HomeMy WebLinkAbout2003-02-11; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: FEBRUARY 11,2003
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 City Clerk as follows:
Present: Lewis, Finnila, Kulchin, Hall and Packard.
Absent: None.
PRESENTATION:
On behalf of the entire City Council, Mayor Lewis presented Fire Captain Don Krepps with
a proclamation in recognition of his retirement.
CONSENT CALENDAR:
Item Nos. 1, 2 and 5 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of
the Consent Calendar, Items #I through #6, with the exception of
Item Nos. I, 2 and 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.
I. AB #17,069 -ACCEPTANCE OF DONATION FOR LIBRARY'S GENEALOGICAL
COLLECTION.
This item was pulled for discussion.
2. AB #17,070 -TEMPORARY ENHANCEMENT OF MILITARY LEAVE BENEFITS FOR
EMPLOYEES CALLED TO ACTIVE DUTY TO COMBAT TERRORISM AND
STRENGTHEN HOMELAND DEFENSES.
This item was pulled for discussion.
February 11,2003 Carlsbad City Council Meeting Page 2
3. AB #17,071- REPORTING OUT THE TERMS AND CONDITIONS OF THE
SETTLEMENT AS REQUIRED BY THE BROWN ACT IN CITY V. LIEW, CASE NO
GIN01 5983-1.
Council accepted the reporting out of the terms and conditions of the settlement as
required by the Brown Act in City v. Liew.
4. AB #17,072 - RESOLUTION TO SUMMARILY VACATE A PORTION OF STREET
RIGHT-OF WAY AT 31 12 LINCOLN STREET AND 325 OAK AVENUE (STV 02-01).
Council adopted RESOLUTION NO. 2003-043, summarily vacating IO’ of public
street right-of-way fronting 325 Oak Avenue and IO’ of public street right-of-way
fronting Oak Avenue and Lincoln Street a 31 12 Lincoln Street.
5. AB #17,073 -WORK PLAN FOR TEMPORARY FARM WORKER SHELTER
PROPOSAL.
This item was pulled for discussion.
6. AB #17,078 - NORTH COUNTY TRANSIT DISTRICT LICENSE AGREEMENT
PUBLIC STORM DRAIN FACILITIES CANNON COURT (CUP 99-30).
Council adopted RESOLUTION NO. 2003-047, approving a license agreement with
North San Diego County Transit Development Board (NCTD) for the construction of
public storm drain facilities related to the Cannon Court project.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #I 7,069 - ACCEPTANCE OF DONATION FOR LIBRARY’S GENEALOGICAL
COLLECTION.
Council Member Kulchin reviewed the staff report and expressed appreciation for the
donation.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2003-041, accepting a $10,000 donation from the
Dillon Family Trust, Survivor’s Trust, Authorizing the Mayor to execute
all documents necessary for the trust to release the donated funds,
and appropriating the donated funds to the library’s budget to be used
for the library’s Genealogical Collection.
AYES: Lewis, Finnila, Kulchin, Hall and Packard. - NOES: None.
2. AB #17,070 -TEMPORARY ENHANCEMENT OF MILITARY LEAVE BENEFITS
FOR EMPLOYEES CALLED TO ACTIVE DUTY TO COMBAT TERRORISM AND
STRENGTHEN HOMELAND DEFENSES.
Julie Clark, Director of Human Resources, presented the staff report.
Mayor Lewis spoke in support of staffs recommendations.
Febl uary 11,2003 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2003-042, approving temporary enhancement of military leave
benefits for employees called to active duty to combat terrorism and
strengthen homeland defenses.
AYES: Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None.
5. AB #17,073 -WORK PLAN FOR TEMPORARY FARM WORKER SHELTER
PROPOSAL.
Liz Kruidenier, 3005 Cadencia Street, shared a letter with Council regarding a workshop
she had attended earlier regarding support of the farm workers’ housing and portable
sanitary facilities. She stated that Several regional environmental groups had signed the
letter (on file in the City Clerks Office).
Kent Bricker, 5225 Frost, President of the Agua Hedionda Foundation spoke of his
support for the study under consideration and a solution for farm worker housing.
Carola Green, 1000 Vale Terrace, Vista, representing the Vista Community Clinic, spoke
of the benefit of improved housing for the farm workers. She stated that this housing
would improve worker health.
Konane Martinez, 206 Sea Cliff Way, Oceanside, stated she has been documenting the
health conditions of farm workers. She stated that a lower standard of living creates
greater health problems. She emphasized the importance of improved housing.
Katie Wheeler, 4653 Woodstock, stated her support for the effort to build permanent
housing and the assessment of the current emergency needs. She asked Council to
study the housing Napa had constructed for farm workers.
Barbara Perrigo, 2447 Ocean Avenue, Cardiff, a member of the Ecumenical Migrant
Outreach, stated support for the plan under consideration. She stated programs like these
will help the worker help him (her) self.
Evi Quinn, 2732 Waterbury Way, wants more support for the farm workers. She stated
that Council should consider an emergency task force to remedy the housing situation.
She forwarded to Council a petition with 130 signatures in favor of improving the housing
of farm workers. (This petition is on file with the Office of the City Clerk).
Mary Crowley, 333 Chestnut, President of the North Coast San Diego County Chapter of
the League of Women Voters stated her organization’s support for Carlsbad Agenda Bill
17,073. She urged Council to include the employers of the farm workers in the housing
solution.
Juan Ramon, a member of the American Friends Service, speaking through an interpreter,
stated that he has worked with the farm workers. He stated that workers need housing
now and cannot wait for another year. He emphasized that they now live in plastic and
cartons of cardboard.
February 1 1,2003 Carlsbad City Council Meeting Page 4 Tom Maddox, 51 1 Rudder, asked that Council take immediate action in providing
emergency shelter for the farm workers.
Patti Hamie-Christensen, Oceanside, a member of the Community Housing Works stated
her support for farm worker housing.
Mayor Pro Tern Finnila asked if Ms. Hamie-Christensen knew of any working farm worker
housing models in Southern California. Ms. Hamie-Christensen mentioned housing in the
Imperial Valley and some grower’s housing in San Diego County.
Dorothy Johnson, 21 5 South Coast Highway, #201, Attorney for California Rural Legal
Assistance spoke of her support for the efforts of the Carlsbad farm worker housing plan.
She offered help from her organization. She also stated that we must also focus on the
immediate crisis. She stated that the City could declare a shelter crisis under Government
Code 8698 for health and safety reasons.
Upon Council request, Housing and Redevelopment Director Debbie Fountain described
Citywide-housing needs. She also described the housing available at La Posada de
Guadalupe.
Council Member Hall stated he could not support the work plan because he felt the money
should be spent on actual housing not a housing plan.
Mayor Lewis stated that the City needed a work plan established before housing
construction.
ACTION:
AYES:
NOES:
On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-044, approving the work plan for
development of a temporary farm worker shelter proposal,
appropriating $25,000 to cover costs associated with development of
a shelter proposal, and authorizing staff to proceed with
implementation of the work plan.
Lewis, Finnila, Kulchin and Packard.
Hall.
RECESS
Mayor Lewis declared a recess at 7:05 p.m. Council reconvened at 7:11 p.m. with all
Council Members present.
ORDINANCE FOR ADOPTION:
7. AB #17.074 -AMENDING THE CARLSBAD MUNICIPAL CODE PERTAINING TO
PARENTAL RESPONSIBILITY AND JUVENILE CRIME AND VICTIMIZATION
PREVENTION.
Mayor Lewis read a communication from Cheryl Ernst, Superintendent of the Carlsbad
Unified School District regarding the proposed ordinance regarding truancy. (A copy of
this letter is on file in the Office of the City Clerk).
February 11,2003 Carlsbad City Council Meeting Page 5
Police Chief Jim Hawks explained the communication and support that he had gathered
from local principals. He also said that he would communicate with the three school
boards representing Carlsbad students.
Greg Dance, 2322 Keats Place, stated he was not in support of adopting the ordinance.
He gave examples of potential problems with the ordinance such as home-schooled
children attending the library during school hours.
Upon questioning by Council Mr. Dance stated he had read the ordinance and the
exceptions.
Gabriella Dance, 2322 Keats Place, read a statement that expressed her opposition to this
type of ordinance.
Terri Dance, 2322 Keats Place, also spoke in opposition to the ordinance.
Larry David, 2642 El Fuerte, stated his opposition to the ordinance.
Tim Davidson, 909 Orchid Way, stated he was not in support of the ordinance.
Mayor Lewis asked if it was possible to adopt the “nighttime curfew” portion of the
ordinance and not the “daytime” portion.
City Manager Ray Patchett stated that the ordinance could be referred back to staff and
not adopted tonight. He also stated that the “nighttime curfew” portion of the ordinance
could return for introduction. In addition, he stated that a separate staff report, including
truancy statistics could be brought at a later date for Council review. City Attorney Ball
concurred with this procedure.
Council concurred with the City Manager’s and City Attorney’s proposal.
ACTION: On a motion by Mayor Pro Tem Finnila, Council referred this item
back to staff with direction that the “daytime curfew” shall be removed
from the ordinance and that a separate report including truancy
statistics is to be presented to Council at a later date.
AYES: Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None.
8. AB #17,075 -AMENDING THE CARLSBAD MUNICIPAL CODE TO ESTABLISH A
PRIMA FACIE SPEED LIMIT UPON CASSIA ROAD.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
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.
February 1 1,2003 Carlsbad City Council Meeting Page 6
PUBLIC COMMENT:
James Swab, 3640 Adams, stated his concerns with notices he had received from the City
regarding vegetation and trees near his home.
PUBLIC HEARINGS:
9. AB 17,076 -VILLA PARADlSlO ZC 01-12/LCPA 01-12
Barbara Kennedy, Associate Planner, presented the staff report.
Mayor Lewis opened the duly noticed public hearing at 759 p.m. and asked if anyone
wished to speak on this matter in any way.
Robert Richardson, 2802 State Street, the applicant, spoke in support of the project.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:02 p.m.
Mayor Pro Tem Finnila noted that this project’s design was finalized at the Planning
Commission meeting. Council’s action tonight is only to consider the zoning and
amending the Local Coastal Program Amendment.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-637, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map to
grant a Zone Change, ZC 01-12, from R-I to RD-M on property
generally located on the south side of Tamarack Avenue, west of the
railroad right-of-way in Local Facilities Management Zone 1; and,
Council adopted RESOLUTION NO. 2003-045, adopting a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting
Program and approving a Zone Change and Local Coastal Program
Amendment to rezone a 0.7-acre parcel generally located on the
south side of Tamarack Avenue, west of the railroad right-of-way in
Local Facilities Management Zone 1.
AYES: Lewis, Finnila, Kulchin, Hall and Packard. - NOES: None.
IO. AB #17,077 -APPEAL OF CASA MONTESSORI DE VISTA SCHOOL CUP 01-12.
Planner Barbara Kennedy gave the staff report. Also representing staff were Engineer
David Rick and Deputy Fire Marshall Greg Ryan. Ms. Kennedy gave an overview of the
permitting process for the proposed Montessori School at 3016 Highland.
Mayor Lewis opened the duly noticed public hearing at 8:20 p.m. and asked if anyone
wished to speak on this matter in any way.
February 11,2003 Carlsbad City Council Meeting Page 7
Jack Henthorn of Jack Henthorn and Associates, 5365 Avenida Encinas, Ste. A, stated he
was representing the applicant, Janann Taylor, 3016 Highland Drive. Mr. Henthorn
explained the history of the Conditional Use Permit (CUP) application for a Montessori
school and introduced several associates who have worked on this project.
Phil Bucola, 3242 Vista Way, Oceanside described the proposed site plan.
Bill Darnell of Darnell and Associates, 1446 Front Street, San Diego, described the traffic
circulation at the site. He stated that his traffic studies have shown that the site operates
acceptably.
Questioned by Council, Mr. Darnell stated that he had monitored the site 10 times for 2 to
3 hours each time.
Adam Devant, 2190 Carmel Valley Road, described the enhanced landscaping proposed
at the site.
Linda Snyder, 3655 Highland Drive, stated that she could not support the school because
of her concerns regarding the establishment of a business in a residential area.
Michele Levy, 3021 Highland Drive, stated her opposition to permitting a Montessori
school at 3016 Highland Drive. She also reminded Council of the many signatures
submitted by petition that oppose the school in this location.
Penny Johnson, 1360 Hillview Drive, stated opposition to the project citing traffic concerns.
Terry Simpkins, 3042 Highland Drive, citing traffic and safety concerns, spoke in
opposition to the CUP at 3016 Highland Drive.
Dave Waites, 1648 James Drive, spoke in opposition to the CUP at 3016 Highland Drive.
Cathryn Craft, 3075 Highland Drive, stated that she could not support the project because
of safety concerns.
Marilynn Jansen, 3007 Highland Drive, stated her opposition to a business at this location.
Irene Strause, 3291 Highland Drive, stated that she was wary of the precedence being
established by allowing commercial enterprises in residential areas. She also stated her
concern regarding noise coming from the school.
Linda Simpkins, 3042 Highland Drive, stated opposition regarding businesses in
residential areas.
Andrea Patterson, 790 Mariposa, Vista, stated her support of Montessori schools.
Lisa Ohlson, 277 Hillcrest Drive, Encinitas, stated her support of Jan Taylor and the
Montessori school.
Sally Frye, 135 Pointer Lane, Vista, spoke in support of Jan Taylor and her schools.
February 11,2003 Carlsbad City Council Meeting Page 8
Cindy Boylan, 1334 Cynthia Lane, stated she needs a school like the Montessori for her
children.
Kim Shea, 3936 Syme Drive, gave positive support for the Montessori school.
Don Peterson, 1410 Yourell Ave, spoke in favor of Montessori schools and Jan Taylor.
Scott Hazard, 490 Hillway Drive, Vista, read a letter from Lt. Aaron Taylor USN in support
of his Mom, Jan Taylor, and her schools. (This letter is on file in the Office of the City
Clerk.)
Cathy Tell, 261 1 Highland Drive, said she did not support the project at 3016 Highland
Drive.
Bill Dubansky, 2216 El Camino Real, said he supported the establishment of a Montessori
school in Carlsbad.
Vicki Hendricks, 1205 Stratford Lane, spoke in support of Jan Taylor and the Montessori
school.
James Gardner, 1636 James Drive, stated that his house is directly next to the playing
field at 3016 Highland Drive. He said that because he works at night and sleeps during
the day the noise from the current 14 students disturbs him. He distributed pictures from
his house looking towards the school. (These pictures are on file in the Office of the City
Clerk).
Margie Dawson, 1232 Pine, spoke in favor of the Montessori school to be located at 3016
Highland Drive.
Lou Anne Grabo, 3145 Highland Drive, stated her opposition to a school in the Highland
neighborhood.
RECESS
Mayor Lewis declared a recess at 10:05 p.m. Council reconvened at 1O:lO p.m. with all
members present.
Roger Grabo, 3145 Highland Drive, noting the potential for blocking the driveway at 3016
Highland, as well as the bus route, stated that he opposed the Montessori school.
Soon-Gill Schnellinger, 1948 Willow Ridge, Vista, stated that she believes the school can
work within a small area.
Dawn Gardner, 1636 James Drive, stated that she does not want a school in her back
yard. In addition, she noted that traffic on Highland is bad.
Nicole Hendricks, 1205 Stratford Lane, read excerpts from a letter from Carlsbad Unified
School District Superintendent Cheryl Ernst in support of the Montessori School. (This
letter is on file in the Office of the City Clerk.)
February 1 1,2003 Carlsbad City Council Meeting Page 9
Ann Marie Michel, 1771 Andrea Ave, spoke in support of the Montessori school and its
location.
Kristen Cook, a resident of Oceanside, read a letter from Reverend Roy Westbrook
endorsing Ms. Taylor.
John Miller, 1642 James Drive, stated that with the implementation of the school he would
lose his privacy and solitude.
Sally Burgess, 3615 Highland, noted she was opposed to the project.
Brian Carter (no address available) stated that a school in the neighborhood will change
the character of the area and that there will be impacts on traffic, safety and aesthetics.
Douglas Jacobsen, 1196 Magnolia, stated he was in favor of the school and it is in the
right location. He stated that the traffic pattern would be very simple.
Debra Johnson, 3275 Meadowlark, supports the CUP for the Montessori school.
Jill McNabb, Vista, said that she believes the best use of the location is for a school.
Marge Howard-Jones, 4823 Argosy Lane, member of the Carlsbad Historic Society, asked
that the old Dunn house remain preserved and the school be utilized at this site.
Laurie Gessinger, Seattle Washington, sister of the applicant and a planner for the City of
Seattle, stated she believes the site is workable as a school.
Harry Ekdahl, 1630 James Drive, discussed the limitations of the site including the noise
generation.
Don Dewhurst, 3425 Seacrest Drive, spoke in favor of the project.
Rick Johnson, 2850 Highland Drive, said he did not think traffic would be an issue and that
the school’s location is fine.
Tim Johnson, 3275 Meadowlark Lane, spoke in support of the school at this location.
A resident of San Marcos, read a letter from former Council Member Julie Nygaard (not on
file in the Office of the City Clerk) justifying why this school is an appropriate use at this
location.
Andrew Near, 1810 Oak Avenue, a recent homebuyer, stated his opposition to the school
being placed in the neighborhood.
Sharon Hoffing, Vista, stated her support for approval of the CUP.
Tony Lazarus, 1202 Basswood, spoke in support of this the CUP.
Homer and Mary Prefontain, 2370 Spruce Street, stated their support of the Montessori
school at 3016 Highland Drive.
February 1 1,2003 Carlsbad City Council Meeting Page 10
Robert Porter, 2635 Highland Drive, stated his opposition to the school.
Peter Gray, 4021 Carnario Street, spoke in favor of the Montessori school at this location.
Nick Nordquist, 412 Hardell Lane, Vista, stated his support of the Montessori school at this
location.
Ruth Lewis, 2001 Avenue of the Trees, believes that 3016 Highland is a good location for
the school.
Kip McBane, 2651 Crest Drive, cited a letter he had sent to the City in October, and stated
that he was in favor of the land use for the school.
Alice Pendelton, 3700-9 Highland Drive, citing fire safety and noise, stated she was
opposed to the school at this location.
Gary Nessim, 2987 Highland Drive, spoke in favor of the project. He also stated that the
Carlsbad Historic Society supports the plan.
Peter Taylor, 3061 Highland Drive, husband of the applicant, stated that 3016 Highland is
the proper location for the school. Mr. Taylor stated that he did not believe traffic would be
an issue.
Victoria Barnes, 127 W. Elder, Fallbrook, teacher of a Montessori school, stated that she
supervised 70 children in a Fallbrook school with only 9 parking places and that there were
no significant problems.
George Gessinger, 4606 Dunham Way, Carmel Valley, stated that the impacts of the
school had been mitigated and that he supported that school in this location.
Mark Nordquist, 3495 Seacrest, stated that the site is well qualified for a school.
Paul Rea, 4345 Highland Drive, stated his opposition to the school.
Mr. Henthorne explained that this project will not impact traffic and said that the location is
ideal for a school. He said that the historic home will be retained and this project will
enhance the character of the neighborhood.
Seeing no one else wishing to speak on this matter, the Mayor closed the public hearing at
I1 :20 p.m.
Council concurred to continue Council discussion and action to the Council meeting of
February 18, 2003. Mayor Lewis explained that the public hearing portion of this agenda
item is closed and Council will base their decision on land use issues only.
Council Member Packard requested that the traffic engineer and landscape architect for
this project be present at the February 18, 2003 Council meeting.
February 1 1,2003 Carlsbad City Council Meeting Page 11
ANNOUNCEMENT:
Lorraine Wood, City Clerk, announced that Council Members have been invited to attend,
and may be participating in the following event:
Saturday, February 15,2003 - 12 noon
La Costa Glen Carlsbad Grand Opening Ceremony
7700 El Camino Real
Carlsbad, California
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of February 11, 2003, was adjourned at 11 :22 p.m.
OR 1NEM.W 0 ,CMC
City CFrk
JanyJBreitenfeld, CMC
Deputy City Clerk