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HomeMy WebLinkAbout2003-03-04; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: MARCH 4,2003 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: Mayor Lewis offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. PRESENTATION The Golden Bough offered a presentation of Celtic folk music. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Finnila, Council affirmed the action of the Consent Calendar, Items #1 through #6, with the exception of ltem#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 #17,084 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of January 31,2003. March 4,2003 Carlsbad City Council Meeting Page 2 2. AB #17,085 -APPROVAL OF AGREEMENTS FOR ENVIRONMENTAL IMPACT REPORT PREPARATION FOR THE PROPOSED LA COSTA TOWN SQUARE - EIR 01 -02. Council adopted RESOLUTION NO. 2003-052, approving a consulting agreement with Cotton Bridges Associates for the preparation of an Environmental Impact Report (EIR) for the La Costa Town Square Project and an agreement with La Costa Town Square, LLC, for payment of associated costs. 3. AB #17.086 -ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2003-053, accepting a grant from the California Library Literacy Service, appropriating the funds and allocating the accrued interest from the 2001-2002 grant to the Adult Learning Program’s General Fund Account. 4. AB #17.087 - APPROVAL OF A SIDE LETTER WITH THE CARLSBAD POLICE OFFICERS’ ASSOCIATION (CPOA) AND MODIFICATION TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN - CALPERS RETIREMENT BENEFIT. Council adopted RESOLUTION NO. 2003-054, approving a side letter which amends the MOU to include the effective date of the 3% @60 CalPERS retirement benefit for non-sworn CPOA represented employees; and, Adopting Resolution No. 2003-055, modifying the Management Compensation and Benefits Plan to clarify the effective date of the 3% @60 CalPERS retirement benefit for management employees. 5. AB #17,088 - GRANTING THE APPEAL OF CASA MONTESSORI DE VISTA SCHOOL - CUP 01 -1 2. This item was removed from the Consent Calendar for discussion. 6. AB #17,091 - APPROVING AN EXTENSION OF BID FOR CONSTRUCTION OF AVIARA COMMUNITY PARK - CITY PROJECT NO. 36991. Council adopted RESOLUTION NO. 2003-059, approving an extension to July 16, 2003 of the lowest responsive, responsible bid received on December 4, 2002 for the construction of Aviara Community Park. ITEM #5 REMOVED FROM THE AGENDA: 5. AB #17,088 - GRANTING THE APPEAL OF CASA MONTESSORI DE VISTA SCHOOL CUP 01 -1 2. Representing staff was Associate Planner Barbara Kennedy and Deputy City Engineer Bob Wojick. In response to Mayor Lewis, City Attorney Ron Ball clarified several terms and conditions of the CUP before Council. Council Member Hall asked for clarification of dates in Condition No. 24 and details regarding No. 41 B. Building Manager Pat Kelley discussed the building modifications that must take place at the site such as changes in wiring, installation of sprinkler systems, and conformance to the Americans with Disabilities Act requirements. March 4,2003 Carlsbad City Council Meeting Page 3 In response to the Mayor, Jack Henthorn of Jack Henthorn and Associates, 5365 Avenida Encinas, representing the applicant, stated that his client, Jan Taylor, wanted to move forward on the conditioned project. Harry Ekdahl, 1630 James Drive, stated that the school at 301 6 Highland is not appropriate for the neighborhood. He spoke of traffic as an issue at the intersection of Highland and Carlsbad Village Drive. He also stated that the property should be conditioned with a 10-foot rather than 6 foot sound wall. Mr. Ekdahl remarked that the conditions of the project would be difficult to enforce. Penny Johnson, 1360 Hillview, stated that she disagreed with Council’s decision at the February 18, 2003, meeting. She also asked why Council did not heed the neighborhood’s petition of 200 names. Marilyn Janssen, 3307 Highland, stated that she disagrees with the project decision and indicated that Council should listen to the Planning Staff recommendation. Michele Levy, 3021 Highland, stated she is worried about flooding that might come from the future school site. She expressed concerns regarding traffic and proposed traffic “stacking”. Ms. Levy also asked who has jurisdiction of the project. Janice Thompson, 3370 Highland, stated that she is discouraged by the Council’s decision regarding the project. She stated her concerns regarding traffic, the safety conditions for the children attending the school, and all the rules and regulations surrounding the Conditional Use Permit (CUP). Robert Thompson, 3370 Highland, stated he was not pleased with Council’s decision regarding the project and that he had concerns regarding the traffic survey included in the application. He also expressed concerns regarding the safety of the children attending the school and asked who is accountable in meeting the conditions stipulated in the CUP. Irene Strause, 3291 Highland, spoke of her concerns regarding flooding at the site. Linda Simpkins, 3042 Highland, discussed the traffic accidents at the intersection of Carlsbad Village Drive and Highland along with her concerns for the safety of the school children. Terry Simpkins, 3042 Highland, stated his concerns regarding the regulation of the CUP. Rita Krupp, 3182 Highland, stated that she was surprised by Council’s vote regarding the project and also stated that she had bought her property because of the rural environment. She spoke of the heavy traffic on Highland. Debra Dewhurst Johnson, 3275 Meadowlark Lane, thanked Council for their vote on the project and stated her confidence in the success of the project. Mark Nordquist, Seacrest Drive, spoke in support of the project. He stated that a cross gutter will eliminate any flooding from the project. March 4,2003 Carlsbad City Council Meeting Page 4 Mindy Szabad, 3236 Highland, stated she did not feel that this site was the best location for the school. In response to Council, Ms. Kennedy, explained how the wall height was set at six feet. Also in response to Council, Building Manager Pat Kelley stated that the 36 prospective students couldn’t start school until a Certificate of Occupancy is issued from his Department. Ron Ball explained how long a CUP was effective. He stated that the CUP is issued for five- year periods and the permit must be renewed at that time. He further explained that if the permit is not renewed, the zoning designation becomes null and void. City Manager Ray Patchett clarified that the responsibility for following the conditions of the CUP lies with the applicant. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2003-056, granting the appellant’s appeal, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and issuing a Conditional Use Permit for the Casa Montessori De Vista School. - AYES: Kulchin, Hall and Packard. NOES: Lewis and Finnila ABSTAIN: None Mayor Lewis called a recess at 7:24 p.m. and resumed the meeting at 7:30 p.m. with all Council Members present. PUBLIC COMMENTS: Leona Stein, 1630 Basswood, representing the North County Coalition for Peace, encouraged Council to place a peace resolution on a future agenda and distributed a letter and copy of a resolution. (These documents are on file with the Office of the City Clerk.) Ms. Stein stated that she was in opposition to a potential war in Iraq. Don Christiansen, 3715 Longview Drive, asked that the US give the UN inspectors time to do their job in Iraq. He stated he does not see a clear and present danger. Lew Pritten, 330 Chinquapin, stated that he was in favor of a resolution to oppose a war in Iraq. Edward Fox, 7925 Corte Carolina, spoke in opposition to a war in Iraq. Osvaldo Venzor, 7530 Jerez Court, stated he did not want any bombing of Iraq. Michele Levy, 3021 Highland Avenue, stated that she had concerns regarding possible parking violations at 2985 Highland. March 4,2003 Carlsbad City Council Meeting Page 5 Lois Hinds, 3430 Highland Avenue, spoke of her concerns regarding unofficial use of the Cole Library parking lot. Because of lack of information and preparation, Council concurred not to place a peace resolution on the agenda at this time. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis recessed the Council Meeting to the Special Meeting of the Carlsbad Municipal Water District at 7:47 p.m. with all Board Members present. ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING: President Lewis adjourned the Municipal Water District Meeting to the Joint Special Meeting of the Housing and Redevelopment Commission at 7:48 p.m. with all Commissioners present. RECONVENE THE CITY COUNCIL MEETING Chair Lewis adjourned the Joint Meeting of the Housing and Redevelopment Commission at 758 p.m. and reconvened the City Council Meeting with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB ## 17,090 - PURCHASE OF LIBRARY COMPUTER HARDWARE AND SOFrWARE, RELATED TRAINING AND TRAVEL. Library Director Cliff Lange and Doug Lindsey, representing SIRS1 Corporation presented a demonstration of the proposed software for the Library. In response to Council, Dr. Lange, Mr. Lindsey and Lee Rautenkranz, Director of Information Technology, answered questions regarding the system costs, capacity, funding, and configuration. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-058, approving the contract for the purchase of SIRS1 Library Computer Software and related training; approving expenditures for out of state travel expense for training and education for information technology and library staff; and, approving the purchase of computer hardware. - AYES: Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. ABSTAIN: None COUNCIL REPORTS AND COMMENTS: None. CITY MANAGER COMMENTS: None.