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HomeMy WebLinkAbout2003-01-21; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: JANUARY 21,2003 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, Finnila, Kulchin, Hall and Packard. Absent: None. LEGISLATIVE INVOCATION: Tony Bonacorso offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. PRESENTATIONS: Mayor Pro Tem Finnila a proclamation from the State of California regarding the City’s Habitat Management Plan. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were unanimously approved, with Council Member Packard abstaining, as presented: Minutes of the Special Meeting of December IO, 2002. CONSENT CALENDAR: Mayor Pro Tem Finnila noted a correction to the agenda and said that action on Item Nos. 3 and 4 is to approve Amendment No. 6 instead of Amendment No. 7. Council concurred. ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #I 1 , as follows, with the correction to Item Nos. 3 and 4 as noted above: AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. January 2 1,2003 Carlsbad City Council Meeting WAIVER OF ORDINANCE TEXT READING: Page 2 Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17,041 -FINAL MAP - CARLSBAD TRACT CT 01-16 - CASA LAGUNA. Council adopted RESOLUTION NO. 2003-014, approving the final map for Carlsbad Tract 01-16, Casa Laguna, and authorizing the City Clerk to process the map for recording. 2. AB #17,042 -APPOINTMENT OF AGENTS TO REPRESENT THE CITY IN PROCESSING DISASTER CLAIMS. Council adopted RESOLUTION NO. 2003-015, authorizing appointments of agents to represent the City in processing of claims, disbursements and agreements related to local emergencies. 3. AB #17,043 -AMENDMENT NO. 6 TO AGREEMENT FOR PIAN CHECKING SERVICES WITH BERRYMAN & HENIGAR. Council adopted RESOLUTION NO. 2003-016, approving Amendment No. 6 to Agreement for Plan Checking Services with Berryman & Henigar. 4. AB #17,044 -AMENDMENT NO. 6 TO AGREEMENT FOR PLAN CHECKING SERVICES WITH PBS&J, INC. Council adopted RESOLUTION NO. 2003-017, approving Amendment No. 6 to Agreement for Plan Checking services with PBS&J, Inc. 5. AB #17,045 -AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH GVP CONSULTANTS. Council adopted RESOLUTION NO. 2003-018, approving Amendment No. 3 to Agreement for Professional Engineering Services with GVP Consultants. 6. AB #17,046 - QUITCLAIM OF EXISTING DRAINAGE EASEMENT ALONG AVIARA PARKWAY SOUTH OF PALOMAR AIRPORT ROAD. Council adopted RESOLUTION NO. 2003-019, quitclaiming the existing drainage easement along Aviara Parkway south of Palomar Airport Road, to Kelly/JRM - Palomar Airport Road I, LLC. 7. AB #17,047 - DEDICATION OF A SEWER EASEMENT TO LEUCADIA COUNTY WATER DISTRICT ON A PORTION OF STAGECOACH PARK. Council adopted RESOLUTION NO. 2003-020, approving the dedication of a sewer easement to Leucadia County Water District on a portion of Stagecoach Park. 8. AB #17.048 -AGREEMENTS TO ACCOMMODATE SEWAGE FLOWS FROM THE PALOMAR FORUM AND CARLSBAD RACEWAY BUSINESS PARKS. Council adopted RESOLUTION NO. 2003-021, approving two agreements to accommodate sewage flows from the Palomar Forum Business Park and Carlsbad Raceway Business Park; CT 98-10 and CT 99-06. January 2 1,2003 Carlsbad City Council Meeting Page 3 9. AB #17,049 -APPLICATION FOR A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES. Council adopted RESOLUTION NO. 2003-022, authorizing the Carlsbad City Library to apply for a grant from the Institute of Museum and Library Services (IMLS). IO. AB #17,050 - AGREEMENT FOR ACQUISITION, CONSTRUCTION AND FINANCING OF IMPROVEMENTS TO POINSETTIA LANE, EL FUERTE STREET AND EL CAMINO REAL INCLUDING SEWER, WATER AND TRAIL FACILITIES. Council adopted RESOLUTION NO. 2003-023, approving an agreement with two developers, Lennar Bressi Ranch Venture LLC, and Real Estate Collateral Management Company, for acquisition, construction and financing of improvements to Poinsettia Lane, El Fuerte Street and El Camino Real, including sewer, water and trail facilities, for Financing District No. 2001-02. 11. AB #17,051 -ACQUISITION AGREEMENT FOR ALGA NORTE COMMUNITY PARK Council adopted RESOLUTION NO. 2003-024, approving an acquisition agreement and joint escrow instructions for Alga Node Community Park. PUBLIC COMMENT: Michele Levy, 3021 Highland Avenue, expressed concern for code violations at 3016 Highland Avenue Don Connors, 921 Begonia Court, distributed a flyer regarding the Friends of Batiquitos Lagoon 2003 Volunteer Training Program (on file in the City Clerk’s Office). He spoke in support of the Program and encouraged the public’s participation in the program. Liz Kruidenier, 3005 Cadencia Street, distributed and reviewed correspondence dated January 21, 2003 regarding the need for shelter and sanitary facilities for Carlsbad migrant farm workers (on file in the City Clerk’s Office). Dianne Nygaard, 5020 Nighthawk Way, Oceanside, concurred with Ms. Kruidenier regarding the need for shelter and sanitary facilities for Carlsbad migrant farm workers. PUBLIC HEARINGS: 12. AB #17,052 - RlVA GARDENS - CT 01-12 Mike Grim, Senior Planner, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s Office). In response to Council, he described the ingress and egress of each lot, noting that this project would eliminate access from Chestnut. Mr. Grim also described the size of the lots on the corner of Chestnut Avenue and Eureka Place. Mayor Lewis opened the duly notice public hearing at 6:30 p.m. and asked if anyone wished to speak on this matter in any way. January 2 1,2003 Carlsbad City Council Meeting Page 4 Alvin and Marie Rose, 1060 Chestnut Avenue, each spoke and said that this project’s wall will be 8 feet from their home and they expressed concern that noise will bounce into their yard. They asked if an attractive wall could be built that would prevent this noise. Seeing no one else wishing to speak on this matter, the Mayor closed the public hearing at 6:32 p.m. Council and staff discussion ensued regarding the fact that the applicant, Joseph Spano, was not present at this meeting. During the discussion, Mr. Spano arrived. Council concurred to reopen the public hearing at 6:35 p.m. Joseph Spano, 2309 Spruce Street, said he is prepared to mitigate the Roses’ concerns regarding noise. In response to Council, Mr. Spano said that the wall could be built from material that prevents sound from being absorbed into the wall. Mr. Spano suggested that a masonry wall with caps be built, instead of a flat wall. In response to Council, Mr. Spano said that prior to pulling permits, he would meet with staff and the Roses to discuss details and to reach a mutual agreement regarding the construction of the wall. Mr. Spano explained that his project would be consistent with the neighborhood. Seeing no one else wishing to address Council, the Mayor closed the public hearing at 6:41 p.m. Council Member Kulchin noted that the Planning Commission approved the panhandle lot. She said that a panhandle lot would be compatible with this neighborhood. She spoke of the importance of the Roses being satisfied with the wall. Council Member Hall concurred. Council Member Packard spoke in support of the project. Mayor Pro Tern Finnila said she could not support this project because the density exceeds the Growth Control Point for single-family dwelling units. She said there appears to be no benefit to exceed the Growth Control Point for this project. Mayor Lewis said he shared Mayor Pro Tem Finnila’s concerns. However, he said that one more unit to this project would not negatively impact the neighborhood. Ron Ball, City Attorney, recommended that Resolution No. 2003-025 be adopted with the added following language: That the City Council approves the application for a Tentative Tract Map to subdivide 1 .I4 acres into five lots, including two panhandle lots, on property generally located at the northwest corner of Adams Street and Chestnut Avenue, as shown in Planning Commission Resolution No. 5317, and the findings and conditions of the Planning Commission as set forth in that resolution, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council except that Condition No. 14 shall read: January 2 1,2003 Carlsbad City Council Meeting Page 5 “The developer shall install a six-foot high solid noise attenuation wall along the westerly boundary of the subdivision to reduce the noise levels incurred by the Interstate 5 freeway, in accordance with the applicant submitted noise analysis. The developer shall construct and/or treat the wall with materials designed to reduce the noise reflection and to enhance its appearance, to the satisfaction of the Planning Director, concurrent with the construction of the homes on lots 3 and 4.” Council concurred that Mr. Ball’s recommended additional language to Resolution No. 2003-025 would correctly reflect Council’s intention. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2003-025, approving a Tentative Tract Map for the Riva Gardens Single Family Residential Subdivision, located at the Northwest Corner of Adams Street and Chestnut Avenue, in the Northwest Quadrant; and, that Item No. 2 in the Resolution read as follows: That the City Council approves the application for a Tentative Tract Map to subdivide 1.14 acres into five lots, including two panhandle lots, on property generally located at the northwest corner of Adams Street and Chestnut Avenue, as shown in Planning Commission Resolution No. 5317, and the findings and conditions of the Planning Commission as set forth in that resolution, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council except that Condition No. 14 shall read: “The developer shall install a six-foot high solid noise attenuation wall along the westerly boundary of the subdivision to reduce the noise levels incurred by the Interstate 5 freeway, in accordance with the applicant submitted noise analysis. The developer shall construct and/or treat the wall with materials designed to reduce the noise reflection and to enhance its appearance, to the satisfaction of the Planning Director, concurrent with the construction of the homes on lots 3 and 4.” AYES: Lewis, Kulchin, Hall and Packard. - NOES: Finnila. 13. AB #17,053 - THOMPSON/TABATA - CDP 98-68(A). 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, Mr. Grim said that no construction traffic would travel on Daisy Avenue. January 2 1,2003 Carlsbad City Council Meeting Page 6 Mayor Lewis opened the duly noticed public hearing at 654 p.m. and asked if anyone wished to speak on this matter in any way. Jack Henthorn, 5375 Avenida Encinas, said he was representing the applicant Standard Pacific. He spoke in support of the project and asked for Council’s approval. In response to Council, Mr. Henthorn said that the developer would not remove fences belonging to existing residents. Julie Ritter, 6846 Briannrood Drive, expressed concern for the grading on Tabata Ranch, sewer hookups, and that trees and fences of existing homeowners would be removed. Stephen Oakley, 1004 Foxglove, asked for clarification regarding “dirt borrowing’’ and expressed concern that grading of the Thompsonnabata property will result in snakes coming into his yard. He also expressed concern that grading will attract mosquitoes. In response to Council, Mr. Henthorn described erosion control measures that would be implemented. He said that adjacent properties will not be affected, there would be no collection of water to attract mosquitoes and dust control measures would be implemented. Mr. Henthorn said that none of the trees on Ms. Ritter’s property would be disturbed. He said that the applicant would be glad to remain in communication with the existing residents regarding their concerns. Mr. Henthorn said that the homeowners’ association or property owners would maintain the slope after the construction bonds have been released. In response to Council, Mr. Henthorn explained that silt fencing would prevent animals and reptiles from traveling onto adjacent properties. In response to Council, Bob Wojcik, Deputy City Engineer, said he concurred with Mr. Henthorn’s comments. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-026, approving a Coastal Development Permit Amendment for the Thompsonflabata Residential Subdivision, Located North and South of Poinsettia Lane, between Snapdragon Drive and Aviara Parkway, in the Southwest Quadrant. AYES: NOES: Lewis, Finnila Kulchin, Hall and Packard. None. Mayor Lewis declared a recess at 7:lO p.m. Council reconvened at 7:17 p.m. with all Council Members present. 14. AB #17,054 -ACCEPTANCE OF THE 2002-2003 MID-YEAR GOAL UPDATE. Jim Elliott, Director of Administrative Services; Lloyd Hubbs, Director of Public Works; Sandra Holder, Community Development Director; and, Frank Mannen, Assistant City January 2 1,2003 Carlsbad City Council Meeting Page 7 Manager made a Power Point Presentation regarding the 2002-2003 Mid-Year Goal Update (on file in the City Clerk’s Office). In response to Council, Mark Steyaert, Park Development Manager, presented a brief overview of the Poinsettia Park Master Plan. He said that design would begin in fiscal year 2004-05. In response to Council, Ray Patchett, City Manager, briefly described the Capital Improvement Program. ACTION: On a motion by Mayor Pro Tem Finnila, Council accepted the report. - AYES: Lewis, Finnila Kulchin, Hall and Packard NOES: None. Mayor Lewis declared a recess at 8:16 p.m. Council reconvened at 8:20 p.m. with all Members present. 15. AB #17,055 - NORTHWEST QUADRANT COMMUNITY PARK MASTER PLAN - REVISED. Mark Steyaert, Park Development Manager, reviewed a Power Point Presentation describing the Northwest Quadrant Community Park Master Plan (on file in the City Clerk’s Office). In response to Mayor Lewis, Mr. Steyaert said that decomposed granite would be used in the park and concrete benches would not be used. Mayor Lewis said that although he encourages the positive interaction between police officers and children, he would not support a formal police substation in the park. Mayor Lewis suggested that police officers park their squad cars occasionally in the Northwest Quadrant Community Park and interact with the children in an informal manner. In response to Council, Police Captain Metcalf said that the Bike Patrol is a full-time presence in the Village. He suggested that the Bike Patrol could visit the Northwest Quadrant Community Park as part of their daily routine. He said that Police Staff would support an informal satellite office in the park as a location where officers could process their paperwork. Captain Metcalf explained his opposition to handball courts in this park due to visibility concerns. Jim Whitaker, 4742 lnverness Court, asked that a skateboard park be placed in another location, instead of the Northwest Quadrant Community Park. He expressed concern for the large amount of glass used in the building design and said that using artificial turf is a good idea. Mr. Whitaker suggested that space be designated for use as a lawn January 2 1, ,2003 Carlsbad City Council Meeting Page 8 bowling area instead of building a garden. He also suggested that artificial turf be used for the lawn bowling area. Theresa Childs, a resident of Carlsbad, asked if Chestnut Avenue would remain a two- way street and asked what type of wall structure would be used in this park. Frank Sorino, 3528 Madison Street, said that Holiday Park and the Northwest Quadrant Community Park should be considered one park and that the Northwest Quadrant Community Park area should have only active uses. Mr. Sorino said that the older children would not use the Community Center because adults would be using the Community Center for their own programs. Mr. Sorino noted that the proposed half basketball courts are too small. Virginia Martinez, 3367 Madison Avenue, expressed appreciation for the garden area in the park. She distributed information from the County of San Diego describing their rental procedures for garden areas. Nicole Pappas, a resident on Garfield Street, spoke of the importance of this park being available for unscheduled use. She spoke of the need for a skate park to be located in a convenient location. Ms. Pappas spoke in support of the rose garden and said that garden clubs could become involved in the planting and caring for the roses. Ms. Pappas said that Pine Trees should be planted in the Northwest Quadrant Community Park. Mayor Lewis spoke of the need for another skate park in Carlsbad, but said it would not prevent skateboarders from destroying private property. In response to Council, Mr. Steyaert said that the Northwest Quadrant Community Park is too small to incorporate the use of Pine Trees in the design. However, he said that the existing trees are not very healthy. Mr. Steyaert noted that Chestnut Avenue is currently a two-way street and that the walls would be incorporated into the garden design. In response to Council, Scott Bradstreet, Park Planner, said that single walls, for handball use, are located at two different schools in Carlsbad. Council Member Packard expressed concern that the Teflon picnic area covers could be damaged. He spoke of the importance of unscheduled time for park use. Mr. Steyaert noted that the Parks Commission support adequate free time for unorganized sports in the park. Council Member Packard spoke in support of lawn bowling in the Northwest Quadrant Community Park. Mr. Steyaert noted that this park does not have the required room needed for a lawn bowling use. After discussion, Council directed that the issue of police presence in this park be referred to the City Manager in order to prepare a Council report. Council Member Hall spoke in support of staffs recommendation and said he could support a single wall for handball in this park. January 21,2003 Carlsbad City Council Meeting Page 9 Council Member Kulchin spoke in support of staffs recommendation and said she could not support a single wall for handball in this park. Mayor Pro Tem Finnila said she would like staff to look at the possibility of a “ball wall”, skate park and lawn bowling in this park. She spoke in support of the Preferred Plan, as identified in the staff report. Mayor Pro Tem Finnila suggested that staff investigate the concept of a police presence in all Carlsbad city parks. She spoke in support of a police presence in the Northwest Quadrant Community Park. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-027, approving the Northwest Quadrant Community Park Master Plan in concept, directing staff to proceed with entitlements and application of Propositions 12 and 40 State Park Bond Funds for use in funding the Northwest Quadrant community Park; and, That the issue of a police presence in the Northwest Quadrant Community Park be sent to the City Manager’s Office with direction that a report be presented to Council. AYES: Lewis, Finnila Kulchin, Hall and Packard. NOES: None. COUNCIL REPORTS AND COMMENTS: Council Member Kulchin announced that she was re-elected Chair to the S.A.F.E. Board. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Monday, January 27, 2003 (8:OO a.m. to 500 p.m.) Carlsbad City Council Goal Setting Workshop Hilton Garden Inn - Chandler Room 6450 Carlsbad Boulevard Carlsbad, California Tuesday, January 28, 2003 (8:OO a.m. to 5:OO p.m.) Carlsbad City Council Goal Setting Workshop Hilton Garden Inn - Chandler Room 6450 Carlsbad Boulevard Carlsbad, California January 21,2003 Carlsbad City Council Meeting Page 10 Thursday, January 30, 2003 (2:OO p.m.) Peer Recognition Awards Ceremony City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of January 21, 2003, was adjourned at 9117 p.m. P Janice Breitenfeld, CMC Deputy City Clerk