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HomeMy WebLinkAbout2002-07-09; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 9,2002 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Lewis, Kulchin, Finnila and Hall. Absent: Nygaard. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: WEDNESDAY, JULY 10,2002 - 12:OO noon Encina Basin Water Reclamation Program, Phase II Groundbreaking Property adjacent to 6200 Avenida Encinas Carlsbad, California THURSDAY, JULY 11,2002 - 1O:OO a.m. 50th Anniversary City Council Meeting Rehearsal Neiman’s Restaurant 300 Carlsbad Village Drive Carlsbad. California PRESENTATION: Council Member Finnila presented Susan Gutierrez, Reference Librarian, with her book Windows on the Past. CONSENT CALENDAR: Item No. 8 was pulled for discussion. Citing a potential conflict of interest, Mayor Pro Tem Kulchin said she would abstain from Item 9. July 9,2002 ACTION: AYES: NOES: ABSENT: CAIUSBAD CITY COUNCIL Page 2 On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #9, with the exception of Item #8, and with Mayor Pro Tern Kulchin abstaining from the vote on Item #9, as follows: Lewis, Kulchin, Finnila, and Hall. None. Nygaard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB # 16.812 -GENERAL MUNICIPAL ELECTION NOVEMBER 5.2002 Council adopted RESOLUTION NOS. 2002-195,2002-196. and 2002-197 calling and giving notice of a General Municipal Election to be held in the City of Carlsbad on November 5,2002 requesting the Board of Supervisors to consolidate the election with the statewide election being held that day, and adopting regulations for candidates at the election. 2. AB #16.813 -AGREEMENT FOR PROFESSIONAL ENGINEERING SUPPORT SERVICES WITH HELMING ENGINEERING, INC. -PROJECT NO. 3190. Council adopted RESOLUTION N0.2002-198, approving an agreement for professional services for engineering support for construction of Rancho Santa Fe Road with Helming Engineering, Inc., Project No. 3190. 3. AB #16,814 - ENCINA WASTEWATER AUTHORITY FY 2003 OPERATING AND CAPITAL PROGRAM BUDGETS. Council adopted RESOLUTION NOS. 2002-199 AND 2002-200, approving the Encina Wastewater Authority FY 2003 Operating Budget and FY 2003 Capital Budget. 4. AB #16.815 -AWARD OF CONTRACT FOR GUARD RAIL CONSTRUCTION - PROJECT NO. 9022-1 Council adopted RESOLUTION NO. 2002-201, accepting bids and awarding a contract to Southland Construction for the construction of guardrail at miscellaneous locations, Project No. 9022-1. 5. AB #16.816 -ACCEPTANCE OF POOL IMPROVEMENTS AT THE CARLSBAD SWIM COMPLEX - CONTRACT NO. FAC 02-12. Council adopted RESOLUTION NO. 2002-202, accepting the work in accordance with Contract No. FAC 02-12 as complete, and directing the City Clerk to have the Notice of Completion recorded and to release the bonds thirty five days after recordation. July 9,2002 CARLSBAD CITY COUNCIL Page 3 6. AB #16.817 -AWARD OF CONTRACT FOR ROADWAY IMPROVEMENTS - PROJECT NO. 3812. Council adopted RESOLUTtON NO. 2002-203, accepting bids and awarding the contract to HMS Construction, Inc. for the construction of Camino Vida Roble and El Camino Real Improvements, Project No. 2812 and appropriation of funds. 7. AB M6.818 - NEW MANAGEMENT CLASSIFICATION OF POLICE COMMUNICATIONS MANAGER. Council adopted RESOLUTION NO. 2002-204, approving the reclassification of Communications Supervisor to Police Communications Manager, and amending the Management Salary Schedule and Conflict of Interest Code. 8. AB #I 6.822 - APPOINTMENT OF A 15-MEMBER CITIZENS, COMMITTEE TO STUDY THE ISSUE OF EXCESS DWELLING UNITS IN THE CITY OF CARLSBAD This item was removed for discussion. 9. AB # 16,823 -APPROVAL OF CITY FINANCIAL ASSISTANCE FOR THE OF THE CITY'S INTENTION TO ISSUE MULTI-FAMILY HOUSING REVENUE VILLAGES OF LA COSTA AFFORDABLE HOUSING PROJECT, AND APPROVAL BONDS. Council adopted RESOLUTION NO. 2002-208, approving a request to provide financial assistance for the construction of 180 affordable apartment units within the Villages of La Costa Master Plan, and approving related loan documents, and; Council adopted RESOLUTION NO. 2002-209 approving the City's intention to issue tax-exempt multi-family bonds to finance the construction, setting a public hearing for August 6, 2002, and authorizing the Finance Director to accept and process the Developer's bond pursuant to CDLAC procedures. DISCUSSION OF CONSENT CALENDAR ITEM: 8. AB #16.822 -APPOINTMENT OF A 15-MEMBER CITIZENS' COMMllTEE TO STUDY THE ISSUE OF EXCESS DWELLING UNITS IN THE CITY OF CARLSBAD Mayor Lewis asked that each Council Member submit to him three recommendations for appointments to the Citizen's Committee. Mayor Lewis asked that this item be continued to August 6,2002. Council concurred. ORDINANCE FOR ADOPTION: IO. AB #16.819 - STOPS AT INTERSECTIONS ON TAMARACK AVENUE IN THE CALAVERA HILLS AREA. Mayor Pro Tem Kulchin and Council Member Finnila noted that they were absent on June 25'h when Ordinance Nos. NS-632 and 633 were introduced. However, they said July 9,2002 CARLSBAD CITY COUNCIL Page 4 that they had reviewed the tape of the June 25'h Council meeting and were prepared to vote on the items. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-632, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops at three locations on Tamarack Avenue; and, Council adopted ORDINANCE NO. NS-633, amending Title IO, Chapter 10.28 of the Carlsbad Municipal Code by the revision of Section 10.28.090 requiring stops for streets intersecting Tamarack Avenue. B: Lewis, Kulchin, Finnila, and Hall. NOES: None. ABSENT: Nygaard. PUBLIC COMMENT: Michele Levy, 3021 Highland, expressed opposition to the approval of a special use permit for the operation of a private school at 3016 Highland Drive. She said the property should retain its current zone of R-I. Ms. Levy distributed a flyer (on file in the City Clerks Office) identifying her concerns. PUBLIC HEARINGS: 11. AB #16,820 - EIR 98-04/GPA 98-03/ZC 98-04/MP 178/LFMP 17 - BRESSI RANCH Christer Westman, Senior Planner, made a Power Point presentation (on file in the City Clerk's Office) and presented the staff report. He noted that at this meeting, only the EIR, Master Plan and zoning change are before Council. Clyde Wickham, Associate Engineer, and Dawn Wilson, Traffic Engineer, RBF Consulting, also reviewed the staff report. In response to Council, Mr. Westman described the types of light industrial businesses that would be appropriate for this site. He also described the surrounding land use and open space. Mr. Westman described the future intersection of Palomar Airport Road and Melrose. Mr. Wickham said after reviewing the overall traffic model, staff projects that the intersection of Palomar Airport Road and Melrose would be completely built out in approximately 2005. In response to Council, Mr. Wickham described the view from the homes in Rancho Carrillo upon the completion of Bressi Ranch. He also explained that the gas station in Bressi Ranch would be located in Planning Area 14. July 9,2002 CARLSBAD CITY COUNCIL Page 5 In response to Council, Mr. Wickham explained that the property line of Bressi Ranch does not meet Melrose. He said there would be an industrial pad slightly below grade at Palomar Airport Road and Melrose. Mr. Wickham said that staff is under the assumption that the completion of Faraday Avenue will be built by a developer. If Faraday is not built, then staff would monitor the intersection. If the intersection fails, development would stop until the failure is relieved. Mayor Lewis opened the duly notice public hearing at 7:OO p.m. and asked if anyone wished to speak on the matter in any way. Bob Santos, President, Lennar Communities, 5780 Fleet Street, Suite 320, spoke in support of staffs recommendation and the project. He made a slide presentation to describe the project (not on file in the City Clerk's Office). Mr. Santos noted that one- third of the project has been dedicated to the Habitat Management Plan. In response to Council Member Hall, Mr. Santos said that there is a 50-foot setback from the roadway to where it is possible to have a building at the corner of Palomar Airport Road and Melrose. Mr. Santos said that at that intersection there is a 10-20 foot vertical drop from the road to the first pad. He said that standards provide that when a building fronts the road, a 25-foot landscape setback is required. Mr. Santos described the proposed industrial park and potential uses. John Robles, 6494 Paseo Lazo, said he was not opposed to the development of Bressi Ranch, but expressed concern for increased traffic, appropriate land use and the need for additional industrial buildings in Carlsbad. He said that the developer did not hold any community meetings regarding the project. Bailey Noble, 5470 Los Robles Drive, spoke in support of the project and the Boys & Girls Club that will be built there. Andy Hamilton, 9150 Chesapeake Drive, San Diego, representing the Air Pollution Control District, spoke in support of the project and said it is a walkable community. He explained current air quality standards and ratings. Dave Schumacher, representing Walk San Diego, 2506 Hartford Street, San Diego, spoke in support of this project and said it is a walkable community. Ron Sipiora, 315 Roosevelt, Chief Professional Officer of the Carlsbad Boys & Girls Club, spoke in support of the project. Mike Sterier, 401 B Street, representing Housing Action Network, said that the housing density on Bressi Ranch should be increased. He said this is a well-designed project and urged Council to approve the project. Donna Orr, 2805 Esturion Street, spoke in support of the project because of its unique village concept. Jan Sobel, Chief Executive Officer of the Carlsbad Chamber of Commerce, spoke in support of this project. She said that she was also representing Gary Hill, who supports this project and said that the project's trails will connect to the Carlsbad trail system. July 9,2002 CARLSBAD CITY COUNCIL Page 6 Ron Plachno, 6223 Paseo Colina, said he does not support the industrial element of the project because it will add to the noise, traffic and vacant industrial buildings in Carlsbad. He said that the industrial element should be delayed until health studies have been completed. Valerie Plachno, 6223 Paseo Colina, submitted two petitions (on file in the City Clerk's Office). The first petition was signed by citizens opposing industrial zoning on the south side of Palomar Airport Road between El Camino Real and Melrose Drive as proposed in the Bressi Ranch Master Plan. The second petition was signed by concerned neighbors of the proposed Bressi Ranch project requesting Council consider recommendations by the neighbors regarding the industrial element of the project. Ruth Anderson, 3040 Rancho La Presa, expressed concern that the industrial use would create pollutants such as diesel fuel emissions. Bruce Esbin, 3040 Rancho La Presa, said the industrial element of Bressi Ranch is too large and does not fit with the residential element. Deirdre Marie-lha, Staff Attorney for California Indian Legal Services, 609 South Escondido Boulevard, Escondido, said she was present on behalf of the San Luis Rey Band of the San Luis Mission Indians and the Pala Band of Indians. She said that both bands of Indian Tribes' territory extend into the area impacted by the Bressi Ranch project. She said that any Native American Human remains or cultural items uncovered during the project should be properly treated. She said that the Tribes are committed to working together regarding the Bressi Ranch Project and are currently in the process of negotiating a pre-excavation agreement with Lennar Communities. She said that pre-excavation agreements typically address three issues: (1) the treatment and disposition of any artifacts that are found during ground disturbing activities on the project; (2) need of Native American monitoring; and, (3) provisions regarding the treatment and disposition of the Native American Human remains that may be uncovered during project activities. Ms. Marie-lha asked that the pre-excavation agreement be made a condition of approval for the project. She said that the Tribes request that the changes made during the Planning Commission hearing regarding previous condition language regarding mandatory curation be a condition of the project. Ms. Marie-lha said that she and the developers' attorney spoke with the City Attorney regarding changes made by the Planning Commission and she said that she wants to be sure that those changes are included in tonight's approval of Bressi Ranch. She asked for an affirmation by the City that, as the developers and she have discussed, that the disposition of any artifacts be left to the decision between the developers, who are the owners of anything found, and the Tribes. In addition, she said that they must note for the record that it is the preference under CEQA that open space preservation be made for all significant archeological sites. She said there are two such sites in this project. She said regarding Native American monitoring, they are pleased that mitigation measures require archeological monitoring, but they request that Native American monitoring also be required. Ms. Marie-lha said this is important because Native American Monitors come to the monitoring and evaluation of archeological sites with a distinct cultural interest, which is a different perspective than the scientific perspective presented by an archeologist. She said that they note for the record that the Bressi Ranch EIR contemplates that one site will be preserved in open space. Ms. July 9,2002 CARLSBAD CITY COUNCIL Page 7 Marie-lha said they support that plan and ask that this open space preservation for this site be guaranteed. She referred to the detailed comment letter, which was submitted to the draft EIR for further information about their concerns (not on file in the City Clerks Office). In response to Council, Ron Ball, City Attorney, said that Ms. Marie-lha's concerns had been addressed in the appropriate documentation for this project. Jim Gilmore, President of Green Strategies, spoke in support of the project and stated he would like to see the project design integrated with the industrial and residential. David Ricker, 4009 Canario, spoke in support of the project, Mary Palmer, 6232 Paseo Colina, asked for the construction timeline of the industrial and residential elements of Bressi Ranch. She said that an office use would be appropriate on the corner of Palomar Airport Road and Melrose. Mike Mojado, P.O. Box I, Pala, said that his tribe appreciates the working relationship they have with the developer. He said that the area in and around Bressi Ranch is rich with artifacts. Jeff Smith, representing Metropolitan Life, explained that the vision for the industrial element of the property is to provide corporate campus buildings, similar to the Torrey Pines area of San Diego. He said the goal is for the industrial element to be an office and business park and possibly a site for the biotech industry. Mr. Smith said that the property along Palomar Airport Road will contain significant landscaping and the entrance to the industrial section would be at Palomar Airport Road and El Fuerte. In response to Council Member Finnila, Mr. Smith said he would be willing to make a commitment to pay particular attention to the corner of Palomar Airport Road and El Fuerte to ensure that it is appealing. In response to Mayor Pro Tern Kulchin, Mr. Smith explained that the business plan is to identify a corporate headquarters for the industrial area of the project. Mayor Lewis spoke of the importance of Council having final approval of construction at the corner of Palomar Airport Road and Melrose. Ron Ball, City Attorney, suggested that Council approve the site plan of Bressi Ranch, with the condition that the approval of the construction on the lot on the corner of Palomar Airport Road and Melrose be sent to the Planning Commission and then to Council for final approval. Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at 8:44 p.m. Council Member Hall said he would like Council to revisit the design guidelines for business parks. Council Member Finnila said that the design guidelines for business parks do not need to be studied because the guidelines have resulted in very nice projects. July 9,2002 CARLSBAD CITY COUNCIL Page 8 Mayor Pro Tem Kulchin suggested that a scoping meeting be held by staff so that the details of the architecture could be presented to the residents. In response to Council, Mr. Wickham said that health concerns focused on diesel fumes is a regional issue, which can not be rectified by this project. He said that notice of tonight’s public hearing was sent to residents within a 600-foot radius of the project. In addition, the public hearing was published in the North County Times Newspaper and a public scoping meeting was held in 1999. Dawn Wilson, Traffic Engineer, RBF Consulting, responded to Council’s questions regarding traffic. Mr. Wickham responded to Council and discussed noise issues and said that a lighting plan for the project is required. He noted that today the developer submitted a grading plan for the residential site and indicated that construction would begin in the latter part of 2004. He said that the residential element would be built in one phase. Council Member Finnila spoke in support of the project, including Council review of proposed developed at the corner of Palomar Airport Road and Melrose Drive. After discussion, Council concurred that it is not necessary for Council to review the design guidelines for business parks. Ron Ball, City Attorney, suggested the following language be inserted in Ordinance No. NS-634, under Section I after “plan”: “...except that no development shall occur on the proposed site at the southwest corner of Palomar Airport Road and Melrose Drive in Planning Area No. 5 unless first reviewed after notice and public hearing by the Planning commission and approved by the City Council.” Mayor Pro Tem Kulchin and Council Member Finnila spoke in support of the project, with the inclusion of the language, as suggested by Mr. Ball. Council Member Hall said he would support the project, if the proposed language were included. Mayor Lewis also spoke in support of the project. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-634, approving the Bressi Ranch Zone Change, ZC 98-04, on approximately 585.1 acres generally located south of Palomar Airport and East of El Camino Real in Local Facilities Management Zone 17; and, Council adopted ORDINANCE NO. NS-635, approving the Bressi Ranch Master Plan, MP 178, on approximately 585.1 acres generally located south of Palomar Airport and east of El Camino Real in Local Facilities Management Zone 17, including the following language under Section I after “plan”: July 9,2002 CARLSBAD CITY COUNCIL “...except that no development shall occur on the proposed site at the southwest comer of Palomar Airport Road and Melrose Drive in Planning Area No. 5 unless first reviewed affer notice and public hearing by the Planning Commission and approved by the City Council.’; and, Page 9 Council adopted RESOLUTION NO. 2002-205, certifying the Program Environmental Impact Report 98-04, approving Candidate Findings of Fact, the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, and approving a General Plan Amendment, Zone Change, Bressi Ranch Master Plan, and Local Facilities Management Plan for Zone 17 for the Bressi Ranch Project on 585.1 acres generally located south of Palomar Airport Road and east of El Camino Real within Local Facilities Management Zone 17. u: Lewis, Kulchin, Finnila, and Hall. NOES: None. ABSENT: Nygaard. 12. AB #16,821 -TOURISM POLICIES AND PROGRAM STRATEGY. 2002. Due to the lateness of the hour, Council concurred to continue this item to August 6, RECESS Mayor Lewis declared a recess at 9:20 p.m. Council reconvened at 9:29 p.m. with all members present except Council Member Nygaard. ADJOURNMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION MEETING. Mayor Lewis adjourned to the Carlsbad Housing and Redevelopment Meeting at 9:29 p.m. with all members present except Commissioner Nygaard. RECONVENE COUNCIL MEETING Chair Lewis adjourned the Carlsbad Housing and Redevelopment Meeting at 9:30 p.m. to the remainder of the City Council Meeting with all members present except Council Member Nygaard. DEPARTMENTAL AND CITY MANAGER REPORTS: None. COUNCIL REPORTS AND COMMENTS: None CITY MANAGER COMMENTS: None. July 9,2002 CARLSBAD CITY COUNCIL Page 10 CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of July 9, 2002 was adjourned at 9:30 pm CITY CLERK Janice Breitenfeld Deputy City Clerk