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HomeMy WebLinkAbout2003-10-07; City Council; Minutes (2)MINUTES MEETING OF : DATE OF MEETING: OCTOBER 7,2003 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: Kulchin. Lewis, Finnila, Hall and Packard. LEGISLATIVE INVOCATION: Mayor Lewis offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. PRESENTATION: Ray Patchett, City Manager, introduced Tom Zoll as the new Police Chief. Lorraine Wood, City Clerk, administered the loyalty oath to Chief Zoll. RECESS: Mayor Lewis declared a recess at 6:20 p.m. Council reconvened at 6:23 p.m. with all Council Members present except Council Member Kulchin. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were unanimously approved as presented (Council Member Packard abstained from approval of the September 11 , 2003 minutes): Minutes of the Special Meeting held September 9, 2003. Minutes of the Regular Meeting September 9, 2003. Minutes of the Special Meeting held September 11, 2003. October 7,2003 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #IO, with the exception of Item #I, #7, #9 and #IO, as follows: AYES: Lewis, Finnila, Hall and Packard. NOES: None. ABSENT: Kulchin. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17,330 - AGREEMENT FOR COMMUNITY PROMOTION SERVICES. This item was pulled for discussion. 2. AB #17,331 -APPLICATION TO THE CALIFORNIA LIBRARY LITERACY ’ SERVICE FOR THE ADULT LEARNING PROGRAM. Council adopted RESOLUTION NO. 2003-257, approving the application for a grant from the California Library Literacy Services Act funds. 3. AB #17,332 -AGREEMENT FOR PROFESSIONAL SERVICES FOR THE WIDENING OF EL CAMINO REAL - PROJECT NO. 3908. Council adopted RESOLUTION NO. 2003-258, approving a Professional Services Agreement with Boyle Engineering Corporation to provide professional services for the widening of El Camino Real. 4. AB #17,333 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF LARRY JOHNSON. Council adopted RESOLUTION NO. 2003-259, authorizing the expenditure of funds for settlement of the Workers’ Compensation Claims of Larry Johnson. 5. AB #I 7,334 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC SIGNAL AT ALGA ROAD AND XANA WAY - PROJECT NO. 3893-1. Council adopted RESOLUTION NO. 2003-260, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of a traffic signal at Alga Road and Xana Way. 6. AB #17,335 - REJECTION OF ALL BIDS AND AUTHORIZATION TO RE- ADVERTISE FOR BIDS FOR CONSTRUCTION OF THE CANNON ROAD LIFT STATION - PROJECT NO. 3583. Council adopted RESOLUTION NO. 2003-261, rejecting all bids and authorizing the City Clerk to re-advertise for bids for the construction of the Cannon Road Lift Station. October 7,2003 Carlsbad City Council Meeting CONSENT CALENDAR (CONTINUED): Page 3 7. AB #17,336 - FINAL MAP FOR CARLSBAD TRACT 01-06, CALAVERA HILLS PHASE II -VILLAGE “X’. This item was pulled for discussion. 8. AB #17,337 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS - PROJECT NO. 3839. Council adopted RESOLUTION NO. 2003-263, awarding a contract to Don Hubbard Contracting Company for the construction of Sunnyhill Drive Drainage Improve men ts . 9. AB #17,340 -AWARD OF CONSTRUCTION CONTRACT FOR SWIM COMPLEX FILTRATION AND HEATING REPLACEMENT. This item was pulled for discussion. 10.AB #17,342 -AGREEMENT FOR REDESIGN AND CONSTRUCTION PHASE ARCHITECTURAL SERVICES FOR AVIARA COMMUNITY PARK. This item was pulled for discussion. DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #17,330 - AGREEMENT FOR COMMUNITY PROMOTION SERVICES. Council Member Hall asked that this item be continued to a meeting when a full Council could be present. Mayor Lewis said that although he felt that only one agency should provide tourism in Carlsbad, he would vote in the affirmative, so this agenda item would not need to be con tin ued . In response to Mayor Pro Tem Finnila, Ron Ball, City Attorney, explained that Council previously approved this agenda in concept and directed staff to return with documents to memorialize the decision. He said that on September 23, 2003, Council continued the approval of the documents to this meeting. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-256, authorizing the Mayor to execute an agreement with the San Diego North Convention and Visitors Bureau (SDNCVB). AYES: Lewis, Finnila and Packard. NOES: Hall. ABSENT: Kulchin. October 7,2003 Carlsbad City Council Meeting Page 4 7. AB #17.336 - FINAL MAP FOR CARLSBAD TRACT 01-06, CALAVERA HILLS PHASE II - VILLAGE “X”. Ron Ball, City Attorney, presented the staff report. Mr. Ball noted that the grading permit for Village H is not on the agenda this evening and is subject to another process. He said that Chapter 15.16 of the Carlsbad Municipal Code would apply to Village H and the City Engineer would issue the grading permit. Mr. Ball said the decision of the City Engineer to issue the grading permit on Village H is appealable to Council within 10 calendar days of the decision. Mayor Lewis reiterated that activity relating to Village H is not on this agenda. He asked that anyone wishing to address Council regarding Village H do so under the Public Comment portion of tonight’s agenda. In response to Council, Mr. Ball explained that if dirt were moved from Village X to another location, then the grading permit would be processed under Chapter 15.16 of the Carlsbad Municipal Code and a separate proceeding would be required. Mr. Ball reiterated that this agenda item only addresses Village X. In response to Council, Bob Wojcik, Deputy City Engineer, said that the developer for Calavera Hills has indicated that dirt will be coming from the mass grading permit that has already been issued for the Master Plan and the specific area that will be exporting to Village H is the future Village W, which is to the Northeast of Village X. Mr. Wojcik said that the permit that will be issued for Village H is a grading permit and is not a stockpile permit. Jeannine Menges, 2061 Truesdell Lane, said she owns property at 2835 Hillsboro Court, adjacent to Village H. She said that she would express her concerns regarding Village H under the Public Comment portion of the agenda. Andrew Chapman, 2806 New Castle Way, asked if the connection between Village X and Village H is at issue. He asked if the dirt that would be imported to Village H is only coming from Village W. In response to Council, Mr. Wojcik said that the dirt is coming from the mass-grading permit that was issued for the Master Plan. He said that the mass grading permit allows the rough grading of basically, the entire remaining Calavera Hills Master Plan area. Mr. Wojcik said that since Village W has not yet been approved, a Specific Grading Permit to grade for Village W has not been applied for or issued yet. He said that the dirt would be imported from the future Village W location. In response to Council, Mr. Patchett offered clarification and said that a mass-grading permit has been issued. Grading will occur in many of the Villages and dirt will be moved around. One of the parts of the grading will be Village W. Mr. Patchett said as a part of the mass-grading permit that has been issued, the dirt from Village W, apparently, would be taken to Village H. October 7,2003 Carlsbad City Council Meeting Page 5 Council Member Hall said that Resolution No. 2002-016 states that the Council would have final review over Village H. He understood that Village H would remain undisturbed until Council’s review of Village H. Mr. Wojcik reiterated that issuance of a grading permit by the City Engineer is appealable to the City Council, within IO calendar days of the City Engineer’s decision. Mr. Wojcik said that the grading plans would be completed with plan check within approximately 2-3 weeks. In response to Mayor Lewis, Mr. Wojcik said that those who speak tonight would be provided with appropriate information regarding the date of the grading permit issuance. Council Member Packard said that tonight’s Council action, with regards to Village X, has no impact on a decision regarding Village H. Mr. Wojcik concurred. Mayor Lewis noted that Council received a memo from Mr. Wojcik regarding the January 15,2002 Council meeting when Calavera Hills Phase II was discussed and also correspondence from Eugenia Orlowski (both are on file in the City Clerk’s Office.) ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-262, Approving the Final Map for Carlsbad Tract CT 01-06, Calavera Hills Phase II -Village “X”, and Authorizing the City Clerk to Process the Map for Recording. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. 8. AB #17,340 -AWARD OF CONSTRUCTION CONTRACT FOR SWIM COMPLEX FILTRATION AND HEATING REPLACEMENT. Council Member Packard expressed concern that the bids received for this project were excessive. He suggested that Council reject all bids at this time and go out to rebid in six months. Council Member Packard offered a motion, seconded by Council Member Hall, to reject all bids at this time and go out to rebid in six months. Mayor Lewis asked for staffs comments. Carl Pope, Aquatics Supervisor, explained the challenges in finding a time of year to close the pool for repairs with minimal impact to pool users. Mr. Pope that after discussing the issue with the pool users, it was determined that November/December would be the best time of year to make the pool repairs. He noted that original pool equipment is still in use and that the equipment is beginning to fail. Mr. Pope said that an unplanned pool closure could have a large negative impact on the community. Scott Bradstreet, Park Planner, said that only two bids for this project had been received. He said that per Council’s direction, a better bid could be pursued or the October 7,2003 Carlsbad City Council Meeting Page 6 repairs delayed to NovembedDecember 2004. However, he questioned if the pool equipment could last for another year and expressed concern that a catastrophic equipment failure could close the pool for six months. Council Member Hall said that he was not willing to delay the repairs for another year and withdrew his second on the motion. Council Member Packard said that he now understands the potential impact to the community. Council Member Packard withdrew his motion. ACTION: On a motion by Council Member Packard, Council adopted RESOLUTION NO. 2003-265, Awarding the Swim Complex Filtration and Heating Replacement Contract to California Commercial Pools, Project No. 38981, and Authorizing the Appropriation of Additional Project Funding. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. 10.AB #17,342 -AGREEMENT FOR REDESIGN AND CONSTRUCTION PHASE ARCHITECTURAL SERVICES FOR AVIARA COMMUNITY PARK. Council Member Packard said that he felt the bids were excessive and he could not support this agenda item. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-266, approving an Agreement for Redesign and Construction Phase Architectural and Engineering Services for Aviara Park. AYES: Lewis, Finnila and Hall. NOES: Packard. ABSENT: Kulchin. ORDINANCE FOR ADOPTION: 11 .AB #17,338 - SPEED LIMIT ON A PORTION OF CANNON ROAD. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-674, Amending Title IO, Chapter 10.44, of the Carlsbad Municipal Code by the Amendment of Section 10.44.380 to Establish a Prima Facie 50 Mile Per Hour Speed Limit Upon Cannon Road from Paseo Del Norte to its Intersection with El Camino Real. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. October 7,2003 Carlsbad City Council Meeting Page 7 PUBLIC COMMENTS: Earl Gillian, 3733 Bennington Court, spoke against dumping dirt in the Village H canyon of Calavera Hills. He expressed concern that the dumped dirt would negatively affect the drainage on his property. Jim Lyons, 2880 Sanford Lane, representing the Home Owners’ Association of The Crest, expressed concern that dirt will be dumped on Village H of Calavera Hills. He said that they oppose the process of fill and grade. Mr. Lyons said that his Home Owners’ Association needs more information in order to understand the development process. He said that they are concerned about the residents who live adjacent to Village H. Andrew Chapman, 2806 New Castle Way, requested that a Council item, specifically addressing Village HI be placed on a future agenda. He said that a community facility within Village H does not need to include a building. Gigi Orlowski, 3729 Bennington Court, requested that a Council item, specifically addressing Village HI be placed on a future agenda, which would include discussion of all potential permits. She said that she had previously submitted correspondence detailing concern for liability and drainage issues within the Crest Home Owners’ association, adjacent to Village H (on file in the City Clerk’s Office). She noted that her Home Owner’s Association has retained the services of an engineer to monitor the movement of the hillside and cracks in the house foundations within the Crest Home Owner’s Association. Bruce Grouse, 3729 Bennington Court, expressed concern that dirt will be dumped on Village H. He expressed concern that 120 Eucalyptus Trees would be removed to build roads on which dump trucks would bring dirt to the canyon within Village H. In response to Council, Mr. Ball said that Resolution 2002-016 is still in force. PUBLIC HEARINGS 12.AB #17,339 - ZCA 00-02/MCA 03-01/LCPA 00-09 -VARIOUS CODE CHANGES Scott Donnell, Associate Planner, presented the staff report. He also reviewed a Power Point presentation (on file in the City Clerk’s Office). Mayor Pro Tem Finnila asked what kind of criteria is used by the Planning Department to determine whether subdivisions can have pan-handled lots. Mr. Donnell said that the Zoning Code identifies lot size standards. In response to Mayor Lewis, Michael Holzmiller, Planning Director, presented a brief history of pan-handled lots. He said that the Planning Commission is authorized to approve development project that have less than 50 units. Mr. Donnell reviewed the Planning Commission’s recommendation, as identified in the Council agenda bill for this agenda item. October 7,2003 Carlsbad City Council Meeting Page 8 Mayor Lewis opened the duly noticed public hearing at 7:27 p.m. and asked if anyone wished to speak on this item in any way. Seeing no one wishing to speak, Mayor Lewis closed the public hearing at 7:28 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-264, adopting a Negative Declaration for (1) a Zone Code Amendment and Local Coastal Program Amendment to amend Title 21 of the Municipal Code by amending various sections affecting the review and processing of land use applications, including: (1) revising and standardizing variance findings and the appeal process for many land use projects; (b) revising and clarifying some review procedures and development standards; (c) replacing and repealing outdated or superseded names and titles; (d) repealing density provisions inconsistent with the General Plan; and (e) adding a definition for wireless communication facilities and incorporating a city policy on the same; and (2) a Municipal Code Amendment to (a) replace in various Municipal Code sections “Building and Planning Director”, “Director of Building and Planning”, “Land Use Planning Manager”, “Land Use Planning Office”, and “Principal Building Inspector” with current titles; and (b) amend Municipal Code Sections 19.04.080B., 19.04.1 IOA., and 19.04.170 regarding appeal procedures; and, Council introduced ORDINANCE NO. NS-675, amending the Local Coastal Program and Title 21 of the Municipal Code by amending various sections affecting the review and processing of land use applications, including: (I) revising and standardizing variance findings and the appeal process for many land use projects; (2) revising and clarifying some review procedures and development standards; (3) replacing and repealing outdated or superseded names and titles; (4) repealing density provisions inconsistent with the General Plan; and (5) adding a definition for wireless communication facilities and incorporating a city policy on the same; and, Council introduced ORDINANCE NO. NS-676, amending the Carlsbad Municipal Code to (1) replace in various Municipal Code Sections “Building and Planning Director”, “Director of Building and Planning”, “Land Use Planning Manager”, “Land Use Planning Office”, and “Principal Building Inspector” with current titles; and (2) amend Municipal Code Sections 19.04.080B., 19.04.1 1 OA., and 19.04.1 70 regarding appeal procedures. 4YES: Lewis, Finnila, Hall and Packard. - ES: None. SENT: Kulchin. October 7,2003 Carlsbad City Council Meeting Page 9 ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING: Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 7:29 p.m. with all members present, except Board Member Kulchin. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION. President Lewis adjourned to the Joint Special Meeting of the City Council and Housing and Redevelopment Commission Meeting at 8:03 p.m. with all members present, except Council Member/Commissioner Kulchin. ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION MayorIChair Lewis adjourned to the Special Meeting of the Housing and Redevelopment Commission Meeting at 8:05 p.m. with all members present, except Commissioner Kulchin. RECONVENE CITY COUNCIL MEETING Chair Lewis adjourned to the remainder of the City Council Meeting at 8:06 p.m. with all members present, except Council Member Kulchin. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #17,341- STORM WATER POLLUTION PROTECTION PROGRAM REGULATORY FEE STUDY REPORT. David Hauser, Deputy City Engineer, presented the staff report. He also made a Power Point presentation (on file in the City Clerk’s Office). Council Member Packard noted that the Storm Water Pollution Protection Program is an unfunded mandate. In response to Council, Ron Ball, City Attorney, explained that the State Legislature places the obligation to fund the unfunded mandates with local funding sources. October 7,2003 Carlsbad City Council Meeting Page 10 Council Member Hall said he would support staffs recommendation, but expressed concern that businesses would be paying more than other groups. ACTION: On a motion by Mayor Pro Tem Finnila, Council accepted the City of Carlsbad Storm Water Pollution Protection Program Regulatory Fee Study report dated September 12,2003 and scheduled a public hearing on October 21, 2003 to consider approval of a solid waste service fee increase and adoption of new storm water pollution prevention plan processing fees. AYES: Lewis, Finnila, Hall and Packard. NOES: None. ABSENT: Kulchin. PUBLIC COMMENT: Bob Wells, 3556 Sitio Baya, distributed photographs of the surrounding area of his home near La Costa Avenue (on file in the City Clerk’s Office). He requested that the City review the visual, sound and safety impacts related to the extension .of La Costa Avenue. Mr. Wells expressed concern that La Costa Avenue will be located 150 feet from his property line. Mayor Lewis requested Mr. Wells send his written concerns to the City Manager. Bob Simek, 3555 Sitio Baya, also distributed photographs of the area near his home and La Costa Avenue. He asked that a wall be built between La Costa Avenue and his neighborhood for noise and visual mitigation. He said that he would send his written concerns to the City Manager. Caitilin R. Malone, 3704 Azimuth Place, expressed concern that dirt will be imported and dumped on Village H, which adjoins existing homes. Marianne Hirschberg, 371 9 Bennington Court, expressed concern that dirt will be dumped on Village H. She asked if the dirt could be dumped on the North side of Village H, instead of on the property that adjoins existing homes. In response to Council, Ron Ball, City Attorney, said that land uses on Village H would be presented to the Planning Commission and then to Council for final approval. He said that grading issues would be considered under Chapter 15 of the Carlsbad Municipal Code and would be entirely within the jurisdiction of the City Engineer. Mr. Ball explained that Council has previously exercised discretion on the appropriate issues. He said that further Council action would depend on the timing of the permits for Village H. Ray Patchett, City Manager, suggested that staff meet with the concerned citizens to explain the development process. Council concurred. October 7,2003 Carlsbad City Council Meeting COUNCIL REPORTS AND COMMENTS: Page 11 Council Member Packard gave an update on the Encino Waste Water Plant renovation. Council Member Hall said he attended a “Kids Can Dream” event on October 5‘h. He also said that the North County Transit District would be doing work on the Agua Hedionda Bridge. Mayor Pro Tem Finnila said that SANDAG would be studying how to keep energy costs down. Mayor Lewis gave an update on desalination issues. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of October 7, 2003, was adjourned at 9:00 p.m. i/iOFjkAlNE M. WOOD, CMC Cit Clerk Janice Breitenfeld, CMC Deputy City Clerk