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HomeMy WebLinkAbout2002-12-03; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 3,2002 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. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, Minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting of October 8, 2002 Minutes of the Regular Meeting of October 8, 2002 Minutes of the Joint Special Meeting of October 8, 2002 PRESENTATIONS: Council and several individuals presented Council Member Nygaard with proclamations in recognition of her 12 years of service to the citizens of Carlsbad and the regional community. Tracy Carmichael introduced the Carlsbad Pop Warner Jr. Pee Wee Charging Lancer Cheerleaders. She announced that they recently took First Place in the Palomar Conference, took Second Place at the Wescon Regional Championship, and have qualified to go to the National Championship in Orlando, Florida on December 12'h. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #8, as follows: AYES: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. December 3,2002 CARLSBAD CITY COUNCIL MEETING Page 2 CONSENT CALENDAR (CONTINUED) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB # 16,988 - REPORT ON CITY INVESTMENTS AS OF OCTOBER 31,2002. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of October 31 , 2002. 2. AB #16,989 - REPORTING OUT THE TERMS AND CONDITIONS OF THE SETTLEMENT AS REQUIRED BY THE BROWN ACT. Council accepted the report of the terms and conditions of the settlement as required by the Brown Act in La Costa Citizens for Better City Planning v. City of Carlsbad, Case No. GIN022746. 3. AB #16,990 -APPROVAL OF THE FINAL MAP FOR CT 99-1 0, AVIARA POINTE, AND AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR RECORDATION. Council adopted RESOLUTION NO. 2002-344, approving the final map for CT 99-1 0, Aviara Pointe, and authorizing the City Clerk to process the map for recordation. 4. AB #16,991 -APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF THE 2003 STREET SEALING Council adopted RESOLUTION NO. 2002-345, approving plans and specifications and authorizing the City Clerk to advertise for bids for the 2003 Street Sealing Project. PROJECT, PROJECT NO. 3667-6. 5. AB #16.992 -APPROVAL OF ADDITIONAL APPROPRIATION FOR THE CONSTRUCTION CONTRACT CONTINGENCY AND CONSULTANT SERVICE AGREEMENT FOR CARRILLO RANCH PHASE II. Council adopted RESOLUTION NO. 2002-346, authorizing an additional appropriation from the Public Facility Fee account to increase the construction contract contingency and consultant professional service agreement amounts, to Simon Wong Engineering, Inc., and KTU+A, to complete Project 34561-2, Carrillo Ranch Phase II. 6. AB #16,993 - INDEPENDENT CONSULTANT REVIEW OF WIRELESS COMMUNICATION FACILITIES. Council adopted RESOLUTION NO. 2002-347, directing staff to prepare amendments to (1) Council Policy 64 on Wireless Communication Facilities to incorporate provisions for third party review, and (2) the City’s fee schedule establishing a mechanism to pay third party review fees and the related city administrative expenses. 7. AB #16,994 -A RESOLUTION OF INTENTION TO AMEND THE RANCHO CARRILLO MASTER PLAN. Council adopted RESOLUTION NO. 2002-348, to initiate an amendment to the Rancho Carrillo Master Plan to preserve Village T as a community facilities site. December 3,2002 CARLSBAD CITY COUNCIL MEETING Page 3 CONSENT CALENDAR (CONTINUED) 8. AB #16,995 -AGREEMENT WITH CALAVERA HILLS II, LLC, FOR ACQUISITION, CONSTRUCTION, AND FINANCING OF IMPROVEMENTS TO CANNON ROAD EAST AND COLLEGE BOULEVARD AND TO MASTER DRAINAGE PLAN FACILITIES. Council adopted RESOLUTION NO. 2002-349, approving an agreement with Calavera Hills II, a California Limited Liability Company, for acquisition, construction, and financing of improvements to Cannon Road East and College Boulevard and to Master Drainage Plan Facilities BJB and BJA for Financing District No. 01-02. PUBLIC COMMENT: Michele Levy, 3021 Highland Avenue, spoke against business activities in residential areas because of the resulting increased traffic. Ms. Levy also expressed congratulations to Council Member Nygaard on her retirement. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB # 16,996 - EXCESS DWELLING UNIT BANK-REVISED COUNCIL POLICY 43. Dennis Turner, Principal Planner, presented the staff report. Debbie Fountain, Housing and Redevelopment Director, reviewed the affordable housing goals and achievement. She said that adjusting the balance in the excess dwelling unit bank would not impact affordable housing programs in any way. Michael Holzmiller, Planning Director, explained that staff was given direction to determine the number of “probable” units that would be required to fulfill the housing programs. After a thorough study, staff determined that 1,500 excess dwelling units would fulfill the “probable” citywide need for excess dwelling units. Mr. Holzmiller noted that the language in Policy 43 would not prohibit the deposit of additional excess dwelling units into the bank in the future. In response to Council, Ms. Fountain explained the lnclusionary Housing Ordinance. In response to Council, Mr. Turner said that staff has reviewed all of the vacant land within the city limits, examined the development potential, and has determined that a balance of 1,500 excess dwelling units would fulfill the “probable” citywide need for excess dwelling units. David Ricker, 4009 Canario, Project Manager for Community Housing Works, asked Council not to change the balance in the excess dwelling unit bank. Mary Crowley, 333 Chestnut Avenue, President of the League of Women Voters, said they support affordable housing. She asked that Council not change the balance in the excess dwelling unit bank. Makayla Halsell, 723 Paradise Cove Way, Oceanside, spoke of the need for affordable housing and asked Council not to reduce the balance in the excess dwelling unit bank. December 3,2002 CARLSBAD CITY COUNCIL MEETING Page 4 Rosanna Madrid, Director of St. Patrick’s Community Services, said there is a need for affordable housing. She asked Council not to reduce the balance in the excess dwelling unit bank. Sonny Gibson, 840 Camellia, spoke of the need of affordable housing in Carlsbad. She asked Council not to reduce the balance in the excess dwelling unit bank. Ms. Gibson expressed concern that rent will increase if the balance is reduced in the excess dwelling unit bank. Tom Scott, 450 B Street, #I 01 0, San Diego, Executive Director of the San Diego Housing Foundation, said he supported the Citizens’ Committee’s recommendation to not change the balance in the excess dwelling unit bank. Bob Ladwig, 2642 Ocean Street, said that in order to allow flexibility in the future, the balance in the excess dwelling unit bank should not be changed. He suggested that additional language is added to Policy 43 to ensure that higher densities do not impact existing residents. Sara Gonzalez, 3515 Roosevelt Street, #G, asked that Council not reduce the balance in the excess dwelling unit bank. She said there is a need for affordable housing in Carlsbad. Socorro Anderson, 3222 Roosevelt Street, a member of St. Patrick’s Ministry, spoke of the need for affordable housing. She asked that Council not reduce the balance in the excess dwelling unit bank. Ms. Anderson expressed concern that the city’s public opinion survey did not include low and moderate-income residents. She said the question of reducing the balance in the excess dwelling unit bank should be placed on the ballot. Arthur Serrin, 4423 Salisbury Drive, spoke of the need for affordable housing, especially for seniors. He asked Council not to change the balance in the excess dwelling unit bank. Juana Rodriguez, 2840 Madison Street, spoke of the need for low-income housing. Martha Kohnke, P.O. Box 23024, Encinitas, spoke of the need for low-income housing. She also spoke of the need for adequate parking for apartment residents. Gordon Archibald, 6757 Trieste Court, asked Council not to reduce the balance in the excess dwelling unit bank. Sandy Rodriguez, 3969 Adams Street, asked Council not to reduce the balance in the excess dwelling unit bank. Mary Fischer, 5228 Don Valdez, spoke of the need for affordable housing and asked Council not to reduce the balance in the excess dwelling unit bank. In response to Mayor Lewis, Debbie Fountain, Housing and Redevelopment Director, explained that in the Section 8 Rental Assistance Program, candidates are issued vouchers and then apply for housing in the open market. Property managers and/or owners then run credit checks, which is not regulated by the city. December 3,2002 CARLSBAD CITY COUNCIL MEETING Page 5 In response to Mayor Pro Tem Kulchin, Ms. Fountain said that staff is currently working on a program to make housing available for seniors to purchase. She said this issue would be presented to Council in the future. Ms. Fountain explained that the rental assistance program is available for very low-income households. Ms. Fountain explained that simply because there is a balance in the excess dwelling unit bank, doesn’t make a proposed housing product affordable. She noted that not all of the excess dwelling units would be used for affordable housing. Council and Ms. Fountain discussed issues regarding the definition of moderate income, moderately priced housing, and the need for townhomes and condominiums. Ms. Fountain also discussed housing subsidy for rental property. Mayor Lewis explained how he has interpreted the term “Smart Growth”. He said that he is willing to put the question to the voters whether they would like the balance of the excess dwelling units to be decreased. However, Mayor Lewis noted that the people who have approached him have indicated their support to reduce the balance in the excess dwelling unit bank because they want to avoid increased density. Mayor Lewis said that he supports reducing the balance in the excess dwelling unit bank to 2,800 units and noted that future Councils will be able to increase the balance if necessary. Council Member Hall noted that the excess dwelling unit bank is not a mandate for affordable housing. He explained that the Council supports all affordable housing programs. Council Member Hall explained that many people want growth frozen and Council is trying to avoid Carlsbad from being as densely crowded as Los Angeles. He spoke in support of reducing the balance to 2,800 units in the excess dwelling unit bank. Council Member Nygaard concurred that the excess dwelling unit bank balance should be reduced to 2,800 units. Council Member Finnila disagreed and said that reducing the number of units in the excess dwelling unit bank will not prevent overcrowding in the city. She said that reducing excess dwelling units from the bank doesn’t serve any useful purpose and it will not reduce the city’s build-out population. Council Member Finnila said that a reduction in the balance in the excess dwelling unit bank would remove flexibility. Council Member Finnila spoke against adopting the proposed revision to Policy 43. She stated that she would not support placing the reduction of the excess dwelling unit bank on the ballot and said the balance should not be changed. Mayor Pro Tem Kulchin said that the excess dwelling unit bank balance should be reduced to 2,800 units. Council Member Finnila referred to Page 2 of 2 of Policy No. 43 and noted that the word “Council” should be inserted in between ‘I.. . city” and ‘I.. .and shall be based on the importance.. .”. After discussion, Council concurred to direct staff to return with an amended Council Policy No. 43 to include the insertion of the word “Council” in between “...city” and ‘I.. .and shall be based on the importance.. .” on Page 2 of 2 of Policy 43; and, to include language in Policy 43 that would protect existing residents from impacts caused by increased density. December 3,2002 CARLSBAD CITY COUNCIL MEETING Page 6 Ron Ball, City Attorney, said he would return to Council on December 17, 2002 with an amended Resolution No. 2002-350 and an amended Council Policy No. 43. RECESS: Mayor Lewis declared a recess at 8:40 p.m. Council reconvened at 8:49 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED): IO. AB #16,997 - PRESENTATION BY THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY ON THE AIR TRANSPORTATION ACTION PROGRAM. Ted Anais, Airport Planner, reviewed a Power Point presentation (on file in the City Clerks Off ice). In response to Council, Mr. Anais explained that 21 scenarios for an airport facility would be analyzed. The recommended proposal will be placed on the county wide ballot. In response to Council, Mr. Anais said that the Regional Airport Authority can not override local land use control or local agencies. Council concurred to receive and file the report. No Council action was taken. 11. AB #16,998 - REQUEST TO REMOVE THE MATCHING FUND PROVISION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CARLSBAD BOYS AND GIRLS CLUB. Ron Sipiora, Chief Professional Officer, Boys & Girls Clubs of Carlsbad, P. 0. Box 913 Carlsbad, requested that Council remove the matching requirement placed on the 2002-2003 CDBG grant award. He said with approval of his request, the Club’s board will be able to move immediately forward with essential Village Clubhouse improvements. In response to Council, Debbie Fountain, Housing and Redevelopment Director, explained that the CDBGIHOME Ad Hoc Committee made a recommendation to the City Council to require that all funds provided for facility related projects through the CDBG program have a matching fund requirement. She said this was suggested to ensure that applicants do not rely entirely on the CDBG program to fund their projects. Ms. Fountain said that the Committee recommended that the matching fund requirement be placed on all facility related projects approved in the 2002-2003 CDBG program. She said that the City Council approved this recommendation and it was included in the instructions set forth within the Request for Proposals package distributed for program year 2002-2003. Mayor Pro Tem Kulchin explained that a similar request to eliminate the matching fund element for Join Hands Save a Life had been denied by Council earlier this year. She noted that Council is very supportive of the Boys & Girls Clubs of Carlsbad. Council did not take any action on this item. December 3,2002 CARLSBAD CITY COUNCIL MEETING Page 7 12. AB #16,999 - CARLSBAD ARTS COMMISSION APPOINTMENT ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2002- - 163, Appointing Rita Francis to the Carlsbad Arts Commission. AYES: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following event: Thursday, December 5,2002 - 3:30 p.m. City of Carlsbad Employees' Reception for Council Member Nygaard 1635 Faraday Avenue Carlsbad COUNCIL REPORTS AND COMMENTS: Council Member Nygaard expressed appreciation for the opportunity of working with Council, staff and the community. She expressed appreciation for the earlier ceremonies in her honor. CITY MANAGER COMMENTS: Ray Patchett, City Manager, said he would be in attendance at the December 5th Reception for Council Member Nygaard when staff expresses appreciation for her support. CITY ATTORNEY COMMENTS: Ron Ball, City Attorney, expressed his regrets that he would not be at the December 5'h Reception, and, therefore, he noted that he had expressed his appreciation at the beginning of this meeting. ADJOURNMENT: By proper motion, the Regular Meeting of December 3, 2002, was adjourned at 9:17 p.m. 0 City Clerk Janice Breitenfeld Deputy City Clerk