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HomeMy WebLinkAbout2003-02-18; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: FEBRUARY 18,2003 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: Raymond Van Pletsen offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. 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 January 21, 2003. Minutes of the Regular Meeting of January 21 , 2003. Minutes of the Special Meeting of January 27, 2003. Minutes of the Special Meeting of January 28, 2003. CONSENT CALENDAR: Item No. 3 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Item Nos. 1 through 4, with the exception of Item No. 3, 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. February 18,2003 Carlsbad City Council Meeting Page 2 1. AB #17,079 - CORRECTING APPROPRIATIONS FOR THE COASTAL RAIL 2. AB #17,080 -APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR 2003-04 STREET OVERLAY PROJECT. Council adopted RESOLUTION NO. 2003-049, approving plans and specifications and authorizing the City Clerk to advertise for bids for the 2003104 Street Overlay Project, Project No. 3667-7. 3. ' AB #17,081 -APPROVAL OF A LAND TRANSFER AGREEMENT FOR ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION OF COLLEGE BOULEVARD, CANNON ROAD AND DRAINAGE DETENTION BASIN BJB. This item was pulled for discussion. 4. AB #17,082 -APPROVAL OF A ClPNVlDE RECORDS MANAGEMENT PROGRAM AND RECORDS RETENTION SCHEDULE UPDATES. Council adopted RESOLUTION NO. 2003-051, approving revisions to the established Citywide Records Management Program and Records Retention Schedule and authorizing continued program implementation. DISCUSSION OF CONSENT CALENDAR ITEM: ACQUISITION OF REAL PROPERn Lloyd Hubbs, Director of Public Works, presented the staff report. Mayor Pro Tem Finnila said she wanted the public to be aware of the difficult and long process in the construction of College Boulevard and Cannon Road. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-050, approving a land transfer agreement with Carlsbad Unified School District and Calavera Hills II, LLC for acquisition of real property interests needed for the construction of College Boulevard, Cannon Road and Drainage Detention basin BJB. AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. February 18,2003 Carlsbad City Council Meeting Page 3 ORDINANCE FOR ADOPTION: 5. AB #17,083 -ADOPTING ORDINANCE NO. NS-657 AMENDING THE CARLSBAD MUNICIPAL CODE TO GRANT A ZONE CHANGE TO PROPERTY KNOWN AS VILLA PARADlSlO (ZC 01-12) ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-657, 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 I. AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. PUBLIC COMMENTS: None. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:07 p.m. with all Board Members present. RECONVENE COUNCIL MEETING President Lewis adjourned the Municipal Water District Meeting at 6:08 p.m. and reconvened the Carlsbad City Council Meeting with all Council Members present. PUBLIC HEARING: 6. AB #17.077 -APPEAL OF CASA MONTESSORI DE VISTA SCHOOL CUP 01-12. Mayor Lewis explained that the public testimony portion of this agenda item was held at the February 11, 2003 Council Meeting. He said that tonight no further public testimony would be accepted and the public hearing portion of this agenda item is closed. Mayor Lewis said that the issue before Council this evening is appropriate land use. In response to Council, Ron Ball, City Attorney, reviewed last week’s meeting regarding this agenda item and reviewed the Conditional Use Permit Regulations on Page 12 of the agenda bill. In response to Council, Barbara Kennedy, Associate Planner, explained the Conditional Use Permit (CUP) process. She also explained the revocation process for a CUP. She answered Council’s questions regarding landscaping and explained why staff feels that the proposed landscaping will be inadequate for this project. February 18,2003 Carlsbad City Council Meeting Page 4 Greg Ryan, Deputy Fire Marshall, described the space constraints emergency personnel and their vehicles would experience when responding to calls at the project site. He said that the building would be required to have sprinklers on the ceiling and that the fire truck would need to park on the street. In response to Council, staff said that a traffic study is not done by staff. The applicant provides staff with a traffic study. Council and staff discussion ensued regarding the fact that no CUP has been revoked in Carlsbad. Mayor Lewis expressed concern for excess noise generated by this project. Ms. Kennedy explained that noise from children playing would be considered a nuisance and would not fall into the city’s noise guidelines. Therefore, the issue of noise would be addressed through Code Enforcement. In response to Council, Ms. Kennedy said that this project is a business and would be considered a commercial use. Mr. Ball concurred but explained that “commercial use” in this instance has a different meaning than that contemplated in the Zoning Code. Mayor Lewis expressed concern regarding ingress and egress onto the project. Staff explained that the staggered arrival and departure hours of the students would help reduce the amount of vehicles at the site at any given time. In response to Council, Mr. Ball said that as a matter of due course, the applicant’s representative should have the opportunity to respond to issues discussed at this meeting. Mayor Lewis asked if the applicant’s representative would like to address Council. Jack Henthorn, Henthorn & Associates, 5431 Avenida Encinas, Suite A, said that his client concurs with the length of time for the CUP. He said that his client plans to mitigate noise by building a six-foot wall and raising the elevation of the site by four feet. Mr. Henthorn described the proposed landscape on the property. Mr. Henthorn said that the building will be fitted for fire sprinklers and said that there will be room to load patients in the rear of an ambulance. Mr. Henthorne expressed his opinion that this project will not be a commercial use. Council Member Hall said that the proposed school would not have much more impact to the neighborhood than the existing day care facility. He said that traffic will not be impacted by this project and that the proposed aesthetics to the project will be an improvement to the neighborhood. Council Member Hall spoke in support of the project and approving the CUP. Council Member Kulchin said that the proposed landscape would be an improvement to the neighborhood. She said that the proposed Montessori School is a good use for the property. Council Member Kulchin spoke in support of the project and approving the CUP. February 18,2003 Carlsbad City Council Meeting Page 5 Council Member Packard said that a school is an appropriate use in the neighborhood. He said that the proposed wall would be adequate to mitigate noise. Council Member Packard said that traffic in the area is not heavy now and this project would not have an impact on traffic. He spoke in support of the project and approving the CUP. Mayor Pro Tem Finnila expressed concern that the proposed road in front of the school would not be required to have curbs and gutters. She said that the topography of the property is not appropriate for a school and that the proposed six-foot wall for noise mitigation would not be attractive. She explained that traffic currently backs up whenever a NCTD Bus is on Highland Drive because of the narrow street and the proposed project would increase the number of vehicles in the neighborhood. Mayor Pro Tem Finnila expressed concern that the Fire Department representatives have indicated that service would be provided to this project if the building were fitted for fire sprinklers, the fire trucks park on the street and the driveway is 14 feet wide. She said that she could not accept this condition because of the constraints. Mayor Pro Tem Finnila said she supported staffs recommendation to deny the appeal and said she does not support a school being located on a residential lot. Mayor Lewis said that the traffic circulation on the property is inadequate for a school. He expressed concern that the front of the project will be an asphalted area, which is not compatible with the residential neighborhood. Mayor Lewis said that this site is not an appropriate location for a school. He said that even with staggered hours, traffic would still be adversely impacted. Mayor Lewis said that he supported staffs recommendation to deny the appeal. ACTION: On a motion by Council Member Kulchin, Council approved the appeal for a Conditional Use Permit for a private school located at 3016 Highland Drive. AYES: Kulchin, Hall and Packard. NOES: Lewis and Finnila. Ron Ball, City Attorney, said he would return on March 4, 2003 with the appropriate documents memorializing Council’s action tonight. RECESS Mayor Lewis declared a recess at 7:lO p.m. Council reconvened at 7:11 p.m. with all Council Members present. February 18,2003 Carlsbad City Council Meeting Page 6 ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, February 19,2003 - 1l:OO a.m. Carlsbad City Council Study Session Faraday Center 1635 Faraday Avenue Carlsbad, California Thursday, February 20,2003 - 1O:OO a.m. Bressi Ranch Groundbreaking Ceremony Palomar Airport Road east to El Fuerte - South on El Fuerte to event site Carlsbad, California COUNCIL REPORTS AND COMMENTS: Council Member Kulchin said on February 15,2003 she attended the Grand Opening at La Costa Glen. Mayor Pro Tem Finnila said the public is invited to attend a planning workshop for Alga Park on Thursday, February 27,2003 at 1635 Faraday Avenue, Room 173B at 6:OO p.m. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of February 18, 2003 was adjourned at 712 p.m. NE M. WOOD, CMC Janice Breitenfeld, CMC Deputy City Clerk