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Home My WebLink About2004-03-16; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: March 16,2004 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 Packard led the Pledge of Allegiance. PROCLAMATIONS: Mayor Lewis presented a proclamation to Gordon Cress, of the Kiwanis Club, in recognition of their 8gth Birthday and of Total “K Day (March 20, 2004). 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 #17,545 - AGREEMENTS FOR PREPARATION OF ROBERTSON RANCH ENVIRONMENTAL IMPACT REPORT - EIR 03-03. Council adopted RESOLUTION NO. 2004-084, approving an agreement with BRG Consulting, Inc. for the preparation of an environmental impact report for the Robertson Ranch Master Plan (MP 02-03), and approving an agreement with Calavera Hills II, LLC for payment of costs. March 16,2004 Carlsbad City Council Meeting Page 2 2. AB #17,546 - DENIAL OF APPEAL OF PLANNING COMMISSION APPROVAL OF HIGHLAND DRIVE SUBDIVISION - CT 03-04/SDP 03-08. Council adopted RESOLUTION NO. 2004-085, denying an appeal, and upholding the Planning Commission’s approval of a tentative map to subdivide 2.55 acres into seven standard single family lots, on property generally located at the northeast corner of Carlsbad Village Drive and Highland Drive, in Local Facilities Management Zone 1. (Approval of Item #2 included the suggested revisions to Page 2, of Resolution No. 2004-085, contained in the City Attorney’s Memo dated 03/12/2004 (on file in the City Clerk’s Office). ORDINANCES FOR ADOPTION: 3. AB #17,549 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON PASEO ACAMPO. City Attorney, Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-698, amending Title IO, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.730 to establish a prima facie 25 mile per hour speed limit on Paseo Acampo, from Rancho Bravado to its intersection with Paseo Hermosa. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 4. AB #17,550 -AMENDMENT OF MUNICIPAL CODE TO INCREASE FEES IN SEWER BENEFIT AREA “H”. This item was removed from the Agenda and returned to staff. 5. AB #17,551- EXTENSION OF INTERIM PLAN FOR AGUA HEDIONDA LAGOON. City Attorney, Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-700, amending various sections of Chapter . 11.24 of the Carlsbad Municipal Code, to extend the provisions of the Interim Plan for Agua Hedionda Lagoon, to facilitate Caulerpa eradication, until June 30, 2005. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. PUBLIC COMMENTS: None. March 16,2004 Carlsbad City Council Meeting Page 3 DEPARTMENTAL AND CITY MANAGER REPORTS: 6. AB #17,547 - CONTRACTS FOR REDESIGN OF CARLSBAD CITY GOLF COURSE - PROJECT NO. 30721. John Cahill, Municipal Projects Manager presented staff report. Council Member Packard inquired as to the staff report depicting the golf course Option #2, which did not include a clubhouse. Mr. Cahill responded, as per Council direction in December, a staff committee was formed and has been meeting to discuss potential alternative funding sources for clubhouse construction. He reported that staff intends to return to Council in a few months with a report and options for funding the clubhouse construction. Mayor Lewis asked staff to explain if there would be any problems related to the Habitat Management Plan (HMP) or open space for the golf course project. Michael Holzmiller, Planning Director explained the sequence of HMP approval and golf course construction. Mr. Holzmiller stated that the HMP and implementing agreement need to be finalized and approved by the City Council and the Wildlife Agencies so that the City will have the authority to issue the permit to allow the golf course construction. permit is issued in ACTION : Mr. Holzmiller reported that the Wildlife Agencies have sent the final notice to the Regional office in Portland, for publication in the Federal Register. Mr. Holzmiller stated that they do not anticipate that any negative comments will be submitted in the final 30 days, and that once the notice is published, staff will return to Council to obtain final approval for the implementing agreement. Mr. Holzmiller stated that the City will then be able to issue a “Take” permit for any projects that impact habitat, as long as the C :ompliance with what is contained in the HMP. On a motion by Mayor Pro Tem Finnila, Council approved RESOLUTION NO. 2004-086, approving contracts with Greg H. Nash, Inc., P&D Consultants, Inc., and Gallegos & Associations, for the redesign of the Carlsbad City Golf Course Project to comply with Coastal Commission requirements, and appropriating funds. Lewis, Finnila, Kulchin, Hall and Packard. None. 7. AB #17,548 - RESOLUTION OF INTENTION - ENHANCED RETAIL OPPORTUNITIES. Jennifer Coon, Associate Planner, presented the staff report and reviewed a PowerPoint presentation (on file in the City Clerk’s office). March 16,2004 Carlsbad City Council Meeting Page 4 Mayor Pro Tem Finnila asked if the reason for taking a look at these provisions is to get a balance of uses within our City. Ms. Coon confirmed that in the past ten years development has begun to fill into the center of the City and a need has developed for provision of commercial services in the center of the City. Council Member Kulchin confirmed with staff that no changes are being considered at this meeting, and that the item before Council is a Resolution of Intention to authorize staff to study the retail alternatives. Council Member Packard requested additional information regarding this agenda item. City Manager, Ray Patchett, stated that staff believes that a more balanced commercial development would help facilitate the traffic congestion. Mr. Patchett also addressed the issue of financial concerns, due to State budget issues, and given that, staff has looked at ways to enhance revenues and reduce costs. Mr. Gary Gilbert, Carlsbad, came forward to address Council. Mr. Gilbert spoke in opposition to the possibility of a Wal Mart coming to Carlsbad. Mr. Gilbert asked Council to consider not just the financial benefits from allowing large format retail, but consider how it would affect the entire community. Mayor Lewis asked if the maps on the wall (on file in the City Clerk’s Office) were going to be discussed and if feedback is expected. Mr. Patchett responded that the maps depict staff recommendations for possible locations for large format retail, and that Council should comment regarding any areas of concern. Mayor Lewis stated that he had concerns regarding the maps and does not support the study if it includes anything west of Interstate 5, along the El Camino Real corridor or south of Palomar Airport Road near the new housing developments. Mayor Lewis stated that he would only support projects on the north side of the Industrial Corridor and in the peripheral areas of Carlsbad, near the boundaries with Vista, Oceanside and Encinitas. Mayor Lewis also said that the beach was his biggest concern calling the area “sacred” to residents. Mayor Pro Tem Finnila stated that her only interest in examining this topic is to look at providing services along the El Camino Real area, in the center of the City, for the new population that is, and will be, residing there. Ms. Finnila said that since there has been a population shift, we need to look to see where we might balance our needs for the City, ease up on the traffic congestion and at the same time bring in some additional revenue for the City. Ms. Finnila suggested that each application would be reviewed on a case by case basis, and that all applications for a Conditional Use Permit (CUP) be approved by the City Council. Council Member Kulchin concurred with Mayor Pro Tem Finnila and stated that staff should study the issue. Ms. Kulchin also stated that the CUP process gives Council a lot of latitude in terms of project requirements. March 16, 2004 Carlsbad City Council Meeting Page 5 Council Member Hall concurred with Mayor Pro Tem Finnila and Council Member Kulchin and reflected upon Mr. Gilbert's comments regarding compatibility issues. Mr. Hall stated that he could support the study. Council Member Packard concurred with Mayor Pro Tem Finnila and Council Members Kulchin and Hall. Mr. Packard stated that he felt an area west of 1-5 and east of the railroad tracks may be suitable for consideration. Mayor Lewis stated that once a zone change is approved, a CUP would be much easier to acquire, and that all applicants must be treated the same. Council discussion ensued regarding this topic. Council discussed how the review and approval process might work. ACTION: On a motion by Mayor Pro Tem Finnila, Council approved RESOLUTION NO. 2004-087, approving the initiation of a General Plan Amendment to establish provisions that would allow large format retail uses, with the approval of a Conditional Use Permit, in commercial and industrial land use designations and zones, with the Caveat that the City Council would maintain final approval of CUP applications. AYES: NOES: Finnila, Kulchin, Hall and Packard. Lewis (voted no for concerns previously stated). 8. AB #17,552 - TRAFFIC SAFETY COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-088, appointing Mr. Guy J. Roney Ill to the Traffic Safety Commission. 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: None. March 16,2004 Carlsbad City Council Meeting Page 6 ADJOURNMENT: By proper otion, the Regular Meeting of March 16, 2004 was adjourned at 657 p.m. 1 Sheila Cobian Minutes Clerk