HomeMy WebLinkAbout2002-11-19; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: NOVEMBER 19,2002
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 City Clerk, as follows:
Present: Lewis, Kulchin, Finnila, Nygaard and Hall.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Nygaard led the Pledge of Allegiance.
ANNOUNCEMENTS:
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Wednesday, November 20,2002 - 11 a.m.
Carlsbad City Council Study Session
Faraday Center
1635 Faraday Avenue
Carlsbad, California
Saturday, November 23,2002 - 6 p.m.
Carlsbad Company Stores Holiday Tree Lighting Event
5620 Paseo Del Norte
Carlsbad, California
PRESENTATION:
Council Member Finnila presented checks to the following elementary schools in Carlsbad
that supported the Artsplash Program on September 28 and 29,2002: Aviara Oaks
Elementary School, La Costa Meadows Elementary School, Kelly Elementary School, and,
Pacific Rim Elementary School.
November 19,2002 Carlsbad City Council Meeting Page 2
PROCLAMATION:
Mayor Lewis presented Delene Schutte Stromberg with a proclamation in honor of her
being a member of a Carlsbad founding family.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items #I through #6, with Council Member
Finnila voting “NO” on Item #5, 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 #16,975 - FINAL MAP FOR CARLSBAD TRACT CT 98-16 WORTHING
SUBDIVISION.
Council adopted RESOLUTION NO. 2002-335, approving the Final Map for Carlsbad
Tract 98-16, Worthing Subdivision, and authorizing the City Clerk to process the map
for recording.
2. AB #16,976 -AMENDING THE BUDGET TO ADD A DIVISION CHIEF POSITION IN
THE FIRE DEPARTMENT.
Council adopted RESOLUTION NO. 2002-336, amending the FY 02-03 budget to
add a division chief position in the Fire Department.
3. AB #16,977 - REIMBURSEMENT AGREEMENT WITH REAL ESTATE COLLATERAL
MANAGEMENT COMPANY FOR CONSTRUCTION WITHIN THE RANCHO SANTA FE
ROAD REALIGNMENT AND WIDENING PROJECT.
Council adopted RESOLUTION NO. 2002-337, approving and authorizing execution
of agreement for construction costs for a portion of Rancho Santa Fe Road
realignment and widening, Phase 1, Project No. 3190, with Real Estate Collateral
Management Company.
4. AB #16,978 - REIMBURSEMENT AGREEMENT WITH MAG PROPERTIES FOR
CONSTRUCTION WITHIN THE RANCHO SANTA FE ROAD REALIGNMENT AND
WIDENING PROJECT.
Council adopted RESOLUTION NO. 2002-338, approving and authorizing execution
of agreement for construction costs for a portion of Rancho Santa Fe Road
realignment and widening, Phase 1, Project No. 31 90, with MAG Properties.
November 19,2002 Carlsbad City Council Meeting Page 3
CONSENT CALENDAR (continued):
5. AB #I 6,979 - ARC0 AM/PM AT TAMARACK CUP 01-1 91 V 02-03.
Council adopted RESOLUTION NO. 2002-323 as amended, adopting a Negative
Declaration and Addendum, and approving Conditional Use Permit CUP 01-19 and
Variance V 02-03
6. AB #16,980 - REPORTING OUT THE TERMS AND CONDITIONS OF SETTLEMENT
AS REQUIRED BY THE BROWN ACT.
Council reported out the terms and conditions of the settlement as required by the
Brown Act in Czvik V City of Carlsbad GIN014900.
ORDINANCE FOR ADOPTION:
7. AB #16.981 -VILLAGES OF LA COSTA MASTER PLAN MP 98-01 (A).
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-653, Approving an Amendment to the Villages of La Costa
Master Plan, MP 98-01, To Transfer Two Dwelling Units From
Neighborhood 3.15 to Neighborhood 3.13.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
PUBLIC COMMENTS:
Michele Levy, 3021 Highland Avenue, expressed concern for ossible code violations at
3016 Highland Avenue. She noted that at their November 20 meeting, the Planning
Commission would hear the request for a Conditional Use Permit at 3016 Highland Avenue.
She encouraged everyone to attend the meeting.
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Thomas R. Armstrong, P.O. Box 460724, Escondido, submitted and reviewed his written
comments regarding his lawsuit against the City (on file in the City Clerk’s Office).
In response to Mayor Lewis, Ron Ball, City Attorney, said at their meeting tomorrow the
Planning Commission would consider the application for a CUP for a private school at 3016
Highland Avenue.
In further response to Mayor Lewis, Mr. Ball said that in the case of Annstrong v. City of
Carlsbad, et a/, the judge granted the city’s motion for a summary judgment and dismissed
the case. Mr. Ball said that Mr. Armstrong is appealing the decision.
November 19,2002 Carlsbad City Council Meeting Page 4
PUBLIC HEARINGS:
8. AB #16,982 - CHEVRON POINSETTIA VILLAGE CUP 99-15(a)
Mayor Lewis asked if the mobile home park residents were included in the notification of
this public hearing. Mayor Lewis said that if the residents of the Lakeshore Gardens Mobile
Home Park were not notified, he would like to continue this public hearing.
Barbara Kennedy, Associate Planner, said the noticing requirements for an amendment to
a Conditional Use Permit, are to notify property owners within a 600-foot radius of the
project. As a result, renters who live in the Lakeshore Gardens Mobile Home Park were not
notified of this public hearing.
Council concurred that this public hearing should be continued so that all residents in
Lakeshore Gardens Mobile Home Park can be notified in addition to the noticing
requirements.
Mayor Lewis opened the duly notice public hearing at 6:27 p.m.
Ragini Narain, P.O. Box 1918, Rancho Santa Fe, the applicant, spoke in support of the
request for a Conditional Use Permit.
Ron Ball, City Attorney, said that staff will reschedule this public hearing for a future Council
meeting and that all residents of Lakeshore Gardens Mobile Home Park, as well as all
property owners within a 600-foot radius of the Chevron Car Wash, would receive a notice.
Council concurred with Mr. Ball’s comments.
9. AB #16,983 - CALAVERA HILLS VILLAGE K (CT 01-02/PUD 01-05)
Eric Munoz, Senior Planner, presented the staff report.
In response to Council Member Finnila, Mr. Munoz said that the proposal is for the
recreation areas to be shared among single-family developments.
Council Member Finnila asked if anything could be done regarding the configuration of the
right angle of the road.
Frank Jimeno, Associate Engineer, said that staff is working on trying to reduce the right
turn effect and design the right angle road as a curve to reduce the radius. He said that
signs would be posted on both ends of the road to warn drivers.
In response to Mayor Pro Tem Kulchin, Mr. Munoz briefly described the Calavera Hills
Master Plan
Mayor Lewis opened the duly noticed public hearing at 6:37 p.m. and asked if anyone
wished to speak on this matter in any way.
November 19,2002 Carlsbad City Council Meeting Page 5
Brian Milich, Corky McMillin Companies, (the applicant) 2727 Hoover Avenue, National City,
spoke in support of the project. In response to Council, he said that they are in the process
of addressing elevations, which will be approved by the Planning Director.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at
6:40 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council Adopted
RESOLUTION NO. 2002-340, Adopting a Negative Declaration and
Approving a Tentative Tract Map and Planned Unit Development for
the Calavera Hills Village K Single-Family Project, Located Northwest of the Intersection of College Boulevard and Carlsbad Village Drive, in
the Northeast Quadrant.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
IO. AB #16,984 -APPEAL OF TAMARACK MANOR VARIANCE -V 01-03
Mike Grim, Senior Planner, presented the staff report and made a Power Point presentation
(on file in the City Clerk’s Office). In response to Council, he said that a new law stating
that a city can not require a discretionary permit for a secondary unit would become
effective on January 1,2003.
Mayor Lewis opened the duly noticed public hearing at 6:47 p.m. and asked if anyone
wished to speak on this matter in any way.
Jeff Schmoll, 3890 Margaret Way, the applicant, spoke in support of his appeal. Mr.
Schmoll said in the conversations he has had with City staff, he was never told that the
granny flat might need to be removed, if a complaint were filed.
In response to Council, Pat Kelley, Principal Building Inspector, said that a complaint
regarding the granny flat had been filed. Mr. Kelly explained the “Notice of Violation’’
procedure. He said if Mr. Schmoll desired to remodel his main residence and a Notice of
Violation were on the property title, building permits could not be issued on the property.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at
7:OO p.m.
Mayor Lewis noted that this is not the only property in the Northwest Quadrant that has
code violations. He noted that the granny flat on this property has been in existence for over
30 years. Mayor Lewis said that he supported filing a Notice of Violation on the property
with the condition that the property be brought into compliance prior to transfer of
ownership.
Council Member Finnila explained the purpose of a variance.
Ron Ball, City Attorney, explained the function of a Notice of Violation.
November 19,2002 Carlsbad City Council Meeting Page 6
Mr. Kelley said that if a Notice of Violation were filed, an investigation into the health and
safety standards on the property would need to be completed. Mr. Schmoll said that he
invited inspection officials to investigate the health and safety standards on his property at
any time.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2002-341 , Upholding a Planning Commission
Decision to Deny a Side and Rear Yard Setback and Building
Separation Variance for Property Generally Located at the Northeast
Corner of Tamarack Avenue and Margaret Way, in the Northwest
Quadrant; and,
That staff is directed to record a Notice of Violation on the property,
with the condition that the code violation shall be corrected prior to the
transfer of title on the property.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
Mayor Lewis declared a recess at 7:12 p.m. Council reconvened at 7:17 p.m. with all
Members present.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND
CARLSBAD MUNICIPAL WATER DISTRICT MEETING
Mayor Lewis adjourned the City Council Meeting at 7:17 p.m. to the Joint Special Meeting
of the City Council and Carlsbad Municipal Water District Meeting with all Members present.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT MEETING
Mayor/President Lewis adjourned the Joint Special Meeting at 7:28 p.m. to the Special
Meeting of the Carlsbad Municipal Water District with all Members present.
RECONVENE CITY COUNCIL MEETING
President Lewis adjourned the Special Meeting at 7:29 p.m. to the remainder of the City
Council Meeting at 7:29 p.m. with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB # 16,985 -COMMUNITY ACTIVITY GRANTS PROGRAM 2002-03 FUNDING
RECOMMENDATION.
Cheryl Gerhardt, Senior Accountant, presented the staff report. She also made a Power
Point presentation (on file in the City Clerk’s Office).
November 19,2002 Carlsbad City Council Meeting Page 7
Mayor Lewis suggested that the Carlsbad Village Business Association apply next year for
a Community Activity Grant. Mayor Lewis said he would like Council to allocate funds from
the Council Contingency Fund to the Carlsbad Village Business Association.
Council Member Finnila expressed concern that there has been no documentation
presented to Council as to how funds given to the Carlsbad Village Business Association
would be spent. She said before funds are allocated to the Carlsbad Village Business
Association, she would like to see their goals and plans for the funds.
Ray Patchett, City Manager, suggested that staff would return with a future agenda item to
discuss the issue of allocating funds from the Council Contingency Fund to the Carlsbad
Village Business Association. Council concurred with Mr. Patchett’s suggestion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2002-342, accepting the recommendation of the
Community Activity Grant Citizen Review Committee and Allocating
Funds to the Organizations Identified.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
13. AB #16,986 - U.S. ARMY CORPS OF ENGINEERS SECTION 227 PROGRAM.
Steve Jantz, Associate Engineer, presented the staff report. He also made a Power Point
presentation (on file in the City Clerk’s Office).
Bill Carroll, 2315 Rue des Chateaux, representing the Beach Erosion Committee, reviewed
correspondence from the Beach Erosion Committee to the City Council dated November
19, 2002 (on file in the City Clerk’s Office). Mr. Carroll said that the Beach Erosion
Committee recommends that the Council authorize staff to submit a proposed sand
retention concept to the U.S. Army Corps of Engineers, pursuant to the provisions of the
National Shoreline Erosion Control Development and Demonstration program, Section 227.
In response to Mayor Pro Tem Kulchin, Mr. Jantz said that the Program would include an
active monitoring element.
In response to Council Member Finnila, Ron Ball, City Attorney explained that the city’s
liability would not be a concern.
In response to Council Member Finnila, Mr. Jantz said that there is no commitment to
Council, until Council executes the contract.
Mayor Pro Tem Kulchin spoke in support of the Beach Erosion Committee’s
recommendation. Council Member Hall and Council Member Nygaard concurred.
Council Member Finnila said she would like rescission language added to the contract to
allow the City of Carlsbad’s withdrawal and also language stating that the City of Carlsbad
will not be held liable in any way.
November 19,2002 Carlsbad City Council Meeting Page 8
14.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council authorized staff to
submit a proposed sand retention concept to the U.S. Army Corps of
Engineers, pursuant to the provisions of the National Shoreline Erosion
Control Development and Demonstration program, Section 227; and,
that rescission language be added to the contract to allow the City of
Carlsbad’s withdrawal from the program and that language also be
added to not hold the City of Carlsbad liable in any way.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall. - NOES: None.
AB #16,953 -APPEAL OF DECISION TO DENY PCD 01-05 - RANCHO CARRILLO
VILLAGE “T”.
Van Lynch, Senior Planner, presented the staff report. He displayed a page from the
Rancho Carrillo Master Plan showing the locations of the community facility sites within the
master plan. Mr. Lynch said that today’s definition of “community facilities” would not
include the R.V. storage, elementary school or city park. The only facilities that could be
defined as community facilities are the community facility building and the pool facility.
Mr. Lynch said that the Rancho Carrillo Master Plan stipulates that if Village T is not utilized
as a community service facility within three years of the commencement of grading of the
right-of-way for El Fuerte Street or Rancho Pancho, then the Village T site shall revert back
to its underlying designation of Residential-Medium. Mr. Lynch said the reversion would be
granted upon the applicant showing that they have been unsuccessful in their good-faith
efforts to market the site to a community facility type use during the three-year period.
Mr. Lynch said in September, 2000, the Planning Commission heard the first request of the
applicant to allow the property to revert designation and determined that the applicant had
not made a good faith effort. In August, 2002, the applicant again requested the
determination and the Planning Commission again determined that a good-faith effort had
not been made. Mr. Lynch said that this agenda item is the applicant’s appeal to the City
Council of the Planning commission’s latest action.
In response to Mayor Pro Tem Kulchin, Mr. Lynch said that at the August, 2002 Planning
Commission meeting, the Commission made a minute motion to bring forward to Council a
Resolution of Intent to amend the Rancho Carrillo Master Plan. He said the amendment
would be coming to Council in the future. Mr. Lynch explained that the Resolution of
Intention is an amendment allowed, pursuant to the Master Plan as well as the City’s PC
zoning, to allow staff to update master plans in order to bring the master plans into
conformance with current ordinances. Mr. Lynch explained that since the Rancho Carrillo
Master Plan was adopted, staff has brought forward a new community facilities zone, with
requirements for master plans to provide community facilities and identifies certain criteria
for compliance.
November 19,2002 Carlsbad City Council Meeting Page 9
In response to Council Member Finnila, Mr. Lynch said that staff has the ability to update a
master plan, pursuant to the code and language in the master plan. If a large revision to
the master plan were required, staff would also have the opportunity to update the master
plan. However, Mr. Lynch said that staff does not foresee the Rancho Carrillo Master Plan
being revised in any manner. However, if Council determines the need to update the
Rancho Carrillo Master Plan, Mr. Lynch said that Council could direct staff to do so. At that
time, staff would be able to modify Village T.
In response to Council Member Hall, Mr. Lynch explained that new master plans are
required to comply with the new ordinance, which requires two acres minimum plus one
percent of the net developable area of the master plan to be providing a community
facilities service site.
In response to Mayor Lewis, Mr. Lynch said that Poinsettia Avenue would be improved with
the Villages of La Costa Greens Project as well as with the Bressi Ranch Project.
David Watson, 600 West Broadway, San Diego, stated he is the attorney representing the
applicant, Horton-Continental. He described their good-faith marketing efforts to locate a
community facility use on Village T. Mr. Watson explained that through their marketing
efforts, they have been told that the acreage on site of Village T is too small and unsuitable
for a community facility use. Mr. Watson noted that there is currently a day-care center in
the Village T area that has a 20-year exclusivity clause in its agreement. Mr. Watson asked
that Council support their appeal and allow the Village T site to revert to the underlying
residential-medium land use designation.
Council.Member Hall said he could support the Planning Commission’s decision.
Council Member Nygaard concurred and said that Village Twill become more marketable in
the future upon the completion of Poinsettia Lane.
Council Member Finnila spoke of the need for a community facility on Village T and said
she would like to continue the community facility designation on Village T until the entire
Rancho Carrillo Master Plan has been completed.
Mayor Pro Tem Kulchin said she could support the Planning Commission’s decision.
In response to Council, Mr. Lynch said that Resolution of Intention (Resolution No. 2002-
348), would be presented to Council on December !jth. Mr. Lynch said at a future public
hearing, Council could direct staff to work on the Resolution of Intention to amend the
master plan and give staff direction regarding the length of time Council would like Village T
to remain a community facility site.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2002-318, Upholding a Planning Commission
Decision to Deny a Planning Commission Determination to Allow
Village TI a Community Service Facility Site, Within the Rancho Carrillo
Master Plan to Revert to the Underlying Residential-Medium Land Use
Designation on Property Generally Located on the North East Corner of
November 19,2002 Carlsbad City Council Meeting Page 10
El Fuerte and Rancho Pancho in Local Facilities Management Zone 18;
and,
That this issue of regarding the length of time Council would like Village
T to remain a community facility site shall be discussed at the Public
Hearing when the amendment to the Rancho Carrillo Master Plan is
heard by Council.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
COUNCIL REPORTS AND COMMENTS:
Council Member Hall said that during the past weekend, he and Mayor Pro Tem Kulchin
attended a Chamber of Commerce Retreat.
Council Member Nygaard said that NCTD has an agreement with the City of Encinitas for a
Coaster passing track.
Council Member Nygaard said the 1-5/78 Double Lane Project is finished and open.
Mayor Lewis asked if CalTrans is following the City of Carlsbad’s recommended landscape
plan along 1-5.
Mayor Lewis said a discussion was held at the San Diego County Water Authority regarding
the desalination facility. Mayor Lewis said he reiterated the City of Carlsbad’s position.
Mayor Lewis asked staff to give a presentation to the San Diego County Water Authority to
explain why the City of Carlsbad should be the lead agency, the importance of using Merkle
& Associates, and the City’s liability.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By pro er motion, the Regular Meeting of November 19, 2002, was adjourned at 8:35 p.m. R
Janice Breitenfeld
Deputy City Clerk