HomeMy WebLinkAbout2003-09-16; City Council; Minutes (2)MINUTES
MEETING OF :
DATE OF MEETING: September 16,2003
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Regular 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:
Bishop Angel offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
PROCLAMATIONS:
Mayor Lewis presented Chris Keays, representing the Daughters of the American
Revolution, declaring September 17-23, 2003 “Constitution Week”.
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: This is a motion to waive the reading of
the text of all ordinances and resolutions at this meeting.
1. AB # 17. 307- FINAL MAP FOR THOMPSONlTABATA SUBDIVISION
CARLSBAD TRACT - CT 98-14-1.
Council adopted RESOLUTION NO. 2003-240, approving the final map for the
ThompsonlTabata Subdivision, and authorizing the map to be recorded.
September 16,2003 Carlsbad City Council Meeting Page 2
2. AB #17,308 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2
Council adopted RESOLUTION NO. 2003-241 I initiating proceedings for the
formation of a Special Assessment District designated as Street Lighting and
Landscaping District No. 2; and, levying of annual assessments, and ordering
the preparation of an Assessment Engineer’s Report; and, Council adopted
RESOLUTION NO. 2003-242, approving a loan from the General Fund to cover
the formation costs of Street Lighting and Landscaping District No. 2, and
appropriating the funds.
ORDINANCE FOR ADOPTION:
3. AB #17,311- NO PARKING ZONE ON THE NORTH SIDE OF CASSIA ROAD
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-672, amending Title 10, Chapter 10.40, of
the Carlsbad Municipal Code by the addition of Section 10.40.128
to declare a no parking zone on the north side of Cassia Road from
Poinsettia Lane to its intersection with El Camino Real.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
PUBLIC COMMENTS:
Gloria Cook, 4575 Chelsea Court, expressed concern that a shopping center might be
built on El Camino Real near Robertson Ranch.
PUBLIC HEARINGS
4. AB #17,309 - ROBERTSON RANCH ZONE CHANGE - ZC 02-04
Eric Munoz, Senior Planner, presented the staff report and reviewed a Power Point
presentation (on file in the City Clerk’s Office). In response to Council, Mr. Munoz
explained the noticing requirement for public hearings and said that scoping meetings
would be held as the property is developed.
Mayor Lewis opened the duly noticed public hearing at 6:25 p.m. and asked if anyone
wished to speak on this matter in any way.
Brian Milich, Corky McMillin Companies, 2727 Hoover Avenue, National City, (the
developer), spoke in support of the zone change.
Gail Stidolph, 4814 Kelly Drive, asked that the City purchase the land and keep it as
open space in perpetuity because the traffic on El Camino Real is already heavy.
Donald Miller, 461 0 Trieste, asked if there is a zoning designation that would exclude
commercial uses on the Robertson Ranch site.
September 16,2003 Carlsbad City Council Meeting Page 3
In response to Council, Mr. Munoz said that the General Plan spells out what will be
built on the Robertson Ranch in the future. Mr. Munoz described the land use
designations on the property. He explained that in order to remove the commercial
element from the Robertson Ranch property, the property owner would need to apply
for a General Plan Amendment.
Nikki Weaver, 4555 Essex Court, said that the City should purchase the Robertson
Ranch property and leave the entire property as open space. She said that the City of
Carlsbad does not need any more housing, shopping centers or grocery stores.
Dave Haddad, 4645 Trieste, suggested that the density of development be limited on
the Robertson Ranch property.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing
at 6:38 p.m.
In response to Council, Mr. Munoz said that at buildout, 40% of property within
Carlsbad’s city limits would remain open space.
Council Member Packard said that the city is doing a good job of retaining open space.
He said that the developer has an established track record of building quality homes.
Council Member Packard said he would support the zone change.
Council Member Hall spoke in support of the requested zone change. He described the
efforts made by the city to preserve open space. He noted that the city has a process
that involves the community in the planning of projects and he encouraged citizens to
participate in the future scoping process.
Council Member Kulchin spoke in support of the zone change. She noted that the zone
change is the first step of development and there will be several future opportunities for
public participation and input.
Mayor Pro Tem Finnila said that there are many quality assurances within the
development occurring in Carlsbad. She spoke in support of the zone change.
Mayor Lewis said he concurred with his colleague’s comments.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-673, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the city’s zoning
map to grant a zone change, ZC 02-04, from L-C to P-C; and from
L-C to RMHP on a 5.7-acre portion on the Robertson Ranch
Property generally located east of El Camino Real between
Tamarack Avenue and future Cannon Road in Local Facilities
Management Zone 14; and,
September 16,2003 Carlsbad City Council Meeting Page 4
Council adopted RESOLUTION NO. 2003-243, adopting a
Negative Declaration for a zone change to rezone a 5.7-acre parcel
of the 403+ acre Robertson Ranch property from L-C to RMHP;
and the balance of the property from L-C to P-C, generally located
east of El Camino Real between Tamarack Avenue and future
Cannon Road in Local Facilities Management Zone 14.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
5. AB #17,310 -ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE BOULEVARD
AND CANNON ROAD EAST).
Lisa Hildabrand, Director of Finance, and Galen Peterson, Assessment Engineer,
presented the staff report and made a Power Point presentation (on file in the City
Manager’s Office). Ms. Hildabrand described the public hearing procedure,
assessment ballot procedure and assessment ballot tabulation. She noted that the
noticing requirements were completed in accordance with the law.
Mr. Peterson presented and summarized the Assessment Engineer’s Report. He
explained the method and formula of assessment spread.
Ms. Hildabrand described the First Amendment to Acquisition/Financing Agreement and
Special Assessment District Disclosure Agreement.
Mayor Lewis opened the duly notice public hearing at 7:lO p.m. and asked if anyone
wished to speak on this matter in any way.
Brian Milich, Corky McMillin Companies, 2727 Hoover Avenue, National City,
representing Calavera Hills II, LLC, spoke in support of the formation of the
assessment district.
Seeing no one else wishing to address Council, Mayor Lewis closed the public
hearing at 7:11 p.m.
Lorraine Wood, City Clerk, opened the assessment ballots and announced that the
tabulation of the ballots has been completed. She said there were three ballots in
support of the levy of the assessments and zero ballots in opposition to the levy of
the assessments. Ms. Wood said since the number of ballots in support of the levy of
the assessments exceeds the number of ballots in opposition to the levy of the
assessments, there is no majority protest.
September 16,2003 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-244, approving the Final Report of the
Assessment Engineer, declaring the results of the assessment
ballot tabulation, confirming the assessments and ordering the
acquisition or construction of improvements, together with
appurtenances, in Assessment District No. 2003-01 (College
Boulevard and Cannon Road East); and,
Council adopted RESOLUTION NO. 2003-245, approving the form
of the First Amendment to the acquisition/financing agreement and
Special Assessment District Disclosure Agreement for Assessment
District No. 2003-01 (College Boulevard and Cannon Road East).
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 7:12 p.m. with all members present.
RECESS:
Mayor Lewis declared a recess from 7:15 p.m. to 7:21 p.m.
RECONVENE TO THE SPECIAL MEETING OF THE HOUSING AND
REDEVELOPMENT COMMISSION MEETING
President Lewis adjourned to the Special Meeting of the Housing and Redevelopment
Commission Meeting at 7:21 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Chair Lewis adjourned to the remainder of the City Council Meeting at 750 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
6. AB # 17,312 -ANNUAL REPORT OF INVESTMENT PORTFOLIO.
Jim Stanton, City Treasurer, presented the staff report and reviewed a Power Point
presentation (on file in the City Clerk’s Office). Discussion ensued between Council and
Mr. Stanton regarding that a portion of the portfolio has been previously committed to
capital improvement projects.
September 16,2003 Carlsbad City Council Meeting Page 6
ACTION: On a motion by Mayor Pro Tem Finnila, Council accepted and filed
the Annual Report of the Investment Portfolio.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
7. AB #17,313 - COMMUNITY ACTIVITY GRANTS PROGRAM.
Cheryl Gerhardt, Senior Accountant, Senior Accountant, presented the staff report and
reviewed a Power Point presentation (on file in the City Clerk’s Office).
After discussion, Council concurred to amend Policy No. 51 by incorporating “Special
Event Grants’’ and “Winning Teams Grants”. After discussion, Council concurred that
requests within these two areas shall be funded from the Council’s contingency account
and that all requests would be considered on a case-by-case basis.
Council concurred that “Special Event Grants” are to provide city funding for Special
Events which are of citywide interest and that the requests can be made any time of the
year and for a maximum of three years. Council concurred that the application process
will consist of the following: (I) Special event application; (2) Special Event Grant
supplemental application; (3) Approval of special event by special events committee;
and, (4) Allocation of funding by the City Council.
Council also concurred that “Winning Teams Grants” are to provide funding to youth
teams to offset the cost of travel expenses to national championship competitions and
can be requested any time of the year. Council concurred that the eligibility
requirements will be that (1) The participants are all 18 years of age or under; (2) The
group or team is an organized non-profit corporation or agency; (3) The request for
funding must be made prior to the date of the event; and, (4) At least 90% of the
participants in the team or group are residents of Carlsbad. Council concurred that the
application process will consist of the following: (1) Written request to Council; and, (2)
Allocation of funding by Council.
In response to Ms. Gerhardt, Council concurred to exclude social service programs and
educational institutions from the Community Activity Grants Program.
After discussion, Council concurred that the amount of funds to be allocated for the
Community Activity Grants would be determined annually during the budget process.
Ray Patchett, City Manager, said that staff would return on October 14fh with a
resolution amending Council Policy #51 as directed by Council.
RECESS:
Mayor Lewis declared a recess at 853 p.m. Council reconvened at 855 p.m. with all
members present.
Page 7 September 16,2003 Carlsbad City Council Meeting
DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED):
8. AB #17,314 - CITY GOAL ACCOMPLISHMENTS.
Jim Elliott, Director of Administrative Services, and Frank Mannen, Assistant City
Manager, reviewed a Power Point presentation describing the 2002-03 goal
accomplishments (on file in the City Clerk’s Office).
Council concurred to receive and file the report.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Wednesday, September 17,2003 - 11:OO a.m.
City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of Sepmber 16, 2003 was adjourned A
9:30 p.m. n
CMC
City Clerk
Deputy City Clerk