Loading...
HomeMy WebLinkAbout2004-07-13; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) July 13, 2004 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: Lewis, Kulchin, Hall and Packard. Absent: Finnila. CONSENT CALENDAR: ACTION: On a motion by Council Member Hall, Council affirmed the action of the Consent Calendar, Items #I through #7as follows: AYES: NOES: None. ABSENT: Finnila Lewis, Kulchin, Hall and Packard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. I. AB #17,705 - APPROVAL OF PROPERTY, AND BOILER AND MACHINERY INSURANCE. Council adopted RESOLUTION NO. 2004-230, authorizing the renewal of property insurance under the Public Entity Property Insurance Program. 2. AB #17,706 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL AT CAMINO DE LOS COCHES AND CALLE ACERVO - PROJECT NO. 3916-1. Council adopted RESOLUTION NO. 2004-231, accepting bids and awarding the contract to Sutherlin Contracting, Inc. for the construction of the traffic signal at Camino de Los Coches and Calle Acervo. 3. AB #17,707 -AWARD OF CONTRACT FOR CUSTODIAL MAINTENANCE SERVICES. Council adopted RESOLUTION NO. 2004-232, accepting bids and awarding the contract to The Business Cleaning Company for custodial maintenance services. July 13, 2004 Carlsbad City Council Meeting Page 2 4. AB #17,708 - FINAL MAP FOR CARLSBAD TRACT 98-14-3, THOMPSONITABATA SUBDIVISION. Council adopted RESOLUTION NO. 2004-233, approving the final map for CT 98-14-3, ThompsonITabata Subdivision, authorizing the map to be recorded, and authorizing the abandonment of portions of slope easements. 5. AB #17,709 - RATIFICATION OF REIMBURSEMENT AND CREDIT AGREEMENT FOR DRAINAGE FACILITIES IN COLLEGE BOULEVARD. Council adopted RESOLUTION NO. 2004-234, approving the ratification of the Reimbursement and Credit Agreement with Terraces at Sunny Creek, LLC, for drainage facilities in College Boulevard and appropriating funds. 6. AB #17,710 - RENEWAL OF LIABILITY COVERAGE. Council adopted RESOLUTION NO. 2004-235, approving the renewal of liability insurance through the California Municipal Excess Liability (CAMEL) Program. 7. AB #17,711 - INTENT TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 17 - PROJECT NO. 3895. Council adopted RESOLUTION NO. 2004-236, expressing intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code, and setting a public hearing for August IO, 2004, to determine whether the public health, safety, or welfare require the formation of an Underground Utility District on a portion of Roosevelt Street, between Carlsbad Village Drive and Magnolia Ave n ue . ORDINANCE FOR INTRODUCTION: 8. AB #17,712 - ESTABLISHMENT OF A THREE HOUR PARKING TIME LIMIT ON PORTIONS OF CARLSBAD BOULEVARD AND CHRISTIANSEN WAY. City Attorney, Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE NS-712, amending Title IO, Chapter 10.40, of the Carlsbad Municipal Code, to establish a three hour parking time limit on the east side of Carlsbad Boulevard between Christiansen Way and Beech Avenue, and on the north side of Christiansen Way from Carlsbad Boulevard to Washington Street. AYES: Lewis, Kulchin, Hall, Packard NOES: None. ABSENT: Finnila ORDINANCES FOR ADOPTION: 9. AB #17,715 -AMENDMENT OF CARLSBAD MUNICIPAL CODE RELATING TO VESTING TENTATIVE MAPS. City Attorney, Ron Ball titled the Ordinance. July 13, 2004 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. NS-710, amending Section 20.17.020 of the Carlsbad Municipal Code to clarify the procedure for processing vesting tentative maps as required by the Subdivision Map Act. AYES: Lewis, Kulchin, Hall, Packard NOES: None. ABSENT: Finnila. 10.AB #17,714 - ZCA 04-04lLCPA 03-06 - AGRICULTURAL FEE MITIGATION PROGRAM. City Attorney, Ron Ball, stated that the Ordinance and Resolutions contained typographic errors. He noted that the words “polices or” should have been deleted from the sections of the documents dealing with the Agricultural Conversion Mitigation Fee and Expenditure Plan. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. NS-711, approving a Zone Code Amendment to replace the State Coastal Conservancy with the City of Carlsbad as administrator of the Agricultural Mitigation Fee Program and to update the list of allowable uses for the program, as revised to delete the words “policies or’’ from Section 21.202.060 D of the Ordinance; and, Council adopted RESOLUTION NO. 2004-227, approving the Local Coastal Program Amendment, as revised to delete the words “policies or” from Section 3 of the Resolution. - AYES: NOES: None. ABSENT: Finnila. Lewis, Kulchin, Hall, Packard PUBLIC COMMENT: None. PUBLIC HEARING: 11 .AB #17,713 - CUP 02-30 - SEASHORE ON THE SAND. Saima Qureshy, Associate Planner and Bob Wojcik, Deputy City Engineer presented staff report and gave a PowerPoint presentation (on file in the City Clerk’s office). Mayor Lewis questioned the request to reduce the ratio for required parking spaces from 1.2 per unit to 1 .O per unit, and asked for clarification regarding the reasons that the Planning Commission approved the project. July 13, 2004 Carlsbad City Council Meeting Page 4 Ms. Qureshy responded that the Planning Commission recommended approval because the conversion would bring the project into conformance with the zoning of the site, since a time share is a use permitted by Conditional Use Permit. She stated that by reducing the twelve unit hotel to a nine unit timeshare, there would be a decrease in intensity of use, since the hotel currently has twelve rooms and only nine parking spaces. Council Member Packard asked staff to explain why varying from existing standards would be acceptable in this case, and if any findings would be necessary in order to approve the request. Michael Holzmiller, Planning Director stated that the current time share ordinance provides flexibility to reduce the ratio in certain locations, if the applicant can show, through a parking analysis, that there is no need for 1.2 parking spaces per unit. Council Member Packard expressed concern that the parking study was performed during non-peak season, and asked if staff concurred with the requested reduction in parking. Planning Director Holzmiller responded that staff believes that the reduction of the parking standard is not justified for this location. Council Member Hall inquired if there were any requirements for environmental review for this project, specifically regarding traffic impacts. Planning Director Holzmiller responded that this type of project is exempted under State Law from CEQA requirements, so no review is required. Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, addressed Council on behalf of the applicant. He stated that the hotel currently has 18 bedrooms, and that there will be 16 bedrooms if the hotel is converted to a timeshare. Mr. Ladwig also stated that there was a small change that should have been reflected in the Planning Commission minutes. At the end of the third paragraph on hand written page 34, last sentence should read “five more are used for parking above” rather than “two more are used for parking above”. Mr. Ladwig expressed support for the Planning Commission recommendation and noted that the conversion will include installation of an elevator, sprinklers, and one handicap parking space. He noted that the request will reduce the number of units by 25%, while the number of parking spaces will remain the same. Council Member Kulchin inquired regarding the effect of the conversion on the TOT that is generated. Mr. Ladwig explained that as a hotel, the guests pay the TOT. When it is a timeshare, if the owner stays there they do not pay the TOT, however if it is rented out, the guest does pay the TOT. July 13, 2004 Carlsbad City Council Meeting Page 5 Mayor Lewis opened the duly noticed public hearing at 6:31 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at 6:31 p.m. Mayor Lewis voiced his concerns regarding the parking in the area of the project and stated that he was hesitant to reduce the parking standard. He also mentioned that if the Council was going to change the standard in this case that the parking standard in that area should be changed. Mayor Lewis stated that if the project were reduced to seven rather than nine he could support the project. Council Member Kulchin stated that she could support the project due to the reduction in the number of units and the fact that the conversion will bring the project into conformance with the zoning ordinance. Council Member Hall stated that he could support the project as well due to the reduction in the number of units, and the project’s unique location. Council Member Packard stated that he could not support the project as proposed. However, he would support the project if it were proposed as seven units. City Attorney, Ron Ball stated that this area of the code does not provide any standards for evaluation when it comes to reducing the parking standards. He noted this Ordinance requires applicants to come to Council to ask for a reduction in standard because no other subordinate commission has the authority to make that finding. By consensus, Council agreed that the matter be continued for one week to allow consideration by a full Council. ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING: Mayor Lewis adjourned to the Housing and Redevelopment Commission Meeting at 650 p.m. and reconvened at 7:16 p.m. with Mayor Lewis and all three Council Members present. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7:16 p.m. and reconvened at 7:18 p.m. with Mayor Lewis and all three Council Members present. COUNCIL REPORTS AND COMMENTS: Council Members provided updates regarding their various committees. July 13, 2004 Carlsbad City Council Meeting Page 6 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday July 15,2004 - 530 p.m. La Costa Oaks Grand Opening Event 7400 Circulo Sequoia Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of July 13, 2004 was adjourned at 7:26 p.m. in honor and memory of Leslie Tanner. n Minutes Clerk