HomeMy WebLinkAbout2002-11-05; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 5,2002
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 Deputy City Clerk, as follows:
Present: Lewis, Kulchin, Finnila, Nygaard, and Hall.
Absent: None.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Mayor Lewis offered the invocation and Council Member Finnila led the Pledge of
Allegiance.
PRESENTATIONS:
Anne Sullivan, Carlsbad High School Key Club President, accepted a proclamation
from Mayor Lewis declaring the week of November 3-9,2002 “Key Club Week.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items #I and #2, 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. AB #16,956 - REPORT ON CITY INVESTMENTS AS OF SEPTEMBER 30,2002.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of September 30, 2002.
2. AB #16,957 -APPROVAL OF A SIDE LETTER WITH THE CARLSBAD POLICE
OFFICERS, ASSOCIATION AND MODIFICATION TO THE MANAGEMENT
COMPENSATION AND BENEFITS PLAN.
Council adopted RESOLUTION NO. 2002-319, approving a side letter with the
Carlsbad Police Officers’ association (CPOA) extending the term of the current
Memorandum of Understanding (MOU) and amending articles of the MOU titled,
November 5,2002 Carlsbad .City Council Page 2
“Compensation Adjustments,” “Retirement Benefits,” and “Medical Insurance”;
and,
Council adopted RESOLUTION NO. 2002-320, authorizing paying and reporting
the value of the California Public Employees’ Retirement System (CalPERS)
Employer Paid Member Contributions (EPMC) for all local police employees and
all CPOA represented employees; and,
Council adopted RESOLUTION NO. 2002-321, modifying the Management
Compensation and Benefits Plan extending the EPMC benefit to police
management employees, and making minor language changes to bring the Plan
into compliance.
ORDINANCES FOR ADOPTION:
3. AB #16,960 - GRANTING A ZONE CHANGE ON PROPERTY COMMONLY
KNOWN AS FOX MILLER PROPERTY (ZC 00-07)
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-651, amending Section 21.05.030 of the Carlsbad Municipal
Code by an amendment to the Zoning Map to grant a Zone Change, ZC
00-07, from Limited Control and Office to P-MI 0-S, and M-Q on property
generally located on the East and West side of El Camino Real, between
Faraday Avenue and College Boulevard in Local Facilities Management
Zone 5.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
4. AB #16,961 - ESTABLISHING A PRIMA FACIE 35 MILE PER HOUR SPEED LIMIT
UPON A PORTION OF KESTREL DRIVE.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-652 amending Title IO, Chapter 10.44, of the Carlsbad Municipal
Code by the revision of Section 10.44.530 to establish upon Kestrel Drive
a Prima Facie 35 miler per hour speed limit from Batiquitos Drive to its
intersection with Aviara Parkway.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
PUBLIC COMMENT:
Michele Levy, 3021 Highland Avenue, spoke regarding her concerns for code violations
at 301 6 Highland Avenue.
Thomas R. Armstrong, P.O. Box 460724, Escondido, submitted and read his
correspondence into the record dated November 5, 2002 regarding his lawsuit against
the City (on file in the City Clerk’s Office).
November 5,2002 Carlsbad City Council Page 3
In response to Council, Ron Ball, City Attorney, said that the court dismissed the lawsuit
and the decision to dismiss has been appealed by Mr. Armstrong.
PUBLIC HEARINGS:
5. AB #16,958 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING AND
APPROPRIATION OF FUNDS.
Lynn Diamond, Senior Management Analyst, presented the staff report.
Mayor Lewis opened the duly notice public hearing at 6:16 p.m. and asked if anyone
wished to address Council. No one asked to be heard, so Mayor Lewis closed the
public hearing at 6:16 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2002-322, accepting specific projects for funding under the
Department of Justice Local Law Enforcement Block Grant Funding.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
6. AB #16,959 - ARCO AM/PM AT TAMARACK CUP 01-19N 02-03
Christer Westman, Senior Planner, presented the staff report. In response to Council,
he said that the soils reports states that there is some soil contamination and remedial
earthwork would be done on the site. He said that the proposed car wash hours of
operation on the site would be between the hours of 7:30 a.m. and 9:00 p.m.
Mr. Westman explained to Council that at this time, the applicant has not filed a specific
lighting plan. He said typically there are conditions that require a lighting plan be
reviewed prior to the installation of any lights. This would guarantee the Planning
Department the ability to review the proposed lighting and ensure that the lights are
shielded properly so that the adjoining residential neighborhoods are not impacted.
Mayor Lewis opened the duly noticed public hearing at 6:20 p.m. and asked if anyone
would like to address Council on this matter.
Leslie Burnside, 9089 Clairemont Mesa Boulevard, San Diego, applicant, spoke in
support of the project.
Craig Yamasaki, 4 Centerpointe, La Palma, California, representing ARCO, described
their policy regarding graffiti and that it will be removed within 24 hours. He said that in
response to the neighbors’ concerns, the ARCO station would not sell alcohol at this
site.
Council Member Nygaard expressed concern for the tall wall height. Mr. Yamasaki said
that the wall could be softened with plant material treatments, etc. He said that his
representatives would work with staff to address this concern. Council Member Nygaard
said she would like to see palm trees against the wall.
November 5,2002 Carlsbad City Council Page 4
Robert Shipley, said he is the legal representative for Francisco Batista, a resident of
Carlsbad. Mr. Shipley said that Mr. Batista has children who attend Jefferson
Elementary School. Mr. Shipley said that Mr. Stanley Prowse, who also represents Mr.
Batista, had mailed correspondence to Council (not on file in the City Clerk’s Office)
asking Council to deny the Conditional Use Permit based on five issues. (1) There is a
already a full service supermarket on the other side of the freeway and there are three
gas stations at the interchange. (2) This project is not part of a freeway service facility
and should not qualify for a Conditional Use Permit. (3) The project can not be
appropriately grandfathered because of the qualitative difference between what existed
before and what is being proposed. (4) Concerns with the average daily trips and the
overburdening of the infrastructure in that area; and, (5) safety risks to children
especially at the beginning and end of the school day. Mr. Shipley asked Council to
deny the Conditional Use Permit request for the reasons stated.
Alicia Lafferty, 81 5 Tamarack Avenue, submitted and reviewed correspondence (on file
in the City Clerk’s Office) opposing the project.
Gregory Herman, 71 0 Anchor Way, said there is currently traffic congestion in the area
of the proposed project and this project will increase traffic. He expressed concern that
emergency vehicles will have difficulty going through the area, if a gas station is located
at this site. Mr. Herman expressed concern that the children at Jefferson Elementary
will leave the campus to purchase candy at the gas station. He noted there is only one
crossing guard for all of Jefferson Elementary. Mr. Herman suggested that the project
site be turned into a parking lot.
In response to Council, Craig Yamasaki, said that ARC0 is sensitive to the fact that a
school is across the street and will take measures to create a safe environment on the
project site.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7:45
p.m.
In response to Council, Jeremy Riddle, Associate Engineer, described the classification
for Tamarack Avenue.
In response to Council, Mr. Westman said that staff performed an initial study analysis
including a soils report, traffic report, etc. He said the environmental analysis was done
in 2002.
In response to Council, Mr. Riddle said the contaminated soil would be removed to an
approved site. He said that City Staff and Staff from the County Health Department
would inspect the site.
In response to Council, Mr. Westman said that a General Plan update was done in
1993194 and the current zoning on the site is neighborhood commercial.
Council Member Nygaard asked what other uses could be placed on this site. Mr.
Westman said that a variety of neighborhood commercial uses could be placed on this
site such as retail food services, dry cleaning, etc.
November 5,2002 Carlsbad City Council Page 5
Ron Ball, City Attorney, said the General Plan and zoning need to be harmonious and
that the CUP, before Council this evening, needs to be consistent with both documents.
Bill Darnell, 1446 Fruit Street, Suite 300, San Diego, replied to Council and described
peak hours of the proposed project. He said that this project would not create a difficult
traffic situation.
Mr. Westman replied to Council and said that the Planning Director will have final
approval of the project’s landscaping.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing
at 7:OO p.m.
Ron Ball, City Attorney, said that if Council desires to approve this project, the
resolution should be referred back to staff to make the appropriate findings to impose
no alcohol sales. He said that staff would return at a future Council meeting with the
revised resolution.
Mr. Ball explained that the condition not to allow alcohol sales would run with the land.
It is deed restrictive in the sense that the condition would be recorded against the
property.
Council Member Hall said he could support this project with the restriction of no alcohol
sales.
Council Member Nygaard concurred and said the tall wall needs to be carefully addressed because of its mass and said she would like palm trees planted along the
wall. She asked if Council could have a report in one year regarding how the project
has co-existed with the school.
Council Member Finnila explained how the State Coastal Commission affects this
property. Council Member Finnila said that the proposed gas station is not the most
appropriate use for this property because of its proximity to the elementary school.
Council Member Finnila said that she could not support this project.
Mayor Pro Tem Kulchin said she could support the project with the condition that
alcohol sales will not be allowed.
Mayor Lewis spoke in support of the project.
In response to Council, Ron Ball, City Attorney, explained that there is a standard
condition in the CUP that allows the CUP to be reviewed. He said violations or needed
amendments would be subject to the public hearing process.
Council Member Hall noted that Conditions 13, 14 and 15 in Planning Commission
Resolution No. 5222 address concerns regarding the review of the CUP.
Ron Ball, City Attorney, read correspondence into the record received today and
addressed to the Planning Commission from Carol Van Vooren, Principal at Jefferson
November 5,2002 Carlsbad City Council Page 6
Elementary School regarding her opposition to this project (on file in the City Clerk’s
Off ice).
ACTION: On a motion by Mayor Pro Tem Kulchin, Council directed staff to return
with a resolution adopting a Negative Declaration and approving a
Conditional Use Permit and Variance to allow the development of a gas
station, market and car wash on property generally located at the
northeast corner of Tamarack Avenue and Jefferson Street in Local
Facilities Management Zone 1 , with the condition that no alcohol sales will
occur on site; and,
That the applicant shall take special care in constructing a six-foot high
graffiti resistant wall at the location and design as approved by the
Planning Director; and,
That the applicant shall plant and maintain suitable planting material to
soften the appearance of the required wall; and,
That this conditional use permit shall be reviewed by the Planning Director
annually after the commencement of operations to determine if all
conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or to the public
health and welfare. If the Planning Director determines that the use has
substantial negative effects, the Planning Director shall report this fact to
the City Council.
AYES: Lewis, Kulchin, Nygaard, and Hall.
NOES: Finnila.
Ron Ball, City Attorney, said he would return to Council on November 19, 2002 with an
appropriate resolution reflecting Council’s direction.
Mayor Lewis declared a recess at 7:20 p.m. Council reconvened at 7:26 p.m. with all
Council Members present.
DEPARTMENT AND CITY MANAGER REPORT:
DEPARTMENT AND CITY MANAGER REPORT:
7. AB #16,962 - REPORT FROM THE CITIZENS’ COMMITTEE TO STUDY COUNCIL POLICY
NO. 43 REGARDING EXCESS DWELLING UNITS.
Mario Monroy, Committee Chair, reviewed the staff report and a report entitled,
“Citizens’ Committee to Study Council Policy 43 and Excess Dwelling Units” (on file in
the City Clerk’s Office). He explained how the Committee arrived at their
recommendation to keep 3,600 units in the Excess Dwelling Unit Bank for city-wide use.
November 5,2002 Carlsbad City Council Page 7
In response to Council, Michael Holzmiller, Planning Director, explained that staffs
original proposal was to return approximately 2,000 excess dwelling units into the bank.
If they were approved, there would not be the need to allocate those units to the
quadrant. He said if Council proceeds with the Committee’s recommendation to keep
3,600 units in the bank, then the units would need to be allocated by quadrant so as not
to exceed Proposition E limitations.
Mayor Lewis expressed concern that if too many excess dwelling units are in the bank,
there is the propensity for increased density. Mayor Lewis said he could support 2,800
excess dwelling units in the bank.
Ron Ball, City Attorney, reviewed Assembly Bill No. 2292, which will become effective
on January 1, 2003 (on file in the City Clerk’s Office).
Dennis Tuner, Principal Planner, discussed regional shares issues. He also explained
the procedure of certifying the Housing Element.
In response to Council, Mr. Ball explained that nothing in the law states that SANDAG
or the State of California can rezone property with the City limits of Carlsbad. However,
there are consequences if Carlsbad’s Housing Element is not certified.
Council discussion ensued regarding the appropriate number of units to maintain in the
excess dwelling unit bank. Council Member Finnila said that the balance in the bank
should remain at 3,600 in order to retain flexibility. She said that she could not support
reducing the balance to 2,800 units.
Mayor Pro Tern Kulchin said she could support a balance of 2,800 units. Council
Member Nygaard and Council Member Hall concurred.
Mr. Ball recommended that tonight Council accept the report and direct staff to return to
Council on December 3, 2002 with the appropriate documentation to memorialize
Council’s intent.
Council concurred.
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Wednesday, November 6,2002 - 3 p.m.
Chamber of Commerce Teacher Grant AwarddStudent Recognition Event
Carlsbad City Library
1775 Dove Lane
Carlsbad, California
November 5,2002 Carlsbad City Council Page 8
ANNOUNCEMENTS: (Continued)
Sunday, November 10,2002 - 4:30 p.m.
GIA Tower of Brilliance Dedication Event
Gemological Institute of America
5345 Armada Drive
Carlsbad, California
COUNCIL REPORTS AND COMMENTS:
Council Member Hall expressed appreciation to all those who voted today.
Mayor Lewis said he attended a San Diego County Water Authority workshop regarding
land use and desalination. Mayor Lewis said he reemphasized Council's position
regarding land use and that the City of Carlsbad is the lead agency. Mayor Lewis said
he explained that there is a concept of compromise that could be brought about but
only according to the guidelines approved by Council. Mayor Lewis said that staff
would be meeting with the County Water Authority on November 7'h.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of November 5, 2002 was adjourned at 8:25
p.m.
JANICE BREITENFELD
Deputy City Clerk