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Home My WebLink About2002-08-06; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 6,2002 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 5:58 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Kulchin, Council Members Hall, Nygaard, and Absent: None Finnila INVOCATION was given by the Reverend Douglas Kelly from the Christ Presbyterian Church. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, Minutes of the following meetings were approved as follows: Minutes of the Special Meeting of June 25, 2002 3-0-2 (Ms. Finnila and Ms. Kulchin Minutes of the Regular Meeting of June 25, 2002 3-0-2 (Ms. Finnila and Ms. Kulchin Minutes of the Special Meeting of July 9, 2002 4-0-1 (Ms. Nygaard abstained) Minutes of the Regular Meeting of July 9, 2002 4-0-1 (Ms. Nygaard abstained) Minutes of the Special Meeting of July 1 1, 2002 5-0-0 Minutes of the Special Meeting of July 16, 2002 5-0-0 Minutes of the Special Meeting of July 17, 2002 5-0-0 abstained) abstained) PRESENTATION: Mayor Lewis presented proclamations, entitled "Surfer of the Century" to Doug Tic0 and Carl Miller in recognition of their contribution to the sport of surfing in Carlsbad as well as to the sport, in general. Between them, these men account for 110 years of surfing. Mr. Tic0 for 60 years, and Mr. Miller for 50 years. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Kulchin, Council unanimously affirmed the action of the Consent Calendar, Items # 1 through #3 as follows: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None August 6,2002 City Council Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #16.842 -TEMPORARY EMPLOYMENT AGENCY CONTRACTS. Council adopted RESOLUTION NO. 2002-234, approving contracts with Manpower, Eastridge, Randstad, and Apple One for temporary employment agency services. 2. AB #16.843 - REPORT ON CITY INVESTMENTS AS OF JUNE 30.2002. Council accepted the report from the City Treasurer on the status of the city’s investment portfolio as of June 30, 2002. 3. AB #16,844 - MODIFICATION TO THE HEALTH BENEFITS PROVISION OF THE MANAGEMENT COMPENSATION AND BENEFITS PLAN. Council adopted RESOLUTION NO. 2002-235, modifying the provisions of the Management Compensation and Benefits Plan to increase the Health “Benefits Credits” for active management employees. PUBLIC COMMENT Ron Juncal, art director for “Art Splash stated the following: “Art Splash” will be a part of the 50th Anniversary Celebration of the City of Carlsbad, on September 28Ih and 2gth, 2002. This is to be a purely artistic event, which will celebrate the arts. Any monies received, over and above expenses, will be given to the arts in the community for their use. This will be a free festival from Noon until 6:OO P.M. on both Saturday, September 28, and Sunday, September 29, 2002. Their web site is www.carlsbadartsDlash.orq and everyone is encouraged to log onto this site for information about Art Splash. The business community and the City are also encouraged to continue to take part and promote this event. Mayor Lewis introduced Tara Sanders, Carlsbad Teen, who was ill when other pageant winner. Ms. Sanders thanked Council for inviting her to this meeting. She took the opportunity to clarify that the recent pageant wasn’t necessarily a beauty pageant. She explained that contestants were scored, in the categories of academics, community service, and extra-curricular activities. PUBLIC HEARINGS: 4. AB #16,845 - ZONE 19 [AVIARA) COMMUNITY) - PARK - LCPA 02-03 AND APPEAL OF PLANNING COMMISSION APPROVAL OF MP 177(DD)/CUP 01-2WHDP 01-07/CDP 01- Elaine Blackburn, Senior Planner, made a Power Point presentation (on file in the City Clerk’s Office) and presented the staff report. Mayor Lewis opened the duly noticed Public Hearing at 6:35 p.m., and asked if anyone would like to discuss this matter in any way. August 6,2002 City Council Page 3 Tana Alcalay, Appellant and President of the Brindisi Homeowners’ Association, residing at 5317 Alexandri Circle, stated the following: The homeowners in their association are all very excited about the park and are not complaining about that particular issue. To clarify, she stated that they (as homeowners) were not notified regarding the park, because no one lived in this development at the time. Residents moved in at the end of 2001 and the beginning of 2002. Their main concern is the traffic in and out of the park, since the entrance and exit is on Ambrosia Lane and is only a two lane cul-de-sac. Her association suggested that the maintenance road be made either an entrance or an exit (preferably an exit). That way, there would be a road into the park on one street (Ambrosia) and the exit on Poinsettia. She also expressed concern as to whether or not there is ample room on Ambrosia for emergency vehicles should the need arise. She also asked for a “keep clear” sign to be painted to further control traffic. Parking is another concern. The nearby church is already out of parking space and it appears that there will not be ample parking in the park as well. The homeowners would like to meet with staff to see if there is something that can be done to ease the traffic congestion. Sarone Nolan, 6349 Alexandri Circle, Carlsbad, stated her disagreement with the use of the cul-de- sac as the main entrance and exit to and from the park, and suggested that the issue should be further addressed. Judy Altman, 6351 Alexandri Circle, Carlsbad, stated that if there’s a traffic light at Ambrosia and Poinsettia, the left turning cars (off Ambrosia) are going to back up and residents are going to have a terrible problem getting out of and into their respective properties. She, too, expressed her concern for parking because of the church’s overflow and the number of park users. Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at 6:44 p.m. MAIN MOTION: ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2002-236 adopting a Mitigated Negative Declaration, with Addendums dated January 24, 2002 and July 3, 2002, a Mitigation Monitoring and Reporting Program, and approving LCPA 02-03; and, Upholding the Planning Commission’s decision and denying the appeal of MP 177(DD)/CUP 01-2UHDP 01-07EDP 01-31 with an annual review. m: Lewis, Kulchin, Finnila Nygaard and Hall - NOES: None SECOND MOTION: ACTION: On motion by Council Member Hall, Council making the Finding that the City Attorney has so stated, by adding the traffic light at the time of the building of the park and per Traffic Engineer Johnson, install a queuing detector in that signal and to refund the $660 appeal fee to the appellant. - AYES: Lewis, Kulchin, Nygaard and Hall m: Finnila August 6.2002 City Council Page 4 RECESS: Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:20 p.m. with all members present. Council discussed whether or not to enforce City Policy regarding the collection of appeals fees. 5. AB#l6.846-SDP01-17-VILLAGESOFLACOSTAAFFORDABLEAPARTMENTUNITS. Citing a potential conflict of interest, Mayor Pro Tem Kulchin, excused herself from hearing this item and left the dais at 7:23 p.m. Craig Ruiz, Management Analyst with, presented the staff report. Mayor Lewis opened the duly noticed Public Hearing at 7:28 p.m., and asked if anyone would like to discuss this matter in any way. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:28 p.m. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 2002-237 approving the Council’s Declaration of Intent to issue the subject tax-exempt bonds in an amount not to exceed $20 million to finance the construction of one hundred eighty (180) affordable apartment units within the Village of La Costa Master Plan. - AYES: Lewis, Finnila, Nygaard and Hall NOES: None Mayor Pro Tem Kulchin returned to the dais at 7:30 p.m. 6. AB #16.847 - SDP 96-01(BKDP 96-02(B) - GRAND PACIFIC PALISADES RESORT, Christer Westman, Senior Planner presented the Staff Report. Mike Howes, representing Hofman Planning Associates, 5900 Pasteur Court, Suite 150, Carlsbad. Mr. Howes stated this is a very simple request to convert four (4) hotel rooms into two (2) conference rooms and urged an affirmative vote from the Council. Mayor Lewis opened the duly noticed Public Hearing at 7:31 p.m., and asked if anyone would like to discuss this matter in any way. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:32 p.m. August 6,2002 City Council Page 5 ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2002-238 approving Site Development Plan Amendment No. SDP 96-01 (B) and Coastal Development Permit Amendment No. CDP 96-02(B) as recommended for approval by the Planning Commission. m: Lewis, Kulchin, Finnila, Nygaard and Hall NOES: None 7. AB #16.848 - WEED ABATEMENT - CONFIRMING COSTS AND PROVIDING FOR COLLECTION. Martin Aguilera thanked local firefighters who had saved his home in Julian. Together, Martin Aguilera, Deputy Fire Marshall and Kelly Collier presented the staff report. Mayor Lewis opened the duly noticed Public Hearing at 7:36 p.m., and asked if anyone would like to discuss this matter in any way. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:36 p.m. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2002-239 approving the cost assessments of the abatement and directing the City Clerk to file a certified copy of the Resolution to the County Auditor, on or before August 10,2002. m: Lewis, Kulchin, Finnila, Nygaard and Hall - NOES: None 8. AB #16.834 - REALLOCATION OF CDBG AND HOME FUNDS TO ACQUIRE PROPERTY FOR AFFORDABLE HOUSING PROJECT. Frank Boensch, Management Analyst, presented the staff report Mayor Lewis opened the duly noticed Public Hearing at 7:40 p.m., and asked if anyone would like to discuss this matter in any way. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:40 p.m. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2002-220 to reallocate funds from the Housing Reserve Fund for the acquisition of property for affordable housing. m: Lewis, Kulchin, Finnila, and Nygaard. - NOES: Hall August 6,2002 City Council Page 6 ADJOURNMENT TO JOINT SPECIAL MEETING OFTHE CITY COUNCIL AND THE MUNICIPAL WATER DISTRICT. Mayor Lewis adjourned to the Joint Meeting of the Council and the Municipal Water District at 7:41 p.m. ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING. President Lewis adjourned to the Meeting of the Housing and Redevelopment Commission at 7:43 p.m. ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING. Chair Lewis adjourned the Meeting of the Housing and Redevelopment Commission and reconvened the remainder of the City Council Meeting at 8:32 p.m., with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB M6.850 - ARGUMENTS FOR BALLOT MEASURE REGARDING CARLSBAD’S EXPENDITURE LIMIT. ACTION: On motion by Mayor Pro Tem, Kulchin, Council adopted RESOLUTION NO. 2002-230 AND RESOLUTION NO. 2002-233, authorizing four members (Lewis, Kulchin, Finnila, and Nygaard) to submit written arguments regarding: the city ballot measures to repeal the expenditure limitation contained in chapter 1.24 of the Carlsbad Municipal Code, and the city ballot measure regarding expenditure of funds for capital facilities. - AYES: Lewis, Kulchin, Finnila, and Nygaard NOES: Hall 11. AB 16.822 -APPOINTMENT OF A 15-MEMBER CITIZENS COMMITTEE TO STUDY THE ISSUE OF EXCESS DWELLING UNITS IN THE CITY OF CARLSBAD AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. ACTION: On motion by Mayor Pro Tem, Kulchin, Council adopted RESOLUTION NO. 2002-207, establishing a fifteen-member, Ad-Hoc Citizen’s Committee to study and report on the issues of excess dwelling units in the City of Carlsbad. (Members are as follows: Julie Baker, Planning Commission designee, Carl Miller, Bud Carroll, Mario Monroy, Andrew Chapman, Mary Regan, Mike Howes, Bob Nielsen, Sally Lyons, Hank Litton, Nora George, Irv Roston, Bill Compas, Nancy Calverley, and Jim Craig.) - AYES: Lewis, Kulchin, Finnila, Nygaard and Hall - NOES: None August 6,2002 City Council Page 7 12. AB M6.851 - BEACH EROSION COMMITTEE APPOINTMENTS. ACTION: On motion by Mayor Pro Tem, Kulchin, Council adopted RESOLUTION NO. 2002-241, RESOLUTION NO 2002-242, reappointing Bruce Macklin and Noreen Sigafoose, and RESOLUTION NO. 2002-243, appointing Jonathon Campbell to the Beach Erosion Committee - AYES: Lewis, Kulchin, Finnila, Nygaard and Hall - NOES: None RECESS: Mayor Lewis called a recess at 8:39 p.m. Council reconvened at 8:45 p.m., with all Council Members present. 13. AB #16,821 - CITY OF CARLSBAD TOURISM POLICIES AND PROGRAM STRATEGY. The staff report was presented by Debbie Fountain, Housing and Redevelopment Director, Cynthia Haas, Economic Development Manager, and Frank Boensch, Management Analyst. Staff briefly explained the tourism policies and program strategies, survey and marketing findings, and overarching goal. (A copy of the presentation is on file in the City Clerk’s Office.) At the conclusion of the presentation, staff presented two options for Council consideration: 1 .) That the City Council adopt the resolution approving the Tourism Policies and Program Strategy as presented; or 2.) That the City Council defer adoption of the Policy and Strategy until the end of the year, to allow for additional review by the Tourism Alliance and other interested parties. Representing the Carlsbad Tourism Alliance, Anita Boeker urged Council to defer the adoption of strategy, until the end of the year to allow the Tourism Alliance to complete their review and submit their recommendations to Council. On behalf of LegoLand, Bill Haviluk urged Council accept Option #2 and defer the adoption of strategy until the end of the year. Jan Sobel, CEO of the Carlsbad Chamber of Commerce, also urged Council to accept Option #2. Ted Axe, 1628 Corte Orchidia, Carlsbad, representing La Costa Resort and Spa, echoed the previous three speakers. He further stated that he does not necessarily agree that there can be only one mechanism to disperse the multitude of information that needs to be done from a tourism standpoint. There needs to be one mechanism for each of the following market segments: 1) Groups, 2) Association Business, and 3) The leisure traveler. ACTION: On motion by Mayor Pro Tem, Kulchin, Council adopted OPTION NO. 2, as recommended by staff, and deferred adoption of the Strategy until the end of the year to allow for additional review. - AYES: Lewis, Kulchin, Finnila, Nygaard and Hall - NOES: Hall August 6,2002 City Council Page 8 COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of August 6, 2002, was adjourned at 9:41 p.m. Respectfully submitted,