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HomeMy WebLinkAbout2003-06-17; City Council; Minutes (2)MINUTES MEETING OF : DATE OF MEETING: JUNE 17,2003 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: Mayor Lewis offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Kulchin led the Pledge of Allegiance. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I and #2 as follows: AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB # 17,202 -APPROPRIATE FUNDING FOR ARTSPIASH 2004 FROM THE FISCAL YEAR 2002/2003 BUDGET. Council adopted RESOLUTION NO. 2003-148, approving the appropriation of funds from the FY 02/03 budget for ArtSplash 2004; disbursing said funds to the Carlsbad Arts Associates to administer; and authorizing the City to provide in- kind services for the September 2004 Artsplash event. 2. AB #17,203 -ANNEXATION OF PROPERTY TO COMMUNITY FClLlTlES DISTRICT NO. 1. Council adopted RESOLUTION NO. 2003-149, certifying the results of the election and adding the Lynn property to Community Facilities District No. 1: Annexation No. 02/03-04. June 17,2003 Carlsbad City Council Meeting Page 2 PUBLIC COMMENTS: Jim Swab, 3640 Adams Street, discussed his concerns regarding code enforcement issues. PUBLIC HEARINGS 3. AB #17,204 - SECOND DWELLING UNIT ORDINANCE - ZCA 92-04(B)/LCPA 03- - 02. Chris Decerbo, Principal Planner, presented the staff report. In response to Council, Mr. Decerbo explained that under the code, the owner must occupy either the main home or the second dwelling unit. In response to Council, Ron Ball, City Attorney, said that if a request for a discretionary Second Dwelling Unit permit were denied, the applicant could request that Superior Court review the decision. Mr. Ball said that there would be no administrative appeals available through the City. In response to Council, Mr. Decerbo explained the parking requirements for single- family residences. Mayor Lewis opened the duly noticed public hearing at 6:15 p.m. and asked if anyone wished to speak on this matter in any way. No one asked to be heard, so the Mayor closed the public hearing at 6:15 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-663 amending Title 21 of the Carlsbad Municipal Code by amending various chapters and sections to allow second dwelling units proposed outside of the Coastal Zone to be considered ministerially without discretionary review or a public hearing and second dwelling units proposed within the Coastal Zone to be considered as Minor Coastal Development Permits but without a public hearing; and, Council adopted RESOLUTION NO. 2003-150 approving a Local Coastal Program Amendment to amend various chapters and sections of Title 21 , the Carlsbad Zone Code, and to revise the City’s permit process requirements for second dwelling units to comply with amended State Government Code Section 65852.2 AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. June 17,2003 Carlsbad City Council Meeting Page 3 ADJOURNMENT TO CITY COUNCIL/MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING: Mayor Lewis adjourned to the City CounciVMunicipal Water District and Housing and Redevelopment Commission Joint Special Meeting at 6:16 p.m. All members were present. RECONVENE CITY COUNCIL MEETING Mayor/President/Chair Lewis adjourned to the remainder of the City Council Meeting at 8:46 p.m. with all members present. RECESS: Mayor Lewis declared a recess at 8:46 p.m. Council reconvened at 851 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 5. AB # 17,206 - CARLSBAD HABITAT MANAGEMENT PLAN (HMP) (LCPA 02- 10) SUGGESTED MODIFICATIONS/HMP ADDENDUM NO. 211MPLEMENTING AGREEMENT (IAYAND MHCP EIR ADDENDUM. Michael Holzmiller, Planning Director, and Don Rideout, Principal Planner, presented the staff report and recommendations. Mr. Rideout said that staff is recommending that Council approve the revision to LCPA 02-10, as identified in memos to Council dated June 13 and 17, 2003 (both are on file in the Office of the City Clerk). Mr. Rideout reviewed the memos and explained that the Coastal Commission would like revisions to Attachment A to Resolution No. 2003-154 and Attachment B to Resolution No. 2003- 155. Mr. Rideout said today Council received correspondence from the Sierra Club indicating that they would like to provide comments on the consistency with the MHCP and the Implementing Agreement. This correspondence is signed by Mary H. Clarke and is on file in the City Clerk’s Office. Mr. Rideout noted that Wildlife Agencies and the public have not yet commented on the draft Implementing Agreement that has been incorporated in tonight’s agenda bill. Mr. Rideout explained that staff proposes to meet with the Wildlife Agencies and all interested parties regarding the Implementing Agreement and receive their comments. He noted that afterwards, there would be an additional 30-day public comment period that will occur when the U.S. Fish and Wildlife Services publishes its notice in the Federal Register. Mayor Pro Tem Finnila referred to the June 17‘h memo, as mentioned above by Mr. Rideout, and noted that Council had previously agreed to the proposed language and that the memo did not contain any new requirements. June 17,2003 Carlsbad City Council Meeting Page 4 In response to Council, Mr. Holzmiller explained that when the Coastal Commission intervened approximately three years ago, there was one final 30-day public comment period remaining. Mr. Holzmiller noted that the 35 comments received during the last public comment period would be published during the final 30-day public comment period. During the final 30-day public comment period, the public would have the opportunity to comment on the responses as well as the opportunity to comment on the Implementing Agreement. In response to Council, staff explained that the golf course and HMP are tied together. Mayor Pro Tem Finnila asked that correspondence dated June 16, 2003 from Peterson & Price (on file in the City Clerk’s Office) be entered into the record. Carolyn Martus, 3685 Harding Street, representing North County Open Space Coalition, said they look forward to working with the City during the public comment period. David Lee Soanes, 6378 Paseo Potrero, landscape architect and land planner, said his firm continues to dispute the habitat description on the property owned by Bob Kevane as southern maritime chaparral. Chris Connolly, Peterson & Price, 703 Palomar Airport Road, Suite 200, legal representative for the Krasnow and Kevane Families, expressed concern that plant life on his clients’ property has been incorrectly identified as Southern Maritime Chaparral and the identification is not based on biology. Mr. Connolly said the recharacterization of the land as being environmentally sensitive has resulted in a taking of his clients’ property. He asked that his clients’ property be excluded from the HMP to afford his clients the opportunity to present a scientific explanation as to why the plant life is not Southern Maritime Chaparral. In response to Council, Ron Ball, City Attorney, said that litigation, filed by Mr. Connolly, is pending. Mr. Ball said that plant identification was considered during the adoption of the environmental documents for the HMP. Michael Holzmiller, Planning Director, said that HMP shows Southern Maritime Chaparral on the property referred to by Mr. Connolly. He said that the biologists for U.S. Fish & Wildlife Service and the California Department of Fish & Game believe that Southern Maritime Chaparral exists on the property belonging to Mr. Connolly’s clients. Mr. Holzmiller noted that the biologist representing the property owners disagrees. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-154, approving a Local Coastal Program Amendment, to acknowledge and adopt the California Coastal Commission suggested modifications for LCPA 02-1 0, including the proposed revisions suggested by the Coastal Commission and identified as Attachment “A; and, June 17,2003 Carlsbad City Council Meeting Page 5 Council adopted RESOLUTION NO. 2003-1 55, approving an amendment to the Second Addendum to the Carlsbad Habitat Management Plan to incorporate modifications required by the California Coastal Commission, including the proposed revisions suggested by the Coastal Commission and identified as Attachment “B”; and, Council adopted RESOLUTION NO. 2003-1 56, approving revisions to the Implementation Agreement (IA) for the Carlsbad Habitat Management Plan to update the agreement and to authorize the Mayor to sign the agreement when it is finalized with the U.S. Fish and Wildlife Service and the California Department of Fish and Game; and, Council adopted RESOLUTION NO. 2003-1 57, approving an Addendum to the Final Environmental Impact Report for the North County Multiple Habitat Conservation Plan (MHCP) to address amendments to the Carlsbad Habitat Management Plan and Associated Documents. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. COUNCIL REPORTS AND COMMENTS: Mayor Pro Tem Finnila announced that the Agua Hedionda Lagoon Foundation would be having a Clean Up Day on June 21 , 2003 from 8:30 a.m. to 12:30 p.m. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, June 18,2003 - 11 a.m. Carlsbad City Council Study Session City of Carlsbad Faraday Center 163 5 Faraday Avenue Carlsbad, California CITY MANAGER COMMENTS: None. June 17,2003 Carlsbad City Council Meeting Page 6 CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of June 17, 2003, was adjourned at 9:25 p.m. &;kw 0 WINE M. WOOD, CMC City Clerk Janice Breitenfeld, CMC Deputy City Clerk