HomeMy WebLinkAbout2003-06-03; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: JUNE 3,2003
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular 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:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard.
LEGISLATIVE INVOCATION:
Rabbi Elifort offered the invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tern Finnila 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, with Mayor Pro Tem Finnila and Council Member
Kulchin abstaining from approval of the May 20th Council Minutes due to their absence:
Minutes of the Regular Meeting held May 13, 2003
Minutes of the Special Meeting held May 20, 2003
Minutes of the Regular Meeting held May 20, 2003
PRESENTATION:
Jill Prichard, Recreation Area Manager, and Brenda Bunnell, Recreation Supervisor,
made a presentation announcing the Seaside Celebration on Saturday, June 6, 2003
and the 2003 Carlsbad Triathlon scheduled for Sunday, June 7, 2003.
CONSENT CALENDAR:
Item Nos. 5 and 7 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Finnila, Council affirmed the action
of the Consent Calendar, Items #I through #8, with the exception
of Item Nos. 5 and 7, as follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
June 3,2003 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 #17,183 -APPROVAL OF PROPERPI, AND BOILER AND MACHINERY
INSURANCE.
Council adopted RESOLUTION NO. 2003-1 33, authorizing the renewal of
property insurance under the Public Entity Property Insurance Program.
2. AB #17,184 - AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2003104
PAVEMENT OVERLAY PROJECT (PROJECT NO. 3667-7).
Council adopted RESOLUTION NO. 2003-134, accepting the bid and awarding a
contract to Silvia Construction for the construction of the 2003/04 Pavement
Overlay Project.
3. AB #17,185 - REPORT ON THE SETTLEMENT ENTITLED MENDES V. CITY OF
CARLSBAD, ET.AL.
Council accepted the reporting of the terms and conditions of the settlement as
required by the Brown Act in Mendes v. City of Carlsbad, et al., Case No. 02 CV
1030 JM (LSP) (Civil Rights Action).
4. AB #17,186 - REPORT ON THE SETTLEMENT OF MODETEK, INC.
Council accepted the reporting of the terms and conditions of the settlement as
required by the Brown Act in ModeTek, Inc.
5. AB #17,187 -ACCEPTANCE OF A DONATION.
This item was pulled for discussion.
6. AB #17,188 -APPROVAL OF AGREEMENTS FOR ENGINEERING
PLANCHECKING SERVICES.
Council adopted RESOLUTION NO. 2003-1 36, approving agreements with
Berryman and Henigar, Post Buckley Schuh & Jernigan, GVP Consultants, and
Helming Engineering for engineering planchecking services.
7. AB #17,189 -AUTHORIZE THE DEVELOPMENT OF A CONCEPTUAL REPORT
FOR POTENTIAL SPEED REDUCTION MEASURES ON LA COSTA AVENUE.
This item was pulled for discussion.
8. AB #17,190 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1.
Council adopted RESOLUTION NO. 2003-1 38, authorizing the initiation of
proceedings and ordering the preparation of an Engineer’s Report for a Special
Maintenance District; and
Council adopted RESOLUTION NO. 2003-1 39, approving the Preliminary
Engineer’s Report; and, Council adopted RESOLUTION NO. 2003-140, setting a
public hearing for July 8, 2003.
June 3,2003 Carlsbad City Council Meeting Page 3
DISCUSSION OF CONSENT CALENDAR ITEMS:
5. AB #17,187 -ACCEPTANCE OF A DONATION.
Council Member Kulchin presented the staff report, thanking Daphne Gilman for a
$20,000 check from the Carlsbad Arts Association.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2003-135, accepting a donation from the
Carlsbad Arts Associates and Appropriation of funds.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
7. AB #17,189 -AUTHORIZE THE DEVELOPMENT OF A CONCEPTUAL
REPORT FOR POTENTIAL SPEED REDUCTION MEASURES ON LA COSTA
AVENUE
LeAnn Wissink, 2232 La Costa Avenue, #E, referred to a letter of March 12th, (not on
file in the Office of the City Clerk) and expressed concern that many vehicles exceed
the speed limit on La Costa Avenue and said it is unsafe for pedestrians to cross La
Costa Avenue. She asked Council to install traffic signals on La Costa Avenue. In
response to Council, Ms. Wissink said that she has lived in her home for five years.
She said that the new development should participate in an assessment district.
Martha Baron, 331 1 La Costa Avenue, said that the high school creates a lot of traffic
that exceed a safe speed limit. She said the speed limit should be 40 miles per hour on
La Costa Avenue. Ms. Baron said that currently it is dangerous for residents along La
Costa Avenue to exit and enter their own driveways.
Michael Razmajoo, 3019 La Costa Avenue, said the speed limit on La Costa Avenue
should be 35 miles per hour. He said that vehicles currently travel very fast on La
Costa Avenue, which creates a dangerous situation for other vehicles and pedestrians.
He said that stop signs need to be installed at every intersection on La Costa Avenue in
order to slow down the traffic.
Kazem Zomorradian, 2400 La Costa Avenue, said he has lived in his house for less
than one year and is a registered civil engineer. He spoke of the need for stop signs at
each intersection on La Costa Avenue. Mr. Zomorradian said that the speed limit was
increased after annexation of the La Costa Area into the City of Carlsbad. He said that
the speed limit on La Costa Avenue should be reduced. Mr. Zomorradian spoke
against the need for the City to retain a consultant to perform a traffic study on La Costa
Avenue. He noted that there have been three accidents in front of his home, but there
are no records of the accidents.
Mehdi Zomorrodian, 2464 La Costa Avenue, a registered civil engineer, said that La
Costa Avenue is designed and built for a maximum speed limit of 35 miles per hour,
with some areas of La Costa Avenue designed and built for 20 miles per hour. He said
it is inaccurate to describe La Costa Avenue as an arterial road.
June 3,2003 Carlsbad City Council Meeting Page 4
In response to Council, Police Chief Hawks said that the police department responds to
reports of accidents and take reports on injury accidents and property damage only
accidents. He said that paperwork is created for each accident reported to the Police
Department.
In response to Council, Bob Johnson, Deputy City Engineer, described the consultant’s
responsibilities and the public input process for the creation of a conceptual report for
potential speed reduction measures on La Costa Avenue. Mr. Johnson said that staff
has already received much public input regarding the residents’ concerns. He said that
staff does not recommend stop signs at every intersection on La Costa Avenue.
In response to Council, Mr. Johnson explained the amount of work and cost for staff to
produce the report and that some portions of the report could not be done by staff.
In response to Council, Mr. Johnson reviewed the California Vehicle Code regarding
speed traps. He explained that if the speed limit were set too low, the judge would
review the Engineering and Traffic Survey and throw a speeding ticket out of court.
The police officer would be admonished not to return with another citation until the
speed limit was changed to reflect the findings of the Engineering and Traffic
Survey. Mr. Johnson explained that then a lack of enforcement begins and people
drive as fast as they desire.
Mr. Johnson said that the City does not install speed humps on public streets. However,
he suggested that the consultant be directed to review traditional traffic calming
measures. He explained that arterial road traffic calming is very difficult to achieve and
opportunities are very limited.
Mayor Pro Tem Finnila said that since there are few structural changes that can be
done on La Costa Avenue and there are limited choices for calming an arterial road,
perhaps a joint effort of city staff and a consultant, could result in a conceptual report
for a speed reduction program on the portion of La Costa Avenue where homes front
the road. She said that public input into the process is important.
Council Member Packard asked what staff expects the consultant to accomplish. Mr.
Johnson said this is one of the concerns that staff has because there is no guarantee
that the consultant would identify a solution to take care of all the issues on La Costa
Aven ue .
Council Member Kulchin said she could not support appropriating funds and authorizing
staff to seek proposals for a consultant to develop a conceptual program for potential
speed reduction measures on La Costa Avenue. She said she would like to see staff
continue the dialogue with the residents and work on a solution to the residents’
concerns.
Mayor Lewis said he would not support the concept of changing La Costa Avenue from
an arterial road designation. He said that Levante Street should retain a residential
street designation. Mayor Lewis said that the need for stop signs on La Costa Avenue
should be reviewed and we should enforce rules and regulations.
June 3,2003 Carlsbad City Council Meeting Page 5
Council Member Hall spoke of the importance of staff receiving public input prior to the
creation of a study. He said that public input would also be important at the completion
of the study. Council Member Hall said he would be willing to retain a consultant to
address the issues on La Costa Avenue.
Mayor Lewis said he concurred with Council Member Hall’s comments and would
support the study.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2003-1 37, authorizing the development of a
conceptual report for potential speed reduction measures on La
Costa Avenue between El Camino Real and Rancho Santa Fe
Road and appropriating funds.
AYES: Lewis and Hall.
NOES: Finnila, Kulchin and Packard.
MOTION FAILED.
ACTION: On a motion by Council Member Kulchin, Council directed staff to
continue the dialogue with the citizens to consider their concerns
regarding La Costa Avenue and return to Council with a report,
including the aspects that staff can not perform. The possibility of
retaining a consultant to perform work beyond the capabilities of
staff could be considered at a later date.
AYES: Finnila, Kulchin and Packard.
NOES: Lewis and Hall.
MOTION CARRIED.
ORDINANCE FOR ADOPTION:
9. AB #17,191 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE
CHAPTER 11.24 EXTENDING THE TERMS OF THE INTERIM PLAN TO
FACILITATE ERADICATION OF CAULERPA TAXlFOLlA IN THE AGUA
HEDIONDA LAGOON.
Council Member Kulchin said she had reviewed the tape of the May 20th Council
Meeting and was prepared to vote on the adoption of Ordinance No. NS-661.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINNACE NO. NS-661, amending Chapter 11.24 of the
Carlsbad Municipal Code to aid in the survey and eradication of
Caulerpa Taxifolia in Agua Hedionda Lagoon.
AYES:
NOES:
Lewis, Finnila, Kulchin, Hall and Packard.
None.
June 3,2003 Carlsbad City Council Meeting
PUBLIC COMMENT:
Page 6
Thomas J. Dempsey, 3641 Esplanade Street, Oceanside, said that Buena Vista Creek
needs to be protected from dust and dirt created by development projects.
PUBLIC HEARINGS
IO. AB #17,192 - HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT - CASE NO. ZCA 02-04/LCPA 02-08.
Jennifer Coon, Associate Planner, presented the staff report and reviewed a Power
Point presentation (on file in the City Clerk’s Office).
Discussion ensued regarding parking requirements for senior housing. Mayor Pro Tem
Finnila said she would like staff to monitor recreation vehicle storage needs in senior
housing.
In response to Council, Ms. Coon said that the CC&R’s of a senior complex would state
that no onsite recreation vehicle storage is available. She noted that several recreation
vehicle storage facilities are located in Carlsbad.
In response to Council, Ms Coon explained that under Federal law, the surviving
spouse, regardless of age, could remain in senior housing. However, the caregiver of
the deceased would not be allowed to remain living in senior housing, if he or she did
not meet the age requirements.
Mayor Lewis opened the duly notice public hearing at 7:27 p.m. and asked if anyone
wished to speak on this matter in any way.
Robert Richardson, 2802 State Street, Suite C, said that parking requirements should
be appropriate for the particular type of housing product. He said that more parking
spaces should be required for larger units and units that house younger residents. Mr
Richardson said that emergency access should be required for housing and several
units in senior housing should have walk-in showers.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:32 p.m.
In response to Council, Ms. Coon said that staff is recommending a flat ratio for parking
requirements. She said that throughout the life of a project the number of bedrooms
and size of the units could be changed. However, a flat ratio for parking requirements
would provide a consistent parking space requirement, independent of changing factors
in the project. She said staff tried to meet the parking needs of senior citizens on the
average. In response to Council, Ms. Coon said that income is not a factor in
determining a potential resident’s qualification for senior housing.
Mayor Lewis said that the standards for senior housing are sensitive to the existing
area.
Mayor Pro Tem Finnila that she would like staff to monitor recreation vehicle storage in
projects and include language in the CC&R’s regarding recreation vehicle storage.
June 3,2003 Carlsbad City Council Meeting Page 7
Ron Ball, City Attorney, suggested that the following language be added under Section
9 - Recreational Vehicle Storage in Ordinance No. NS-662:
“If no RV storage is provided for housing for senior
citizens, the CC&Rs for the project shall clearly
specify that RV storage is not available.”
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-662, adopting a negative declaration and
addendum for a Zone Code Amendment and Local Coastal
Program Amendment to amend title 21 of the Municipal Code by
repealing the regulations for Senior Citizen Housing in Section
21.18.045; adding Chapter 21.84 to provide regulations for housing
for Senior Citizens that are construed in accordance with California
Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing
Act, and the Federal Code of Regulations Title 24 Sections
100.300to 100.308; amending various sections of Title 21 of the
Municipal Code to reference Chapter 21.84; amending the
Planning Developments Regulations in Chapter 21.45 to specify
what regulations are or are not applicable to housing for Senior
Citizens; amending Section 21.44.020(a)(9) of the parking
regulations to increase the parking requirement for housing for
Senior Citizens; and amending other various regulations relating to
housing for Senior Citizens for clarifications and consistency; and,
That the following language be added under Section 9 -
Recreational Vehicle Storage in Ordinance No. NS-662:
“If no RV storage is provided for housing for senior
citizens, the CC&Rs for the project shall clearly
specify that RV storage is not available.” And,
That staff monitor RV storage for senior
housing in order to determine the need for
such storage.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER
DISTRICT MEETING
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District Meeting
at 7:41 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
President Lewis adjourned to the remainder of the City Council Meeting at 7:42 p.m.
with all members present.
June 3,2003
RECESS
Carlsbad City Council Meeting Page 8
Mayor Lewis declared a recess at 7:42 p.m. Council reconvened at 750 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB # 17,193 - REPORT ON PROPOSED 2003-2004 TO BUILDOUT CAPITAL
IMPROVEMENT PROGRAM; RELEASE OF AVIARA PARKS AGREEMENT
LETTER OF CREDIT; AND, PROPOSED REVISIONS TO THE MASTER FEE
SCHEDULE
Helga Stover, Senior Accountant; Carrie Loya-Smalley, Senior Civil Engineer; and,
Maria Callander, Systems Administrator II, presented the staff report and reviewed a
Power Point presentation (on file in the City Clerk’s Office).
In response to Council, staff answered questions regarding potential funding sources
for the widening of El Camino Real. Staff also indicated that the construction of trails
with Larwin Park would be explored.
Mayor Lewis opened the duly notice public hearing at 8:31 p.m. and asked if anyone
wished to speak on this matter in any way.
Bonnie Wren, 3342 Camino Coronado, spoke of the need for a pool at Alga Norte Park.
Larry David, 7042 Fuerte Street, spoke in favor of the pool being built without delay.
Robert Wren, 3342 Camino Coronado, spoke of the need for a pool at Alga Norte Park.
Michael Zepeda, 2724 Naples Court, representing Carlsbad Pop Warner Board of
Directors, spoke of the need for youth sports fields. He said that lights need to be
added to existing fields for evening use.
Karen Merrill, 6901 Quail Place, #C, representing Preserve Calavera, spoke of the
importance of preserving open space.
Pat Kennedy, 6289 Paseo Privado, representing the Board of Directors for Friends of
Carrillo Ranch, said that the timetable for the construction of Phase 3 of Carrillo Ranch
should be accelerated.
Isabelle Kay, 9500 Gilman Drive, La Jolla, CA 92093-01 16, Manager of the Dawson
Preserve, spoke in support of using CIP funds for the acquisition of open space.
Dee Ann Gee, 2727 Spokane Way, spoke in support of the upgrade of traffic signals on
Marron Road. She asked that the traffic signals be coordinated with the ramp traffic
signals. Ms. Gee said that the Northeast Quadrant has too many traffic signals, which
creates a negative traffic flow. She asked that Council amend the budget to purchase
more open space in Carlsbad.
June 3,2003 Carlsbad City Council Meeting Page 9
Allison Rolfe, 2924 Emerson Street, Suite 220, San Diego, CA 921 06, representing
North County Open Space Coalition, said they would like the City to purchase land from
developers and designate the land permanent open space.
Kasey Cinciarelli, 2727 Lyons Court, said an open space fund should be created and
used to purchase land at today’s prices instead of waiting to purchase the land in the
future.
Rick Lantz, 2844 Wilson Street, said that the swimming pool at Alga Norte Park should
be built now.
Lisa Rodman, 3535 Simsbury, spoke of the need for a swimming complex now instead
of waiting until the year 2007.
Mark Mojado, P.O. Box I, Pala, CA 92069, representing the Mission San Luis Rey
Indians Tribe, spoke of the need for open space and preservation of cultural artifacts.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing
at 9:23 p.m.
Council Member Packard spoke of the importance of having the financial ability to
maintain and operate newly constructed city facilities.
In response to Mayor Lewis, Michael Holzmiller, Planning Director, presented an update
of the Multiple Habitat Conservation Plan, currently being reviewed by the Local Coastal
Commission.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-142, authorizing the Mayor to release the
Aviara Parks agreement Letter of Credit; and,
Council accepted the proposed 2003-2004 to Buildout Capital
Improvement Program Report and set the public hearing for June
17, 2003.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
Mayor Lewis declared a recess at 9:31 p.m. Council reconvened at 9:36 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED):
12. AB #17,181 - PALOMAR FORUM (CT 99-06) PROPOSAL FINDINGS.
Glenn Pruim, Deputy Public Works Director, presented the staff report and reviewed a
Power Point Presentation (on file in the City Clerk’s Office).
June 3,2003 Carlsbad City Council Meeting Page 10
Mr. Pruim discussed traffic considerations related to the proposal. He said that the
Growth Management Plan requires the City to monitor traffic conditions throughout the
City on an annual basis. Mr. Pruim said that in the 2003 Annual State of Effectiveness
Report, there was an identified traffic circulation failure at the intersection of Palomar
Airport Road and Melrose Drive (level of service “E”). He said the answer is to add a
third West Bound Lane on Palomar Airport Road. Mr. Pruim said that in addition, the
traffic model projects a failure along the fully improved Palomar Airport Road within
three to five years. He said the construction of Faraday Avenue would address the
issue. Mr. Pruim explained that without the third lane on Palomar Airport Road or
without the construction of Faraday Avenue, an interim project might be required to
address traffic concerns to fulfill the requirements of the Growth Management Plan.
Mayor Lewis asked if Melrose Avenue were developed and Faraday Avenue were not
developed, what would be the impact to the traffic in the overall area. Mr. Pruim said
the traffic circulation failure, which would occur at the intersection of Melrose Avenue
and Palomar Airport Road and along the Palomar Airport Road Corridor, would be
accelerated.
Mr. Pruim explained that if there were a Growth Management failure, with no plan in
place for correction, the Carlsbad City Council could cease the issuance of building
permits within the affected area. Mr. Pruim noted that the developers could offer to
participate in the solution.
In response to Council Member Kulchin, Lisa Hildabrand, Director of Finance, explained
that generally when Council requests financial guarantee for a project, the financial
guarantee is in the form of an assessment district or a CFD. She explained that those
districts guarantee that at some time, depending on the structure of the district, Council
will be able to raise the funds to pay for the road. Ms. Hildabrand said that under the
proposal before Council tonight, Palomar Forum would guarantee only 10% of the cost
of the Faraday Avenue extension. She said there is no guarantee that the additional
90% will be obtained to build the Faraday Avenue extension. In response to Council
Member Kulchin, Ms. Hildabrand said she was not aware of any other approved project
in Carlsbad with this type of arrangement. Ms. Hildabrand explained the difference
between a Letter of Credit and Bond.
In response to Mayor Pro Tem Finnila, Ms. Hildabrand said that by agreeing to
participate in the Community Facilities District (CFD), the developers indicate their
willingness to pay for their fair share.
In response to Council Member Kulchin, Mr. Pruim explained that affirmative votes are
needed by the property owners of The Forum, The Carlsbad Raceway and Carlsbad
Oaks North in order to create the Community Facilities District (CFD). Mr. Ball
explained that no agreement can compel the property owners to vote in favor of a CFD.
Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, representing
the owners of Palomar Forum, made a Power Point presentation (on file in the City
Clerk’s Office) explaining Palomar Forum’s proposal. He explained that the Carlsbad
Oaks Project has experienced further delays as a result of the US. Fish & Wildlife
Service receiving a 60-day extension to comment on the 404 permit. Mr. Hofman noted
that the extension will delay the formation of the CFD by an additional two months.
June 3,2003 Carlsbad City Council Meeting Page 11
Therefore, the earliest the CFD could form is sometime in 2004, assuming that the
lawsuit filed by the City of Vista against the City of Carlsbad is settled within a
reasonable amount of time. Mr. Hofman described the risks to the City of Carlsbad, in
the event that Palomar Forum declares bankruptcy. He said that if Palomar Forum is
not allowed to proceed with its first phase, then a likely scenario is that Palomar Forum
will declare bankruptcy; the Faraday Avenue CFD will be delayed by at least a year,
and probably more, if the Carlsbad Raceway or Carlsbad Oaks maps expire. Mr.
Hofman said that without the CFD proceeding, there is no financial guarantee that
Faraday Avenue will be completed. Mr. Hofman used his Power Point Presentation to
describe the capacity increase by the addition of a lane on Palomar Airport Road, CFD
costs and the Rancho Santa Fe pre-payment agreements.
Larry Nelson, representing Davis Partners (owner of the Palomar Forum project),
explained that their incentive to join the CFD is that they will have $2.5 million in bond
proceeds returned to them through the CFD for the building of public roads. Mr. Nelson
said in order to build the other half of their project, the CFD needs to be formed. Mr.
Nelson spoke in support of their request to proceed with their project.
Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera,
spoke of the importance of building a wildlife under crossing under Palomar Airport
Road.
Council and staff discussion ensued regarding the risk associated with the funds
allocated by SANDAG as part of the Regional Arterial Program.
Council Member Hall said he felt that the delay factor was the result of the City of
Vista’s lawsuit against the City of Carlsbad and the City of Vista’s unwillingness to settle
the lawsuit.
Mayor Pro Tem Finnila spoke in support of the Palomar Forum developers’ proposal.
She said that the third lane on Palomar Airport Road is needed. Mayor Pro Tem Finnila
said the Palomar Forum developers have made a good faith effort to have the financing
in place before the development occurs.
Mayor Pro Tem Finnila referred to correspondence from Davis Partners dated March
20, 2003 (included in the agenda bill). She said she would be willing to allow Palomar
Forum to proceed with their project, provided that they fulfilled the bullet points after
‘I.. . If this proposal is approved, then Palomar Forum would provide the following:. . .”,
including the following additional bullet point:
The construction of Melrose and the construction of the open
space lot and the construction of Street “C” would follow the
City of Carlsbad’s schedule.
In response to Council Member Kulchin, Larry Nelson representing Davis Partners
(owner of the Palomar Forum project), explained that the difference between a bond
and a letter of credit, from a developer’s perspective.
Council Member Kulchin said she could not support the three findings, identified in the
agenda bill, allowing Palomar Forum to proceed with their project at this point in time.
Page 12 June 3,2003 Carlsbad City Council Meeting
She expressed concern for potential liability that would be assumed by the City of
Carlsbad.
Council Member Hall said he concurred with Mayor Pro Tem Finnila comments and
could support the three findings.
Council Member Packard said that the City would be in a better situation if Council
approved the three findings, than if Council did not approve the findings. Council
Member Packard spoke in support of allowing the Palomar Forum project to proceed.
Mayor Lewis disagreed and explained why he felt that in the long run, there would be
great liability exposure to Carlsbad. He said that he could not make the three findings
at this time.
Mayor Pro Tern Finnila requested that the correspondence from the County of San
Diego dated June 2, 2003 addressed to Ted Tchang be entered into the record. A fax
copy of this correspondence is on file in the Office of the City Clerk. The subject of this
correspondence is McClellan-Palomar Airport - Faraday Avenue Extension Mitigation
Ground Lease and Easement.
ACTION: On a motion by Mayor Pro Tem Finnila, Council accepted
Pa lo mar Forum developers’ proposal for com p lia nce with
the conditions of approval for the approved Tentative
Map, with the inclusion that the construction of Melrose,
the construction of the open space lot, and the
construction of Street “C” will follow the City of Carlsbad’s
schedule.
AYES: Finnila, Hall and Packard.
NOES: Lewis and Kulchin.
13.
14.
AB #I 7.1 94 - HISTORIC PRESERVATION COMMISSION APPOINTMENT
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-143, appointing German Gutierrez to the
Historic Preservation Commission.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
AB #17,195 -TRAFFIC SAFETY COMMISSION APPOINTMENT
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-144, appointing Steve Dorsey to the
Traffic Safety Commission.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
June 3,2003 Carlsbad City Council Meeting Page 13
COUNCIL REPORTS AND COMMENTS:
Council Member Packard announced that Council Agendas, Council Minutes, Council
Ordinances, Council Resolutions, Deeds, Maps and Drawings are now available at
www.docpu b. ci .carlsbad .ca. us.
Council Member Hall said he along with Council Member Kulchin and Council Member
Packard attended a conference in Plano, Texas.
Mayor Pro Tem Finnila said the Citizens’ Workshop regarding the Budget would be held
on June 12, 2003, from 500 p.m. to 6:OO p.m. at 1635 Faraday Avenue.
Mayor Lewis gave an update on water issues.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 3, 2003, was adjourned at 10:17 p.m. A- ORRAl E M. WOOD, CMC
Janice $ reitenfeld, CMC
Deputy City Clerk