height of a boat to 12 inches. Mr. Mahler said the
interim management plan does not address the wake of a boat when it takes off because the
wake would be much larger than 12 inches. Mr. Mahler said that the Caulerpa Taxifolia
eradication divers have indicated that a 12-inch wake limit will not hinder their efforts. Mr.
Mahler explained how wakes are measured and said that wind was not taken into consideration
of the calculation.
Floyd Packard, 3475 Valley Street, Carlsbad, representing wake boarders, said that the wake
boarders could still enjoy themselves with a 12-inch wake. He said that a majority of wake
boarders are teenagers or young adults. Mr. Packard said that usually there is only one or two
wake boarders on the Lagoon at one time.
In response to Council, Police Sergeant Keith Blackburn, discussed enforcement issues. He
anticipated that all Lagoon users would comply with the interim management plan. He
explained that a warning will be made to violators and the police officer would offer
recommendations to the Lagoon user to prevent future violations. Sergeant Blackburn said only
in the most extreme cases would violations end up in court. He said that the court will accept a
police officer's visual estimate of the speed of the violating watercraft.
In further response to Council, Sergeant Blackburn said that there would be one full time police
officer and one part time officer for 20 hours per week from the Fish & Game Agency patrolling
the Lagoon until the end of the year.
Bob Payne, 4061 Skyline Road, Carlsbad, said he is a Lagoon user and he reviewed his
correspondence dated June 10, 2002 previously sent to Council (on file in the City Clerk's
Office). He said that the rule limiting the size of boats to 21-feet on Agua Hedionda, is a fair
size limit for the length of boats.
Randi Fjaeran, 4460 Highland, Carlsbad, said she is a member of the Agua Hedionda
Foundation and said that the Board of Directors support of the interim management plan to
facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program. She noted that
Agua Hedionda Foundation had been awarded a $1 million grant, which they will donate to the
SCCAT Team, to help in the Caulerpa Taxifolia eradication efforts.
Keith Mahler, 4517 Cove Drive, #1, Carlsbad, expressed appreciation to the SC CAT Team for
working together to create the interim management plan to facilitate the Agua Hedionda Lagoon
Caulerpa Taxifolia Eradication Program. He spoke in support of Sergeant Blackburn's
credibility in determining wake sizes and said that publications, such as boating magazines,
describe the height of the wake caused by various size of boats.
Floyd Packard, 3475 Valley Street, Carlsbad, spoke in support of the Interim Management Plan
to Facilitate Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program. He said it was a
creation of compromise.
Gene Huber, 6407 E. Pata Court, Carlsbad, said he is a north shore property owner, and spoke
in support of the Interim Management Plan to Facilitate Agua Hedionda Lagoon Caulerpa
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 7
Taxifolia Eradication Program. He said that document was a compromise.
Greg Rusing, owner of California Water Sports, said the Interim Management Plan to Facilitate
Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program is a good compromise. He
spoke in support of Sergeant Blackburn's efforts to enforce the law on Agua Hedionda Lagoon.
Mr. Rusing said that the wake limit is adequate. He said that many boats are manufactured to
create low wakes. However, factors such as the design of the bottom of the boat, number of
people riding in the boat and the boat's speed affect the size of the wake.
In response to Mayor Lewis, Sergeant Blackburn presented a brief history of the length limits of
boats allowed in Agua Hedionda.
In response to Mayor Pro Tern Kulchin, Robert Hoffman, National Marine Fisheries Service
(lead federal agency), said that the emergency permit allows the eradication of Caulerpa
Taxifolia that is occurring in Agua Hedionda. Mr. Hoffman said that one of the conditions of the
permit is that his agency is to return to City Council with a Consistency Determination. Mr.
Hoffman said that from an eradication viewpoint, it would be a better course of action to close
the Lagoon. The second best course of action is to keep the Lagoon open, but eliminate
motorized watercraft. The third best course of action is the implement Interim Management
Plan to Facilitate Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program. Mr. Hoffman
said that his agency is hopeful that this Plan will work. He explained that the eradication efforts
would constantly be evaluated. He stated that acquiring funding for the eradication efforts has
been difficult.
In response to Council Member Nygaard, Mr. Hoffman said that if Caulerpa Taxifolia is found in
the inner and outer lagoon, his agency would return to the City Council to request assistance.
Mr. Hoffman and Council discussed jurisdictional issues regarding Agua Hedionda Lagoon.
Ron Ball, City Attorney, said having listened to the users of the lagoon, it is clear that the wake
problem occurs during the starting and stopping, as well as during operation of the watercraft.
Therefore, Mr. Ball said recommended an amendment to Section 11.24.057 of Ordinance No.
NS-630, so that it would read as follows:
1111.24.057 No large wakes.
(a) Except when necessary for starting and stopping only, it is
unlawful to operate a personal watercraft or powerboat in any
area of the inner lagoon in a manner that generates wakes in
excess of twelve (12) inches above the undisturbed water line.
In response to Council, Mr. Brechtel explained how the public would be notified of the wake
limitations.
Council Member Hall and Council Member Nygaard spoke in support of the ordinances and
resolution, with the amendment to Section 11.24.057 of Ordinance No. NS-630, as
recommended above by Mr. Ball. Council Member Nygaard asked that staff return to Council at
the end of summer with a report.
Council Member Finnila spoke of the importance of eradicating Caulerpa Taxifolia. Council
Member Finnila said her first preference would have been to close the Lagoon for six months,
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 8
focus on eradication efforts and then reopen the Lagoon and implementing the Interim
Management Plan to Facilitate Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program.
However, Council Member Finnila said she could support the Interim Management Plan to
Facilitate Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program, with assurances that
the lagoon would be patrolled most of the time when the lagoon is used and that the Agua
Hedionda Foundation will donate the grant of $1 million to the SCCAT Team for eradication
efforts. Council Member Finnila said that at the end of the evaluation, if it appears that the
Caulerpa Taxifolia still exists, she would vote to close the Lagoon and focus on the eradication
efforts.
Mayor Pro Tern Kulchin said she could support the Interim Management Plan to Facilitate Agua
Hedionda Lagoon Caulerpa Taxifolia Eradication Program.
ACTION: On a motion by Council Member Kulchin, Council adopted URGENCY
ORDINANCE NO. NS-630, amending Chapter 11.24 of the Carlsbad Municipal
Code to implement measures to aid in the survey and eradication of Caulerpa
Taxifolia in the Agua Hedionda Lagoon, and that Section 11.24.057 (a) be
amended to read as follows:
AYES:
NOES:
"11.24.057 No large wakes.
(a) Except when necessary for starting and stopping only, it is
unlawful to operate a personal watercraft or powerboat in any
area of the inner lagoon in a manner that generates wakes in
excess of twelve (12) inches above the undisturbed water line;
and,
Council introduced ORDINANCE NO. NS-631, amending
Chapter 11.24 of the Carlsbad Municipal Code to implement
measures to aid in the survey and eradication of Caulerpa
Taxifolia in the Agua Hedionda Lagoon and that Section
11.24.057 (a) be amended to read as follows:
"11.24.057 No large wakes.
(a) Except when necessary for starting and stopping only, it is
unlawful to operate a personal watercraft or powerboat in any
area of the inner lagoon in a manner that generates wakes in
excess of twelve (12) inches above the undisturbed water line;
and,
Council adopted RESOLUTION NO. 2002-173, approving the Interim
Management Plan to Facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia
Eradication Program.
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 9
RECESS
Mayor Lewis declared a recess at 8:31 p.m. Council reconvened at 8:40 p.m. with all members
present.
DEPARTMENTAL AND CITY MANAGER REPORT (CONTINUED):
12. AB #16.790-ENCINA POWER PLANT PROCESSING REQUIREMENTS-PROPOSED
DESALINATION FACILITY.
Council Member Hall cited a potential conflict of interest and left the meeting at 8:40 p.m.
Michael Holzmiller, Planning Director, presented the staff report and made a Power Point
Presentation (on file in the City Clerk's Office). Council and Mr. Holzmiller discussed the four
processing alternatives included in the Power Point Presentation.
Walter Winrow, 501 West Broadway, #840, San Diego, representing Poseidon Resources, said
they do not want to compromise the City's long term objectives. He said by commencing the
process now, they acknowledge there is no predetermined outcome and Council retains
discretion if the project advances. Mr. Winrow said that they hope that their application for a
desalination facility can be processed concurrently with the larger parcels and that the project
can continue on track. Mr. Winrow said that Poseidon Resources is committed to working with
staff to accomplish the City's goals and objectives.
Ken Weinberg, 4677 Overland Avenue, San Diego, Director of Water Resources, representing
the County Water Authority, said he was present to answer any questions. In response to
Mayor Lewis, Mr. Weinberg said that the City of Carlsbad has a competitive advantage in the
desalination program. He said that the EIR and processing time are a requirement of the
Metropolitan Water District Funding Program.
Council Member Finnila noted that the County Water Authority (CWA) has eminent domain over
the City. Therefore, Council Member Finnila said she was hesitant to proceed quickly.
Mr. Weinberg explained that one of the actions of the CWA Board of Directors is to direct the
CWA staff to work with the City of Carlsbad on the environmental process. He said that the
CWA has tried to explain to the Metropolitan Water District that sufficient time has not been
allowed for the environmental process. Mr. Weinberg said he was not sure if the Metropolitan
Water District would extend the timing to address environmental issues.
Mr. Weinberg said that the CWA Board of Directors has demonstrated a commitment to move
forward with the process. He said that the CWA would continue working with the City of
Carlsbad staff, Cabrillo Power and Poseidon Resources to develop the desalination project.
In response to Council, Mr. Weinberg said that other companies, besides Poseidon Resources
have expressed interest in developing a desalination project at the Encina Power Plan.
Council concurred that Alternative No. 1 (Applicant/property owner-initiated comprehensive
Specific Plan amendment/update) is the most appropriate alternative. Council Member Finnila
asked if this decision should be postponed in order to determine if all partners in the
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 10
desalination project agree with the principles. Mayor Lewis said that it would not be appropriate
to postpone tonight's decision.
ACTION:
AYES:
NOES:
ABSENT:
On a motion by Council Member Kulchin, Council approved Alternative No. 1
(Applicant/Property owner -initiated Comprehensive Specific Plan
Amendment/Update. This alternative would require the applicant for any
proposed project, such as the desalination plant, to prepare an update of the
Specific Plan with the authorization of the property owners (Cabrillo Power and
Sempra Energy). The city would then be a reviewer of the Plan prepared by the
applicant, which is normally the process that is followed. This alternative would
require the cooperation and resource commitment by the property owners.); and,
that the negotiations principles shall be available to the public.
Lewis, Kulchin, Finnila and Nygaard.
None.
Hall.
Peter MacLaggan, representing Poseidon Resources, said that he was not convinced that all
parties are motivated to proceed. Mayor Lewis said that this is what will be determined.
(Council Member Hall returned at 9:30 p.m.
13. AB #16,791 -CITY COUNCIL POLICY NO. 43 AMENDMENT (EXCESS DWELLING UNIT
BANK).
Michael Holzmiller, Planning Director; Dennis Turner, Principal Planner; Carrie Loya-Smalley,
Senior Civil Engineer; and, Helga Stover, Senior Accountant, presented the staff report and
made a Power Point Presentation (on file in the City Clerk's Office).
Mayor Lewis noted that the hour had reached 10:00 p.m. and asked Council for a consensus
regarding continuing this item to another Council meeting or proceeding tonight. Council
concurred to proceed with staffs report at this meeting and continue the item for Council's
decision to June 18, 2002.
Jack Henthorn, 5365 Avenida Encinas, #A, spoke of the importance of ensuring that there is an
adequate number of units in the Excess Dwelling Unit Bank. He asked that Policy 43 be
amended in order to accommodate smaller infill projects. Mr. Henthorn asked that the
possibility be explored to use the excess dwelling units to support projects that support the
Habitat Management Program.
Bob Ladwig, 703 Palomar Airport Road, spoke in support of Mr. Henthorn's request to review
Policy 43 as it affects in-fill projects. Mr. Ladwig said that staff should particularly address the
northeast quadrant, which has several roads that are not completed. He noted that the fewer
units in those areas, the higher the financial responsibility each unit would have to build those
roads. Mr. Ladwig said spoke in support of retaining the Excess Dwelling Unit Bank in its
entirety (Alternative No. 2) and he also spoke of the importance of maintaining flexibility in
Policy 43. However, Mr. Ladwig said that if Council decides to change the number of units in
the Excess Dwelling Unit Bank, the issue should be placed on the ballot. He said a change in
the number of units in the Excess Dwelling Unit Bank would be a significant change to the
Growth Management Plan, which was approved by a ballot vote.
June 11, 2002 CARLSBAD CITY COUNCIL MEETING Page 11
In response to Mayor Pro Tern Kulchin, Mr. Holzmiller said that there is nothing in the Growth
Management Plan, voted upon by the citizens in 1986, which would preclude Council to have a
higher specific performance standard than is stated in the Growth Management Plan.
Council Member Finnila said she would like to enter into the record correspondence from Heidi
W. Mather, Regional Development Manager, JPI, dated June 11, 2002 (on file in the City
Clerk's Office); and, correspondence from Lloyd.Sellinger, BCS Natural Resources Corporation,
dated June 10, 2002 (on file in the City Clerk's Office).
In response to Council Member Finnila, Mr. Turner said that staff did not specifically include the
Smith, Sunny Creek and MAG future developments in their analysis. He explained that staff
created an allowance for land use changes because it is difficult to forecast what land use
changes might occur in the future.
Mr. Holzmiller noted that the MAG and Sunny Creek properties are still in the preliminary review
stages and it is not possible, at this point of time, to calculate how many excess dwelling units
might be needed.
Staff and Council discussion ensued regarding the possible alternatives available to Council.
Mr. Holzmiller also described the two types of second dwelling programs that are available. Mr.
Holzmiller explained that staffs intention is to place the excess dwelling units in one bank and
use those units on a city-wide basis.
In response to Council, Mr. Holzmiller said that Council previously gave direction to staff to try
and design the Sunny Creek property a mixed-use project. Staff is currently working with the
owners on that issue. Mr. Holzmiller said that the MAG property includes lands that the General
Plan designates as residential. He said that staff is also discussing the possibility of a mixed-
use on part of the MAG property currently designated for commercial.
Council concurred to continue this item to June 18, 2002.
COUNCIL REPORTS AND COMMENTS:
Council Member Nygaard gave an update on the the League of California Cities.
Council Member Finnila said that the Recreation Department would hold a public workshop on
June 12, 2002, from 5:00 p.m. to 9:00 p.m. at the Faraday Center, regarding the future Alga
Norte Park.
Council Member Finnila also said that the Recreation Department would hold a public workshop
on June 17, 2002, from 6:00 p.m. to 9:00 p.m. at the Senior Center, regarding the Northwest
Quadrant Community Park.
CITY MANAGER COMMENTS: None.
June 11, 2002 CARLSBAD CITY COUNCIL MEETING
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 11, 2002, was adjourned at 10:28 p.m.
~~~?rmL
CITY CLERK
Janice Breitenfeld
Deputy City Clerk
Page 12