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HomeMy WebLinkAbout2003-10-28; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: OCTOBER 28,2003 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: The following Council Members were present. Present: Absent: None. Lewis, Finnila, Kulchin, Hall and Packard. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, Minutes of the following meetings were unanimously approved as presented (Council Member Kulchin abstained from approval of the October 7 and 14, 2003 minutes due to her absence.): Minutes of the Special Meeting held September 30, 2003. Minutes of the Special Meeting held October 7, 2003. Minutes of the Joint Special Meeting held October 7, 2003. Minutes of the Regular Meeting held October 7, 2003. Minutes of the Special Meeting held October 14, 2003. Minutes of the Regular Meeting held October 14, 2003. Minutes of the Special Meet'ing held October 15, 2003. Minutes of the Special Meeting held October 16, 2003. Minutes of the Special Meeting held October 20, 2003. RECESS: Mayor Lewis declared a recess at 6:Ol p.m. Council reconvened at 6:15 p.m. with all Members present. CONSENT CALENDAR: Item No. 1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmeG the action of the Consent Calendar, Items #I through #3, with the exception of Item #I , as follows: AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. October 28,2003 CARLSBAD CITY COUNCIL MEETMG CONSENT CALENDAR (continuedl Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17,355 - ACCEPTANCE OF DONATION. This item-was pulled for discussion. 2. AB #17,356 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on City investments as of September 30, 2003. 3. AB #17,357 - REJECTION OF CONSTRUCTION BIDS FOR LARWIN COMMUNITY PARK - PROJECT NO. 38561. Council adopted RESOLUTION NO. 2003-283, rejecting the construction bids for Larwin Community Park, and directing staff to seek Council approval to re-bid the project in 2004. DISCUSSION OF CONSENT CALENDAR ITEM: 1. AB #17,355 - ACCEPTANCE OF DONATION. Mayor Pro Tem Finnila reviewed the staff report and expressed appreciation to all of the vendors who made the donations to support the 2003 Carlsbad Triathlon. ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 2003-282, accepting donations of $6,910.00 in cash and $13,660.00 in merchandise and in-kind services for a total of $19,850 in support of the 2003 Carlsbad Triathlon. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. INTRODUCTION OF ORDINANCE: 4. AB #17,358 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE. Mayor Pro Tem Finnila said she would like the word “contiguous” inserted in Ordinance No. NS-677 to indicate that other land subject to a recorded perpetual easement should be contiguous. October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 3 ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-677, adding Chapter 20.22 to Title 20 of the Carlsbad Municipal Code authorizing creation of Environmental Subdivisions, including the insertion of the word “contiguous” on Page 2 of 3 of Ordinance No. NS-677, under Paragraph 4. b. between “other” and “land”. AYES: NOES: None. Lewis, Finnila; Kulchin, Hall an-d Packard. PUBLIC COMMENTS: Beth Vinas, 2960 Rancho Brasado, suggested that local merchants’ gift cards be donated to fire victims. Ms. Vinas was referred to staff. PUBLIC HEARINGS: 5. AB #17,359 -TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT FOR BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) -CT 02-14/PUD 02-06/CT 03-03/CP 03-03. Christer Westman, Senior Planner, presented the staff report. He also reviewed a Power Point presentation (not on file in the City Clerk’s Office). In response to Council, Mr. Westman described the advantages of incorporating alleys into housing projects. Mayor Lewis expressed concern that lights are not required in the alleys. Mr. Westman said that homeowners could choose to install motion detection lights on the outside of their homes. He said that at this time, the City does not require alleys to be lit. Mr. Westman said that formal applications for commercial construction on the Bressi Master Plan have not been submitted at this time. Mayor Lewis opened the public hearing at 6:37 p.m. and asked if anyone would like to speak on this matter in any way. Larry Clemons, representing Lennar Communities, 5870 Fleet Street, Suite 320, Carlsbad, made a Power Point presentation (not on file in the City Clerk’s Office), and spoke in support of the project. Mr. Clemmons said that the commercial property in the Bressi Master Plan has been sold. He said the new owner would wait until enough homes have been built in the project to support the retail venture in the project. Mr. Clemons said that Lennar Communities is actively working with the Episcopal Church to locate in Planning Area 13. Mr. Westman submitted a memo dated October 28‘h (on file in the City Clerk’s Office) offering suggested language to be included as a new condition for the project, as follows: “The Developer shall post notices at key locations on Lot No. 5 of CT 03-03 to October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 4 be the satisfaction of the Planning Director, disclosing that the property will be developed in the future as a commercial retail center”. Mr. Clemons said that Lennar Communities agrees with Mr. Westman’s suggested additional condition regarding posting of signs. Mr. Clemons said that they will have an information center on site and they will post signs stating that Palomar Airport is nearby. Mayor Lewis said he would like each dead-end street in the project to be posted indicating whether that street would ever be developed into a through street. In addition, Mayor Lewis said he would like signs posted stating that home owners’ associations will be established, that board of directors will establish fees and that those fees are subject to future increases. Mr. Clemons said that Lennar Communities would agree with the postings, as requested by Mayor Lewis. Mr. Clemons noted that the CC&R’s would state that home owners’ association fees may increase in the future. Don Connors, 921 Begonia Court, spoke in support of the project. Ronald Plachino, 6223 Paseo Colina, said that tile roofs should be required and that neighborhoods in this project should be far enough apart to create a natural firebreak. Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at 659 p.m. In response to Council, Mr. Westman said that all of the roofs in this project would be tile roofs. Pat Kelley, Building and Code Enforcement Manager, said that in 1997, Council adopted an ordinance prohibiting the use of combustible roofing materials. Mayor Lewis reiterated his concerns regarding lighting and signage. Council Member Hall and Council Member Packard spoke in support of the project. Council Member Kulchin spoke in support of the project and said she would like to see signage identifying the location of the Boys & Girls Club, industrial areas and the future church. Mayor Pro Tem Finnila spoke in support of the project and said that the installation of motion detection lights in the alleys should be optional. In response to Council, Ron Ball, City Attorney, explained that this is the appropriate time to add conditions to the project and language to the CC&R’s regarding increasing home owners’ association fees. He said that the resolutions presented tonight could be amended upon Council’s direction. Ray Patchett, City Manager, suggested that the requirement of lights in the alleys be conditioned to the approval of the Planning Director, after consultation with the Police Chief. October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 5 AYES: NOES: RECESS: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-284, approving a Tentative Tract Map and Planned Unit Development for Bressi Ranch Residential to subdivide 131 acres into 498 single family lots and 25 open space lots, approve twenty single-family residential floor plans and architectural elevations, and approve the floor plan placement on individual residential lots on property generally located south of Palomar Airport Road,-east of El Camino Real, North of the future extension of Poinsettia Lane and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17; and Council adopted RESOLUTION NO. 2003-285, approving a Tentative Tract Map and Condominium Permit for Bressi Ranch Affordable Housing to subdivide 26.53 acres into 5 lots, approving floor plans and architectural elevations for 10 condominium buildings each containing 10 residential condominium units, and approve a project site plan on property generally located south of Palomar Airport Road, east of El Camino Real, north of the future extension of Poinsettia Lane and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17; and, That both resolutions shall be amended to reflect that the developer shall provide alley lighting in Planning Areas 7 and 8 after consultation with the Police Chief and to the satisfaction of the Planning Director; and, That the CC&R’s shall include language explaining that a home owners’ association will be formed, fees will be established by the home owners’ association’s board of directors, and that those fees are subject to future increases by the board of directors; and, That both resolutions shall be amended to reflect the requirement of the posting of signs on all non-residential property within the Bressi Ranch Master Plan disclosing future development on that non-residential property. Lewis, Finnila, Kulchin, Hall and Packard. None. Mayor Lewis declared a recess at 7:16 p.m. Council reconvened at 7:25 p.m. with all members present. October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 6 PUBLIC HEARINGS (continued): 6. AB #17,360 -TWIN D RECYCLED WATER PUMP STATION ZONE CHANGE - ZC 03-07/LCPA 03-08. Ron Ball, City Attorney, recommended that this item be returned to staff. However, since it is a public hearing, Mr. Ball suggested that the Mayor open the public hearing for this agenda item. He said this agenda item would be subject to renoticing. Mayor Lewis opened the public hearing at 7:26 p.m. and asked if anyone wished to speak on this item in any way. No one asked to be heard. Council concurred to return this item to staff. 7. AB #17,361- NORTH COUNTY ANIMAL SHELTER ZONE CHANGE - ZC 03-03 Don Rideout, Principal Planner, presented the staff report. Mayor Lewis opened the public hearing at 7:27 p.m. and asked if anyone wished to speak on this matter in any way. Mike Haas, Director of the Department of Animal Services for the County of San Diego, spoke in support of this agenda item. He said that their hours of operation are 9:30 a.m. to 530 p.m. Tuesday-Saturday. Mr. Haas described the new facility. Seeing no one else wishing to address Council on this matter, Mayor Lewis closed the public hearing at 7:34 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-679, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a zone Change from Limited Control (L-C) to Planned Industrial (P-M) on property generally located on the south side of Palomar Airport Road, west of El Camino Real in Local Facilities Management Zone 5; and, Council adopted RESOLUTION NO. 2003-287, adopting a Mitigated Negative Declaration for a Zone Change to rezone a 4.37-acre parcel from Limited Control, L-C, to Planned Industrial, PM on property generally located west of El Camino Real on the south side of Palomar Airport Road in Local Facilities Management Zone 5. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #17.362 - LEARNING CENTER FACILITY. Cliff Lange, Library Director, presented the staff report and reviewed a Power Point presentation (on file in the City Clerk’s Office). Theresa J. Childs; 3331 Madison Street, said that Madison and Oak would be a more appropriate location for the Learning Center Facility. Jim Comstock, 2755 Jefferson Street, President of the Library Foundation, spoke in support of locating the Learning Center Facility temporarily on the property identified as “Madison B” in the staff report. He said that the Library Foundation would like to lead the fund raising efforts for a permanent location of the Learning Center Facility. David Dana, 1293 Shorebird Lane, Chairman of the Learning Center Committee, spoke in support of temporarily locating the Learning Center Facility on “Madison B” as identified in the staff report. Jose De Anda, I363 Pine Street, spoke in support of the concept of the Learning Center. He spoke of the importance of parent education. Virginia H. Martinez, 3367 Madison Street, expressed concern that the neighbors were not notified of this meeting nor were they notified that “Madison B” would be the preferred temporary location for the Learning Center Facility. She expressed concern for impacts of traffic and noise to the neighborhood. She asked why the Learning Center should be moved from its current location. Ms. Martinez said that the location at Madison and Oak would be a more appropriate location for the Learning Center Facility. In response to Council, Mr. Lange said that the neighbors were not notified of this meeting and that the property at Madison and Oak is not owned by the City of Carlsbad. He noted that there is not enough room to locate the Learning Center Facility at the Cole Library. Ken Price, Recreation Director, said that the second floor at the Senior Center is approximately 5,000 square feet. He said that the Pine Park construction would begin in 2005. In response to Council, Mark Steyaert, Park Development Manager, said that upon Council’s direction, the ornamental garden could be eliminated from the Pine Park design and replaced with the temporary modules for the Learning Center Facility. Ray Patchett, City Manager, noted that the CDBG funds need to be expended by April 2004 for the relocation of the Learning Center Facility to modular facilities Mayor Lewis expressed concern that the neighbors to “Madison B” were not notified that “Madison B” would be submitted to Council as a recommended temporary site for the Learning Center Facility. October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 8 Council Member Hall said he supports the Learning Center and suggested that this item be continued in order for staff to meet with the neighbors. Council Member Packard said the temporary relocation of the Learning Center to “Madison B” would be a quality project. He spoke in support of adopting Resolution No. 2003-288. Mayor Pro Tem Finnila spoke of the need to identify a temporary site for the Learning Center. She noted that placing the temporary modules on “Madison B” would require a conditional use permit and that public comment could be accepted at the public hearing. ACTION: AYES: NOES: ABSENT: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2003-288, authorizing staff to use reallocated Community development Block Grant Funds to develop a Learning Center in modular facilities on city-owned property in the 3300 clock of Madison Street (Madison B) and to complete the design of a permanent future Learning Center Facility. Finnila, Kulchin and Packard. Lewis and Hall. None. COUNCIL REPORTS AND COMMENTS: Council Members provided updates regarding their various committees. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS Lorraine Wood, City Clerk, announced that City Council Members have been invited and may be participating in the upcoming events: Thursday, October 30,2003 Carlsbad Citizen’s Academy Graduation Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, California Monday, November 3,2003 Connecting Community, Place and Spirit Focus Group City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California October 28,2003 CARLSBAD CITY COUNCIL MEETING Page 9 ADJOURNMENT: By proper motion, the Regular Meeting of October 28, 2003, was adjourned at 8:25 p.m. LURRAINE M. WOOD,~MC CITY CLERK Janice Breitenfeld, CMC Deputy City Clerk