HomeMy WebLinkAbout2004-07-20; City Council; MinutesMINUTES
MEETING OF:
DATE OF MEETING: July 20,2004
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:
Reverend Doug Kelly of Christ Presbyterian Church offered the invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Finnila led the Pledge of Allegiance.
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 June 22, 2004.
Minutes of the Regular Meeting held June 22, 2004.
Minutes of the Joint Special Meeting held June 22, 2004.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Item #I, 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.
July 20, 2004 Carlsbad City Council Meeting Page 2
1. AB #17,716 -APPROVAL OF REIMBURSEMENT AGREEMENT FOR
CONSTRUCTION OF MASTER DRAINAGE PLAN FACILITIES BJA AND BJB.
Council adopted RESOLUTION NO. 2004-238, approving a Reimbursement
Agreement with Calavera Hills II, LLC for reimbursement of costs to construct
planned local drainage area facilities BJA and BJB.
ORDINANCE FOR ADOPTION:
2. AB #I 7,721 - 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 Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-712, establishing a three-hour parking time
limit on portions of Carlsbad Boulevard and Christiansen Way.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
PUBLIC COMMENT: None
PUBLIC HEARINGS:
3. AB #17,713 - CUP 02-30 - SEASHORE ON THE SAND.
Mayor Lewis noted that this public hearing was continued from July 13, 2004. He stated
that Council had requested additional information regarding this item.
Associate Planner Saima Qureshy presented the staff report. (The Power Point
presentation is on file in the office of the City Clerk.)
Ms. Qureshy gave an overview of parking requirements for timeshare units in the city.
She noted the units where parking standards were reduced and discussed the rationale
for the reductions.
Council Member Hall inquired about the definition of a "lock-off" unit. Ms. Qureshy stated
that this described timeshare units in which a single unit could be locked off to create two
units.
In response to Council, Ms. Qureshy noted the timing of the parking study was keyed to
the initiation of the permit process.
Mayor Pro Tem Finnila stated for the record that she had watched the videotape of the
July 17, 2004 Public Hearing on CUP 02-30, Seashore on the Sand.
Mayor Lewis opened the duly noticed public hearing at 6:13 p.m. and asked if anyone
would like to speak.
July 20, 2004 Carlsbad City Council Meeting Page 3
Representing the applicant, Bob Ladwig of Ladwig Design Group, 703 Palomar Airport
Road, Suite 300, Carlsbad came forward. Mr. Ladwig distributed a handout (on file in the
office of the City Clerk). Mr. Ladwig discussed the reasons why reduction of the parking
standards may be justified in this case. Mr. Ladwig discussed the timing of the January
2004 parking study.
In response to Council, Mr. Ladwig stated that the Seashore on the Sand building meets
code requirements.
In response to Council, Mr. Ladwig stated that an elevator and a sprinkler system would
be added to the building.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public hearing
at 6:20 p.m.
Council Member Hall stated he could support this project. He noted that the project was
for conditional use and stated that each CUP is unique.
Council Member Kulchin voiced her support for the project.
Mayor Pro Tem Finnila asked that the memo from staff dated July 15, 2004, regarding
CUP 02-30, Seashore on the Sand, and the memo from Ladwig Design Group regarding
"Questions raised at the City Council Meeting of July 13, 2004, and Comments", be noted
in the Public Record. (These documents are on file in the office of the City Clerk.)
Mayor Pro Tem Finnila stated she could not support the CUP because the project was
not consistent with the intent of the beach overlay zoning. However, she stated that the
zoning ordinance could be amended. Mayor Pro Tem stated she could support the
Resolution if it was amended to reflect seven rather than nine timeshare units.
Mayor Lewis stated he could not support the project because of his concerns regarding
the parking situation at the beach.
Council Member Packard stated he could not support the project. He stated his concern
that the project is located in the beach overlay zone.
Council Member Hall requested that a motion be made to deny the project without
prejudice so that the applicant could return with an amended design.
City Attorney Ron Ball stated that the Resolution could be amended to seven (7)
timeshare units with the approval of the revised design approved by the Planning
Director.
The applicant Norine Sigafoose, 2805 Ocean Street, stated that she would accept the
revision of the design from nine (9) timeshare units to seven (7).
July 20, 2004 Carlsbad City Council Meeting Page 4
ACTION : A motion was made by Mayor Pro Tem Finnila for Council to amend
RESOLUTION NO. 2004-237, allowing the conversion of an existing
12-unit hotel into seven (7) timeshare units on property generally
located at 2805 Ocean Street in Local Facilities Management Zone 1
and that the revised plans be sent to the Planning Director for final
approval; and to amend the zoning code regarding parking
standards.
Council Member Hall requested that the previous motion be divided into two separate
motions.
Mayor Pro Tem Finnila made the amended motion:
ACTION: On a motion by Mayor Pro Tem Finnila, Council amended
RESOLUTION NO. 2004-237, allowing the conversion of an existing
12-unit hotel into seven (7) timeshare units on property generally
located at 2805 Ocean Street in Local Facilities Management Zone 1
and that the revised plans be sent to the Planning Director for final
approval .
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
Discussion ensued regarding the revision of parking standards for timeshare conversion
utilizing parking studies and findings.
Council Member Hall stated that leeway and discretion should be used by Council
regarding these types of issues. He further stated that findings are not needed.
Mayor Pro Tem Finnila made the second amended motion:
ACTION: On a minute motion by Mayor Pro Tem Finnila, staff was directed to
return to Council with recommendations regarding the amendment of
the Municipal Code to require findings and parking studies for
reduction of parking standards for timeshare units.
AYES:
NOES: Hall
Lewis, Finnila, Kulchin, and Packard
4. AB #17,717 - PUD 02-1 I (B) - VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.09 ARCHITECTURE.
Senior Planner Christer Westman gave the staff presentation. (This presentation is on file
in the office of the City Clerk.)
July 20, 2004 Carlsbad City Council Meeting Page 5
RECESS:
Mayor Lewis declared a recess at 6:42 p.m. Council reconvened at 6:45 p.m. with all
members present.
Mayor Lewis opened the duly noticed public hearing at 6:46 p.m. and asked if anyone
would like to speak.
Jack Henthorn, 5365 Avenida Encinas, Suite A, representing the applicant, made a
Power Point presentation (not on file with the office of the City Clerk) depicting the
architectural features of the housing types available in this project. Mr. Henthorn pointed
out several features that were unique to this project.
In response to Council, Mr. Henthorn stated the houses came with gutters under the
eaves.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public hearing
at 7:OO p.m.
ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted
RESOLUTION NO. 2004-239, approving the request for a
determination that the project is within the scope of the previously
certified Villages of La Costa Program EIR and that the Program EIR
adequately describes the activity for the purposes of CEQA; and
approval for a Planned Unit Development Amendment for building
floor plans, elevations and plotting for the development of 75 single-
family detached homes within the Villages of La Costa Greens
Neighborhood 1.09 generally located south of future Poinsettia Lane
and east of future Alicante Road in Local Facilities Management
Zone IO.
AYES:
NOES: None
Lewis, Finnila, Kulchin, Hall and Packard
ADJOURNMENT TO SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY
Mayor Lewis adjourned to the Special Meeting of the Public Financing Authority at 7:03
p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis reconvened the City Council Meeting at 7:05 p.m. with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
5. AB #17.718 - PRESENTATION REGARDING RECENT CHANGES TO PROPERTY
TAX BILLS.
Dan McAllister, San Diego County Treasurer Tax Collector, presented recent changes
and updates to property tax bills. Council received and filed the report.
July 20, 2004 Carlsbad City Council Meeting Page 6
6. AB #17,719 -APPEAL OF TRAFFIC SAFETY COMMISSION RECOMMENDATION
REGARDING STOP SIGNS ON AVENIDA ENCINAS.
Deputy City Engineer Bob Johnson gave the presentation on this item. (a copy of the
Power Point presentation is on file in the office of the City Clerk.) Mr. Johnson spoke
about the request from the San Pacifico Home Owners Association to have stop signs
installed on Avenida Encinas at three locations; Dory Lane/Meridian Way, Portage
Way/Marlin Lane, and Windrose Circle.
Mr. Johnson discussed the criteria for stop signs, (also known as warrants) average daily
traffic in the area, stopping sight distance, and sight distance at intersections.
Dale Ordas, 7325 Seafarer Place, stated that he resides in the San Pacifico community.
(Mr. Ordas' Power Point presentation is on file in the office of the City Clerk.) Mr. Ordas
explained the concerns of the community regarding traffic. He also explained the
difficulties of community members crossing Avenida Encinas to reach the Community
Center. Mr. Ordas stated that the Portage Way and Marlin Lane intersection with Avenida
Encinas is the prime concern. Mr. Ordas also stated that many traffic problems occur on
the weekends when drivers hurry to the beach. Mr. Ordas illustrated the lack of sight
distance by slides depicting cones in the roadway.
William Van Cleve, 7301 Seafarer Place, stated that he was a Police Management
consultant. He explained that many people do not drive hills and curves well. Mr. Van
Cleve stated his concerns regarding right of way at the intersection of Avenida Encinas
with Portage Way and Marlin Lane. Mr. Van Cleve also spoke of difficulties in driving his
RV in this area and exiting at Dory Lane.
Michael Sebahar, 7442 Sundial Place, stated that he sees cars speed in the San Pacifico
area. As a doctor, he spoke about drivers' physical reaction times.
Dana Mikel, 5362 Dew Point, stated she is a Board Member of the San Pacifico
Community Home Owners Association and a mother. She stated that approximately 200
children live in the area. Ms. Mikel discussed the difficulties of pedestrian crossings,
especially with children. She asked the Council for help with safety along Avenida
Encinas.
Tony Ruffalo, 616 Marlin Lane, stated that he was retired as an attorney for Cal Trans.
Mr. Ruffalo stated that Council has created a problem intersection at Marlin Lane. He
stated he would like a stop sign at the intersection and flashing beacons.
Council discussion ensued regarding the traffic studies, accident history, and the
separation of the community located on the south side of Avenida Encinas from the
Community Center located on the north side of Avenida Encinas.
Mayor Lewis asked staff to return with a new design for a traffic signal at Portage
Way/Marlin Lane intersection. Mayor Lewis stated that as the area grows more traffic
would use Avenida Encinas.
July 20, 2004 Carlsbad City Council Meeting Page 7
Council Member Kulchin stated that she is concerned about this summer season and
traffic. She stated she would like a four way stop at Marlin Lane and Portage Way.
Mayor Pro Tem Finnila asked that staff follow the Traffic Safety Commission study and
put signs in six locations.
Council Member Hall stated that he supported Ms. Kulchin's proposal.
ACTION: On a minute motion by Council Member Kulchin, Council determined
that the intersection of PortagelMarlin and Avenida Encinas be
designated an all way stop with flashing lights.
AYES:
NOES: Finnila
Lewis, Kulchin, Hall and Packard.
ACTION: On a minute motion by Mayor Lewis, Council directed that staff
review the issues of signalizing the intersection, investigate the RV
access, and report back to Council.
AYES:
NOES: Finnila
Lewis, Kulchin, Hall and Packard.
7. AB #17,720 - SENIOR COMMISSION APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2004-240, appointing Joan Surridge to the Senior Commission.
- AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some
committees and sub-committees of which they are members.
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:
July 20, 2004 Carlsbad City Council Meeting
Wednesday, July 21,2004 - 11 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue, Carlsbad California
Friday, July 23,2004 - 9 a.m.
SANDAG Board of Directors Meeting
401 B Street, San Diego, California
Tuesday, July 27,2004 - 2 p.m.
Council Member Ann Kulchin Re-election Campaign Announcement
Carlsbad City Hall
1200 Carlsbad Village Drive (front steps), Carlsbad, California
Tuesday, July 27,2004 - 4 p.m.
2003 Carlsbad Citizens of the Year Ceremony
Carlsbad City Hall
1200 Carlsbad Village Drive, Carlsbad, California
Page 8
By proper motion, the Regular Meeting of July 20, 2004 was adjourned at 852 p.m.
City Clerk