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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