HomeMy WebLinkAbout2003-12-09; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: December 9,2003
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 Deputy City Clerk, as follows:
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:
Minutes of the Special Meeting held November 18, 2003
Minutes of the Regular Meeting held November 18, 2003
Minutes of the Joint Special Meeting held November 18, 2003
CONSENT CALENDAR:
Item No. 6 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #I through #5, 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 #17,396 -ACCEPTANCE OF GRANT FROM CALIFORNIA LIBRARY
LITERACY SERVICE.
Council adopted RESOLUTION NO. 2003-316, accepting a grant from the
California Library Literacy Service, appropriating the funds, and allocating the
accrued interest from the 2002-2003 grant to the Adult Learning Program’s
General Fund Account.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 2
2. AB #17,397 - PURCHASE OF SUBMERSIBLE PUMPS FOR THE CANNON ROAD
LIFT STATION, PROJECT NO. 3583.
Council adopted RESOLUTION NO. 2003-31 7, approving the purchase of three
Flygt submersible pumps for the Cannon Road Lift Station Project.
3. AB #17,398 -APPROVAL OF APPLICATION TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD.
Council adopted RESOLUTION NO. 2003-31 8, approving the City of Carlsbad’s
application to the California Integrated Waste Management Board (CIWMB)
Waste Tire Track and Other Recreational Surfacing Grant Program, and
authorizing the Public Works Director, or designee, to sign all related grant
documents.
4. AB #17,399 -TRANSFER OF APPROPRIATIONS FROM RANCHO SANTA FE
ROAD NORTH, PHASE 2, PROJECT NO. 3907.
Council adopted RESOLUTION NO. 2003-31 9, authorizing the transfer of
appropriations from Rancho Santa Fe Road North, Phase 2, Project No. 3907, to
Phase 1, Project No. 3190.
5. AB #17,400 - RECLASSIFICATION OF ECONOMIC DEVELOPMENT MANAGER
POSITION.
Council adopted RESOLUTION NO. 2003-320, approving the reclassification of
the position of Economic Development Manager to Economic Development &
Real Estate Manager, and amending the management salary schedule and
Conflict of Interest Code.
6. AB #17,406 - AT&T WIRELESS CELLULAR COMMUNICATIONS FACILITY,
CONDITIONAL USE PERMIT CUP 00-36.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEM:
6. AB #17,406 - AT&T WIRELESS CELLULAR COMMUNICATIONS FACILITY,
CONDITIONAL USE PERMIT CUP 00-36.
Ron Ball, City Attorney, reviewed the staff report.
Mr. Ball referred to Resolution No 2003-325, Condition #I4 C, and recommended that
the language be changed to read as follows:
This resolution shall take effect 35 days after the Notice of Exemption is posted
by the County Clerk, pursuant to the California Environmental Quality Act, and
supercedes City Council Resolution No. 2001 -309.
Mr. Ball said that Resolution No. 2003-325 supercedes the City Council Resolution
2001-309, which originally denied the application, which was the subject of the litigation.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 3
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-325, approving a Conditional Use Permit
for a new AT&T Telecommunications Facility consisting of a total of
6 panel antennas in two expanded chimneys and one new chimney
and installation of a 240 square foot radio base station within a new
400 square foot garage located at 7512 Cadencia Street in Local
Facilities Management Zone 6; and,
That Condition #14C will be changed to read as follows:
This resolution shall take effect 35 days after the Notice of
Exemption is posted by the County Clerk, pursuant to the California
Environmental Quality Act. This Resolution supercedes City
Council Resolution No. 2001-309.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
At this time, Council concurred with the Mayor's request to take the agenda out of order
and next consider Item No. 10 (AB #I 7,404).
PUBLIC HEARING:
IO. AB #17,404 -APPEAL OF A MINOR SUBDIVISION, COASTAL DEVELOPMENT
PERMIT, AND SITE DEVELOPMENT PLAN FOR 4132 GARFIELD STREET, MS
03-05, GARFIELD POINT, CDP 03-20, SDP 03-06.
Council Member Hall said he has a potential conflict of interest because he owns
property near this project. Council Member Hall left the meeting at 6:07 p.m.
Barbara Ryan, 41 10 Garfield Street, requested a continuance of this public hearing
because one of the three people who jointly filed the appeal can not be present tonight.
In response to Council, Ray Patchett, City Manager, said that this item could be
continued to December 16, 2003.
Council Member Packard asked if the property owner concurred with the continuance
request.
Council Member Kulchin and Mayor Pro Tem Finnila said they could support the
continuance request to December 16'h.
Mayor Lewis said he would like to hear from the property owner.
Patrick McGuire, President, Sea Bisquit, Inc., PO Box 2406, Carlsbad, said he would
like the public hearing held tonight. He said that continuing the public hearing would
impact him financially.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 4
Mayor Pro Tem Finnila noted that the appeal application only lists Mrs. Ryan as an
appellant. Ron Ball, City Attorney, said that Mrs. Ryan formally appealed the Planning
Commission’s decision. However, there are other people involved, who do not have the
standing of actual appellant, but who do have defacto financial interest in the matter.
Mr. Ball explained that two appeals had been filed against the property: one to appeal
the City Engineer’s decision and the other is to appeal the Planning Commission’s
decision.
Mayor Lewis opened the duly noticed public hearing and asked if anyone would like to
speak who could not return on December 16‘h. No one asked to be heard.
ACTION: On a motion by Mayor Pro Tem Finnila, Council continued this
public hearing to December 16, 2003.
AYES:
NOES: None.
ABSENT: Hall.
Lewis, Finnila, Kulchin and Packard.
Council Member Hall returned to the meeting at 6:15 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB #17,395 - FARM WORKER SHELTER WITHIN THE CITY OF CARLSBAD.
Mayor Lewis stated that public comment on this agenda was accepted on December gth
and that tonight a Council decision would be made.
Mayor Lewis said that he met with Council Member Hall; Ray Patchett, City Manager;
Mr. Wischkaemper; and Mr. Larson to discuss farm worker shelter issues.
In response to Mayor Lewis, Ron Ball, City Attorney, reviewed his “Memorandum of
Law” (on file in the City Clerk’s Office).
Debbie Fountain, Director of Housing and Redevelopment, presented the staff report
and made a Power Point Presentation (on file in the City Clerk’s Office). She described
staffs recommendation for a public/private partnership concept to address farm worker
shelter.
Ray Patchett, City Manager, requested Council to indicate their interest in participating
in the farm worker shelter issue.
In response to Council, Ms. Fountain described possible funding sources for farm
worker shelter. She said that Housing Trust Funds and CDBG monies were used when
La Posada was created.
Mayor Lewis said he would like to consider the following items regarding the proposed
partnership concept :
I. City codes will be amended to allow for the siting of a temporary farm worker
shelter on one of the more active farming sites in Carlsbad as appropriate.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 5
2. The City Council feels that the City should act as a “hub” will support the use of
the strawberry fields/hub park as an appropriate shelter site.
3. The City will consider financial assistance for the project and some combination
of grants and/or loans to help fund a portion of the farm worker shelter
partnership.
4. City will consider assisting farmers for the formation of an assessment district,
similar to Napa County, to help fund the project. The farmers have indicated a
desire to do so.
5. City will provide a letter of support for the temporary farm worker shelter funding
to RCAC and other funding agencies.
6. City will process any required permits with other agencies as appropriate.
7. Council will accept the Community Housing Works Report.
Mayor Lewis said that the proposed public/private partnership is a conceptual approach
to support the development of a 63-bed temporary farm shelter in Carlsbad. Mayor
Lewis said the conceptual approach is contingent upon a public/private partnership
being formed for the development and operation of a temporary farm work shelter in
Carlsbad.
In response to Mayor Pro Tem Finnila, Mr. Ball described the Napa County farm worker
shelter model. He said that an assessment district or community facilities district could
be formed in Carlsbad, which would be similar to the Napa County model in which
landowners agreed to pay assessments per acre, to help fund the program.
Mr. Ball described the terms of the strawberry field lease. Mr. Ball recalled that the
lease is between the City of Carlsbad and SDG&E, who has recognized the City’s
interest in park and recreation purposes eventually for the strawberry fields site. Mr. Ball
noted that under the lease, the City has a duty to meet and confer with SDG&E prior to
the commencement of construction of any facilities on the property.
Council Member Packard spoke of the importance of not creating a culture of
dependency and a sense of entitlement. He spoke in support of staffs
recommendation of a public/private partnership.
Council Member Hall said he could support the proposed public/private partnership
model, but noted that there are many people, earning minimum wage, who need
housing assistance.
Council Member Kulchin said she could support the proposed public/private partnership
model and expressed appreciation to Mayor Lewis for meeting with interested parties to
discuss farm worker shelter issues
Mayor Pro Tem Finnila described Council’s efforts to address housing needs in
Carlsbad. She said that the CDBG and housing funds should be used to address the
housing needs of Carlsbad residents. She said that she would like Council to consider
creating an assessment district to fund housing for farm workers. Mayor Pro Tem
Finnila said that the strawberry field site could reasonably be considered as the site for
farm worker housing. She said that the partnership approach could be successful and
that 63 beds could be provided.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 6
Mayor Lewis said he concurred with his colleagues’ comments and that 60 or more
beds could be provided. He noted that many people earn minimum wage and their
employers do not subsidize their housing costs. Mayor Lewis said that Council has
supported affordable housing programs in Carlsbad within the guidelines of the General
Plan density. Mayor Lewis spoke of the importance of community support to ensure the
success of the proposed partnership for farm worker housing.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2003-315, accepting the Final Report on the Farm Worker Shelter
Feasibility Study and directing staff on further action regarding the
Feasibility Study Findings; and, that Section 3 of the Resolution be
replaced with Sections 3-5 to reflect the following:
That Council authorizes sending a letter to the Rural Community
Assistance Corporation and other funding agencies indicating the
City’s potential support; that Council direct staff to use the
information in the Farm Worker Shelter Feasibility Study to show
that there are adequate privately owned sites in Carlsbad to
accommodate the need to provide shelter for farm workers and to
immediately process the appropriate municipal code amendments
to allow one or more farm worker shelters as a conditional use or
other use as required by law on any property within the City with an
active farming operation; that Council approves the outline of the
conceptual approach for a temporary farm worker shelter in
Carlsbad whereby the City will support the establishment of a
partnership for the development of a 64 bed temporary farm worker
shelter; direct staff to proceed with the implementation of the
Temporary Farm Worker Shelter Proposal Partnership Concept;
and that staff return to Council as necessary for review and
approval.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
RECESS AND RECONVENE:
Mayor Lewis declared a recess at 656 p.m. Council reconvened at 7:05 p.m. with all
members present.
INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE:
7. AB #17,401 - PROHIBITING THE ISSUANCE OF PERMITS FOR THE
PLACEMENT OF WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC
RIGHT OF WAY.
Ron Ball, City Attorney, presented the staff report.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 7
ACTION: On a motion by Mayor Pro Tem Finnila, adopted urgency
ORDINACE NO. NS-684, to prohibit the issuance of permits for the
placement of wireless communication facilities in the public right of
way; and,
Council adopted RESOLUTION NO. 2003-321, declaring the City
Council’s intention to have staff study and recommend revisions to
the Municipal Code and Policy 64 regarding the placement of
wireless communication facilities in the public right of way.
AYES:
NOES: None.
Lewis, Finnila, Hall, and Kulchin and Packard.
INTRODUCTION OF ORDINANCE:
8. AB #17,402 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO
FOLLOW THE ACCOUNTING AND REPORTING REQUIREMENTS OF THE
MITIGATION FEE ACT.
Ron Ball, City Attorney, presented the staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-685, amending Title 21, Chapter 21.70 of
the Carlsbad Municipal Code by adding Section 21.70.025,
requiring the City to follow the accounting and reporting
requirements of the Mitigation Fee Act for any fees or costs
recovered associated with a development agreement.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ADOPTION OF ORDINANCE:
9. AB #17,403 -AMENDMENT OF THE CARLSBAD VILLAGE AREA
REDEVELOPMENT PLAN.
Ron Ball, City Attorney, noted that since Council Member Hall and Council Member
Packard own property in the Redevelopment Area, they would be unable to participate
in the discussion or vote on this item. However, Mr. Ball said that it is not necessary for
Council Member Hall and Council Member Packard to leave the meeting. Mr. Ball
presented the staff report.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 8
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-683, amending the Carlsbad Village Area
Redevelopment Plan to extend certain time limits.
AYES: Lewis, Finnila and Kulchin.
NOES: None.
ABSTAIN: Hall and Packard.
PUBLIC COMMENT:
Margaret Bonas, 231 Olive Avenue, spoke in support of the Hidden Valley Site being
used for farm worker shelter. She said when the fields are no longer in Carlsbad, the
farm workers can be employed for the golf course maintenance. She said the
temporary housing would not need to be removed. Ms. Bonas noted that modular units
have been used on school sites and would be adequate farm housing.
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
12. AB #17,405 - CARLSBAD CITY GOLF COURSE FINANCING OPTIONS:
John Cahill, Municipal Projects Manager, presented the staff report and reviewed a
Power Point presentation (on file in the City Clerk’s Office).
Gene Krekorian, Economic Research Associates, I0990 Wilshire Boulevard, Suite
1500, Los Angeles, reviewed a portion of the Power Point presentation regarding
economics.
Lisa Hildabrand, Director of Finance, reviewed financing options and the ground lease
portions of the Power Point presentation. She said that staff is recommending that the
City retain ownership of the land and construct the golf course with an advance of up to
$15 million from the General Fund. She also said that staff is recommending that a
private entity be contracted to operate the golf course.
In response to Council, Mr. Cahill described the people and organizations that have
provided input into the golf course project.
In response to Council, Mr. Krekorian explained the assumptions and basis used by his
company for projected economic calculations.
Mr. Cahill said that staff would like to explore the opportunity to identify a partner who
would like to fund all, or part of, the clubhouse construction.
In response to Council, Mr. Krekorian said that staff is still analyzing appropriate green
fees for the course. He discussed revenue structure and said there might be an
opportunity to increase green fees to provide additional service debt.
Council and staff discussion ensued regarding the industrial parcels near the golf
course. Mr. Cahill explained that staff negotiated with the Coastal Commission to retain
one industrial parcel.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 9
Council and Ms. Hildabrand discussed tax-exempt debt.
Allison Rolfe, North County Open Space Coalition, 2924 Emerson Street, Suite 200,
San Diego, reviewed her correspondence to Council dated December 9,2003
regarding Habitat Management Plan funding concerns.
Jim Craig, 1732 Blackbird Circle, spoke in support of the golf course project.
Irv Roston, 2075 Playa Road, spoke in support of the golf course project. He said that
a permanent clubhouse is not needed. Mr. Roston asked for the opportunity to be
involved in the construction bidding process.
Jim Smith, 71 16 Santa Barbara, submitted and reviewed his written comments
supporting the golf course project (on file in the City Clerk’s Office). Mr. Smith said that
the clubhouse should be built right away, in order to avoid paying rising construction
costs.
Patrick Ahern, 7712 Primavera, said that the clubhouse is too grandioso and should be
redesigned. He spoke of the importance of building the clubhouse and golf course
simultaneously. Mr. Ahern said that the clubhouse should include an affordable
business facility for the entire community.
In response to Council, Mr. Cahill said that a trail element in the project would be fairly
inexpensive.
RECESS:
Mayor Lewis declared a recess at 850 p.m. Council reconvened at 855 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
12. AB #17,405 - CARLSBAD CITY GOLF COURSE FINANCING OPTIONS:
Council Member Packard spoke of the importance of exploring development
opportunities, including financial partnerships with private interests, individuals, groups
or companies and to proceed with the financing option that the City builds the project
and contracts the management (Recommendation 2 and 3 - see slide 56 and 57).
Council Member Packard said that a permanent clubhouse should be built as soon as
possible and not be deferred as in Recommendation No. 1.
Council Member Hall spoke in support of building a permanent clubhouse and golf
course simultaneously, as soon as possible, and spoke in support of Recommendations
2 and 3.
Council Member Kulchin concurred with Council Member Hall and said that the
public/private partnership concept needs to be further explored.
December 9,2003 CAFUSBAD CITY COUNCIL MEETING Page 10
Mayor Pro Tem Finnila spoke in support of building the permanent clubhouse along
with the golf course and said that the public/private partnership concept needs to be
further explored.
Mayor Lewis concurred with Mayor Pro Tem Finnila’s comments.
In response to Council, Ron Ball, City Attorney, said that upon Council’s direction, Item
No. 9 in Resolution No. 2003-324 could be amended to direct staff to further investigate
the concept of a public/private partnership for the Golf Course Clubhouse.
ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted
RESOLUTION NO. 2003-324, providing direction for the proposed
Carlsbad City Golf Course Project and potential financing options;
that Council authorize staff to proceed with tax exempt financing for
the Carlsbad City Golf Course Project and the advance of monies
from the General Fund in an amount to be determined by staff; to
direct staff not to defer the construction of the club house; that the
City Council acknowledges and accepts general and specific
conditions of the Coastal Development Permit issued by the
California Coastal Commission; and that Item No. 9 in Resolution
No. 2003-324 be amended to read as follows:
“That the City Council does hereby direct staff to identify
consultants necessary to undertake the redesign and related
pre-construction activities for the proposed project and to study
and report on the ways and means to fund the proposed Golf
Course Clubhouse including restructuring of the proposed
greens fees with an eye toward exploring development
opportunities including financial partnerships with private
interests, individuals, groups or companies so that the proposed
Golf Course Clubhouse can be developed simultaneously with
construction of the Golf Course and with all necessary and
appropriate controls.”
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
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:
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 11
Thursday, December 11,2003 - 6:30 a.m.
City of Carlsbad Annual Holiday Breakfast and Service Awards Event
La Costa Resort
2100 Costa Del Mar Road
Carlsbad, California
Friday, December 12,2003 - 6 p.m.
Carlsbad Police Officers’ Association Holiday Event
Grand Pacific Palisades Resort
5805 Armada Drive
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of December 9, 2003, was adjourned at 9:15
p.m.
Ldanice Breitenfeld, CMC
Deputy City Clerk