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Home My WebLink About2003-02-04; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: FEBRUARY 4,2003 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:OO p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Lewis, Finnila, Kulchin, Hall and Packard. Absent: None. LEGISLATIVE INVOCATION: Pamela Hayward offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following event: Thursday, February 6,2003 - 530 p.m. Carlsbad Citizens’ Academy Kickoff Carlsbad Council chambers 1200 Carlsbad Village Drive Carlsbad, California APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting of December 17, 2002. Regular Meeting of December 17, 2003 Special meeting of December 18, 2002 Special Meeting of January 14, 2003 Regular Meeting of January 14, 2003 Special Meeting of January 15, 2003 February 4,2003 Carlsbad City Council Meeting CONSENT CALENDAR: Item No. 5 was pulled for discussion. Page 2 ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #IO, with the exception of Item No. 5, as follows: AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17,056 -AWARD OF BID FOR STREET AND LOT SWEEPING SERVICES. Council adopted RESOLUTION NO. 2003-028, accepting the bid proposal and awarding the contract for street and lot sweeping services to Cannon Pacific Services LLC. 2. AB #17,057 - REPORT ON CITY INVESTMENTS AS OF DECEMBER 31,2002. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of December 31 , 2002. 3. AB #17,058 -ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE CARLSBAD UNIFIED SCHOOL DISTRICT. Council adopted RESOLUTION NO. 2003-029, accepting funds from the Carlsbad Unified School District (CUSD) for the use of arts education and programming by the City. 4. AB #17,059 -APPROVAL OF PURCHASE OF POLICE PATROL SEDANS. Council adopted RESOLUTION NO. 2003-030, approving the purchase of eleven police patrol sedans from Ken Grody Ford. 5. AB #17,060 - INITIAL AFFORDABLE HOUSING AGREEMENT FOR BRESSI RANCH MASTER PLAN. This item was pulled for discussion. 6. AB #17,061 -AUTHORIZATION AND APPROPRIATION OF FUNDS FOR THE PURCHASE OF STRATFORD LANE PROPERTY. Council adopted RESOLUTION NO. 2003-032, authorizing the Mayor to execute all documents associated with the purchase of APN 156-164-36 Stratford Lane, Carlsbad, and appropriating funds for the purchase of said property and payment of surveys, reports and associated fees. February 4,2003 Carlsbad City Council Meeting Page 3 CONSENT CALENDAR (continued) 7. AB #17,062 -APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES, ASSOCIATION (CCEA). Council adopted RESOLUTION NO. 2003-033, approving a Memorandum of Understanding with the Carlsbad City Employees’ Association (CCEA), and; Council adopted RESOLUTION NO. 2003-034 electing to be subject to Public Employees’ Medical and Hospital Care Act only with respect to the general Employees represented by the CCEA and fixing the employer’s contribution at an amount at or greater than that prescribed by Section 22825 of the Government Code. 8. AB #17,063 -APPROVAL OF INTIATION OF THE 3% @ 60 RETIREMENT BENEFIT FOR ALL LOCAL MISCELLANEOUS EMPLOYEES. Council adopted RESOLUTION NO. 2003-035 to implement the California Public Employees’ Retirement System (CalPERS) “3%@ 60” retirement benefit for all local miscellaneous employees, effective January 1 , 2005. 9. AB #17,064 -AWARD OF CONTRACT AND APPROPRIATION OF FUNDS FOR CONSTRUCTION OF PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS. Council adopted RESOLUTION NO. 2003-036, awarding the construction contract to J. Fletcher Creamer & Son Inc. and appropriating funds for Palomar Airport Road and La Costa Avenue Drainage improvements, Project No. 3865. 10. AB #17,065 -ADOPTION OF A DISADVANTAGED BUSINESS ENTERPRISE [DBE) PROGRAM FOR JANUARY 2003 THROUGH SEPTEMBER 2003. Council adopted RESOLUTION NO. 2003-037, repealing City Council Policy Statement No. 62, and adopting Council Policy Statement No. 67 containing the Caltrans model DBE Program. DISCUSSION OF CONSENT CALENDAR ITEM: 5. AB #17,060 - INITIAL AFFORDABLE HOUSING AGREEMENT FOR BRESSI RANCH MASTER PLAN. Tessa Silva, 167 Maple Avenue, said she would like to know specific details regarding the senior housing element of this project. Ray Patchett, City Manager, requested that staff meet with Ms. Silva to provide the requested information. February 4,2003 Carlsbad City Council Meeting Page 4 ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-031 approving an initial affordable housing agreement for the construction of 100 affordable condominium units in Planning Area 15 to satisfy the inclusionary housing requirements of the Bressi Ranch Master Plan (MP-178). AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. - ORDINANCE FOR INTRODUCTION: 11. AB #17.066 -AMENDING CHAPTER 8.04 OF THE CARLSBAD MUNICIPAL CODE PERTAINING TO PARENTAL RESPONSIBILITY AND JUVENILE CRIME AND VICTIMIZATION PREVENTION. Ron Ball, City Attorney, presented the staff report. Council Member Hall questioned the need for the daytime curfew element in this ordinance. In response to Council, Police Chief Hawks explained that this proposed ordinance would assist police officers in the enforcement of truancy violations and truancy prevention. Council Member Hall said he supported the evening curfew but expressed concern for the daytime curfew, unless an overwhelming need exists. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-655, amending Chapter 8.04 of the Carlsbad Municipal Code pertaining to parental responsibility and juvenile crime and victimization prevention. AYES: Lewis, Finnila, Kulchin and Packard. NOES: Hall. PUBLIC COMMENT: Shelley Hayes Caron, spoke of the importance of the historic significance of The Marron Adobe and said that the Adobe is surrounded by sensitive habitat that should be preserved. She distributed thank you letters she received from students who recently visited The Marron Adobe (on file in the City Clerk’s Office). Michele Levy, 3021 Highland Avenue, expressed concern for code violations at 3016 Highland Avenue. February 4,2003 Carlsbad City Council Meeting Page 5 PUBLIC HEARINGS: 12. AB #17.067 - HABITAT MANAGEMENT PLAN/MUNICIPAL GOLF COURSE/LOCAL COASTAL PROGRAM AMENDMENT LCPA 02-10/Dl 02-01 {HMP ADDENDUM #2) Michael Holzmiller, Planning Director, and Don Rideout, Principal Planner, presented the staff report and made a Power Point Presentation (on file in the City Clerk’s Office). Mr. Holzmiller summarized the actions before Council this evening. Mr. Rideout explained the Local Coastal Program Amendment and amendment to the Habitat Management Plan. Mr. Rideout also described the revisions to the golf course as a result of the Habitat Management plan and the environmental review process. Mr. Holzmiller discussed the Planning Commission’s concerns and staffs recommendations. Mr. Rideout referred to Page 55 of the Agenda Bill and noted a typographical error. He said that under Paragraph “e”, “Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be mitigated respectively at ratios of l:l, 2:l and 3:1,. . .” should be replaced with “Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be mitigated respectively at ratios of 1:1, 3:l and 3: 1 . . .‘I. Mr. Rideout also noted that the references to the Tabata Properties (APN’s 214-170-54 and 72) shown in Policy 3-8.7 should be deleted from the Standards areas because correspondence from the Coastal Commission had been received stating that these two properties are exempt. Mr. Rideout requested that the following language be inserted in Resolution 2003-038, Paragraph “4.” after the word ‘I.. . reference”: ‘I.. .except as amended to remove references to the Tabata Property (APN’s 214-170-54 and 72) shown in Policy 3-8.7.” Mr. Holzmiller noted for the record that the following correspondence had been recently received by Council: correspondence from Robert Kevane and Lawrence Krasnow dated January 29, 2003; correspondence from Karen M. ZoBell (representing Tabatas), GRAY CARY WARE AND FREIDENRICH dated January 31,2003; correspondence from Christopher Calkins, Encinitas Ranch Company, dated February 4, 2003; and correspondence from Mathew Peterson, Peterson & Price (representing Robert Kevane and Lawrence Krasnow) dated February 3, 2003. (All are on file in the City Clerk’s Office.) Mr. Holzmiller said that several of the property owners who are objecting to the adoption of the LCPA and, whose property is shown as standards areas in the LCPA, are currently negotiating with the city, the wildlife agencies and the Coastal Commission staff regarding agreement on hardline preserve boundaries. Mr. Holzmiller said if this is accomplished, per Policy 3.8 of the LCPA (located on Page 48 of the Agenda Bill), the hardline boundaries take precedence over the standards. He noted that none of the property owners have completed negotiations at this time, but will probably reach agreement before the Coastal Commission considers the LCPA in approximately three February 4,2003 Carlsbad City Council Meeting Page 6 months. Mr. Holzmiller said if agreement is reached before that time, staff could support including the negotiated hardlines into the present LCPA, rather than making the property owners do a separate, follow-up LCPA at a later time. Mr. Holzmiller said if the Council concurs with this approach, Council should authorize staff to include any negotiated hardline boundaries for the standards properties identified in the LCPA, if the negotiations are concluded prior to Coastal Commission’s consideration of the item. Mr. Holzmiller said that city staff discussed this issue with the Coastal Commission staff this morning and they concur with this approach. In response to Council, Mr. Rideout presented a brief history of the Habitat Management Plan and environmental issues regarding the golf course. Mr. Rideout said that the proposed commercial/industriaI area has been deleted as has the cart pass and that Holes 1 and 12 and the practice range have been moved. He further explained that these changes have reduced or negated all impacts to wetlands and coastal chaparral. In response to Council, Ron Ball, City Attorney, said that the golf course design is in the process leading to the noticing for federal review. Mr. Holzmiller said that the Coastal Commission staff has indicated that once the federal review has been completed, the city can continue processing the golf course permits without having to start the process from the beginning. Mr. Holzmiller said that the Coastal Commission staff has said that they will support the golf course design that is being presented to Council tonight. Mr. Holzmiller explained that the reason that the golf course design was appealed was because of impacts to wetlands and to steep slopes containing sensitive habitat. Mr. Holzmiller said the golf course has been redesigned to completely eliminate any impacts to wetlands, reduce impacts to dual-criteria slopes to less than 10% and to provide for more on-site creation of habitat. Therefore, the reasons and the legal justification for the appeal have been eliminated. In response to Council, Mr. Holzmiller explained that the property owners involved in the Habitat Management Plan (HMP) will be required to comply with the standards and criteria of the HMP and can continue their negotiations with the Coastal Commission for hardline boundaries, regardless of the city’s actions on the HMP. Mayor Lewis opened the duly noticed public hearing at 7:19 p.m. and asked if anyone wished to speak on this matter in any way. Jim Smith, 71 16 Santa Barbara, member of the Carlsbad Golf Steering Committee and former President of the Carlsbad Golf Association, distributed and read correspondence into the record describing the need and support for a Municipal Golf Course in Carlsbad (on file in the City Clerk’s Office). Robert Kevane, 8480 La Mesa Boulevard, La Mesa, CA 91941, reviewed his joint correspondence with Lawrence Krasnow, dated January 29,2003 (on file in the City Clerk’s Office) expressing concern regarding the impacts of the Second Addendum to the HMP on their property. February 4,2003 Carlsbad City Council Meeting Page 7 Lawrence Krasnow, 16769 Bernard0 Center Drive, Suite 24, San Diego, CA 92128, reviewed his joint correspondence with Robert Kevane, dated January 29, 2003 (on file in the City Clerk’s Office) expressing concern regarding the impacts of the Second Addendum to the HMP on their property. Matt Peterson, Peterson & Price, 530 B Street, Suite 1700, San Diego, CA 92101 , legal representative for Mr. Kevane and Mr. Krasnow, reviewed his correspondence dated February 3, 2002 (on file in the City Clerk’s Office). Mr. Peterson requested that Council approve the requested modified hardlines for their property. He said that if the modified hardlines were approved tonight, his clients would not need to continue working with the Coastal Commission. Mr. Peterson expressed concern that if a modification was not made, his clients would be restricted to develop only 25% of their property. In response to Council, Mr. Holzmiller said that staff does not agree with Mr. Peterson’s comments. Mr. Holzmiller said that staff is of the opinion that even though Mr. Peterson’s clients’ property is zoned R-I , the Coastal Commission would still be involved with the project approvals. Mr. Holzmiller described the appeal process and said even with prior hardlines, staff believes that the Coastal Commission could still impact the HMP properties. Mr. Ball said that the Coastal Commission did not approve the I999 hardline map, but it was approved by the wildlife agencies. Mr. Holzmiller said that city staff has been told that if the HMP properties, as they exist tonight, move forward to the Coastal Commission, the Coastal Commission staff will recommend approval to the Coastal Commission. Irv Roston, 2075 Playa Road, said he previously sent correspondence to Council dated January 27, 2003 (not on file in the City Clerk’s Office). He said he is Chairman of the Golf Course Steering Committee, and spoke in support of the proposed modifications to the golf course design. Jim Whalen, 7050 Friars Road, #202, San Diego, representing Robert Wilson (KirgisNVilson property), reviewed correspondence dated January 22, 2002 (on file in the City Clerk’s Office) regarding opposition to the proposed HMP amendments. Allison Rolfe, 4891 Pacific Highway, Suite I 12, San Diego, CA 921 IO, representing the San Diego Audubon Society and the North County Open Space Coalition, spoke of the importance of a strong habitat conservation plan to preserve habitat and wildlife. She also spoke in support of the Regional Habitat Management Plan. Bill Tippets, California Department Fish & Game, 4949 Viewridge Avenue, San Diego, CA 92123, spoke in support of the staff recommendation including the Local Coastal Program Amendment and addendum to the Habitat Management Plan. Lee Ann Carranza, United States Fish & Wildlife Services, 6010 Hidden Valley Road, spoke in support of the Habitat Management Plan/Municipal Golf Course/Local Coastal Program Amendment before Council this evening. February 4,2003 Carlsbad City Council Meeting Page 8 Lynne Baker, 13626 Orchard Gate Road, Poway, CA 92064, representing Endangered Habitats League, spoke in support of staffs recommendations. Larry Gett, 1815 Aston Avenue, Suite 106, said he is one of the property owners who will be affected by the HMP and asked Council to approve the HMP. Karen Zobell, 4365 Executive Drive, Suite 1100, San Diego, CA 92121, legal representative for the Tabata family, requested that the Habitat Management Plan (HMP) and Local Coastal Program Amendment (LCPA)) be reworded to delete all references to the Tabata property. Janet Fairbanks, Project Engineer for the HMP, SANDAG, 401 B Street, Suite 100, San Diego, CA 92101 , spoke in support of staffs recommendations. Gene Huber, 6407 El Pato Court, expressed opposition to the City having to redesign the golf course to meet the Coastal Commission’s demands. He also stated that the members of the Planning Commission had expressed concern regarding the impacts of the Coastal Commission’s demands on the property owners. Council Member Kulchin said that each Council Member receives the minutes of the Planning Commission and is very aware of the Planning Commission’s actions at their meetings. Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:15 p.m. In response to Council, Mr. Cahill explained that input from the Coastal Commission and other environmental agencies will ensure that the proposed golf course will be as environmentally sensitive as possible. He noted that reclaimed water would be used to maintain the proposed golf course. In response to Council, Mr. Rideout explained that the HMP agreement would be between the City of Carlsbad, the United States Fish & Wildlife Service and the California Department of Fish & Game. The agreement will provide assurances that the HMP will be implemented as written. Mr. Rideout distributed a list of the city infrastructure projects that are covered by the HMP (on file in the City Clerk’s Office). Mr. Holzmiller said that the city would need to follow the same coastal permit process as a private property owner in order to complete these infrastructure projects. He noted that the city is subject to more encompassing appeal procedures. Council Member Hall and Council Member Kulchin spoke in support of staffs recommendations. Mayor Pro Tem Finnila presented a brief history of this agenda item. She stated that it appears that the Coastal Commission operates without a set of written rules and at times unequal application of rules and people do not know what to expect as they proceed through the Coastal Commission approval process. Mayor Pro Tem Finnila February 4,2003 Carlsbad City Council Meeting Page 9 said that the Coastal Commissioners do not seem concerned about economic factors or in individual loss of property caused by their decisions. Council Member Packard concurred with Mayor Pro Tem Finnila’s comments. He expressed concern that the Coastal Commission has taken some lands using arbitrary ratios. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-038 adopting a Negative Declaration for a Local Coastal Program Amendment and an Addendum to the Habitat Management Plan and approving said Local Coastal Program Amendment and Addendum to the Habitat Management Plan to add Habitat Conservation Standards to remaining undeveloped properties in the Coastal Zone; and, That Paragraph 4 in Resolution No. 2003-038 shall be amended to read as follows: “4. That the amendment to the Local Coastal Program Amendment (LCPA 02-10) is approved as shown in Planning Commission Resolution No. 5361 , on file with the City Clerk and incorporated herein by reference, except as amended to remove references to the Tabata Property (APNs 214-170-54 and 72) shown in Policy 3-8.7. In addition, staff is authorized to include any hardline boundaries negotiated prior to consideration of the Amendment by the California Coastal Commission.” And, that Paragraph 5 in Resolution No. 2003-038 shall be amended to read as follows: “5. That the Addendum to the Habitat Management Plan (Dl 02-01 Addendum #2) is approved as shown in Planning Commission Resolution No. 5362, on file with the City Clerk and incorporated herein by reference, except as amended to remove references to the Tabata Property (APNs 214-170-54 and 72) shown in Section D 7-14 G.” And, Council adopted RESOLUTION NO. 2003-039, finding and certifying that the Carlsbad Habitat Management Plan complies with the enforceable provisions of the California Coastal Act and California Coastal Management Program and that it will be conducted in a manner consistent with such program; And, Council adopted RESOLUTION NO. 2003-040, directing staff to make necessary revisions to the Municipal Golf Course design and submit the revisions to the Coastal February 4,2003 Carlsbad City Council Meeting Page 10 Commission in order to resolve the pending appeal by the Coastal Commission. AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. RECESS Mayor Lewis declared a recess at 8:40 p.m. Council reconvened at 8:47 p.m. with all Council Members present. RECESS TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING Mayor Lewis adjourned to the Housing and Redevelopment Commission meeting at 8:47 p.m. with all Members present. RECONVENE COUNCIL MEETING Chair Lewis adjourned to the remainder of the City Council meeting at 9:12 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 13. AB #17,068 - ESTABLISH A PRIMA FACIE SPEED LIMIT UPON CASSIA ROAD Bob Johnson, Deputy City Engineer, presented the staff report. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-656, amending Title IO, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.700 to establish upon Cassia Road a Prima Facie 35 mile per hour speed limit from Poinsettia Lane to its intersection with El Camino Real. AYES: Lewis, Finnila, Kulchin, Hall and Packard. - NOES: None. 14. AB #17,024 -APPOINTMENT TO THE PLANNING COMMISSION Each Council Member submitted one name for appointment to the Planning Commission. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2003-372, appointing Martell Montgomery to the Carlsbad Planning Commission. AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. February 4,2003 Carlsbad City Council Meeting Page 1 1 COUNCIL REPORTS AND COMMENTS: Mayor Pro Tem Finnila said that Council is invited to attend a SANDAG sponsored event at the Encinitas Community Center on Thursday, February 20, 2003 from 6:OO p.m. to 8:30 p.m. to discuss regional transportation issues. Mayor Lewis asked Council to provide him with names of those who wish to serve on the Vision of Carlsbad Committee. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of February 4, 2003, was adjourned at 9:22 p.m. Assistant City Clerk Janice Breitenfeld, CMC Deputy City Clerk