HomeMy WebLinkAbout2004-08-10; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING:
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
August IO, 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:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard.
APPROVAL OF MINUTES:
Mayor Pro Tem Finnila stated she would abstain from approval of the minutes of the
Regular Meeting held July 13, 2004 and the Special Meeting held July 26, 2004 due to
her absence.
On a motion by Council Member Kulchin, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Regular Meeting held July 13, 2004.
Minutes of the Regular Meeting held July 20, 2004.
Minutes of the Special Meeting held July 21, 2004.
Minutes of the Special Meeting held July 26, 2004.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #I through Mas follows:
AYES: Lewis, Finnila, Kulchin, Hall, Packard
NOES: None.
ABSENT:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
I. AB #17,748 -ACCEPTANCE OF IMPROVEMENTS FOR THE 2003/2004
PAVEMENT OVERLAY PROJECT - PROJECT NO. 3667-7.
Council adopted RESOLUTION NO. 2004-266, accepting the construction of the
2003/2004 Pavement Overlay Project as complete, and directing the City Clerk
to record the Notice of Completion and release bonds appropriately.
August 10,2004 Carlsbad City Council Meeting Page 2
2. AB #I 7,749 - APPROVAL OF QUITCLAIM OF AN EXISTING IRREVOCABLE
OFFER TO DEDICATE A PUBLIC TRAIL EASEMENT OVER A PORTION OF LOT
Council adopted RESOLUTION NO. 2004-267, approving the Quitclaim of an
existing irrevocable offer to dedicate a public trail easement over a portion of Lot
3 and Lot 4 of CT 92-08.
3 AND LOT 4 OF CARLSBAD TRACT NO. 92-08 - PR 02-07.
3. AB #I 7,750 - AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE
HIGHLAND DRIVE STORM DRAIN REPLACEMENT - PROJECT NO. 3905.
Council adopted RESOLUTION NO. 2004-268, accepting bids and awarding the
contract to HMS Construction, Inc. for the construction of the Highland Drive
Storm Drain Replacement.
4. AB #I 7,751 - APPROVAL OF AGREEMENT FOR BUENA VISTA CREEK
CHANNEL ENVIRONMENTAL SERVICES.
Council adopted RESOLUTION NO. 2004-269, approving an agreement with
Nature’s Image, Inc. for Buena Vista Creek Channel Environmental Services.
ORDINANCES FOR INTRODUCTION:
5. AB #17,752 - ESTABLISHMENT OF ALL-WAY STOPS AT THE INTERSECTION
OF AVENIDA ENCINAS AND PORTAGE WAY/MARLIN LANE.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Kulchin, Council introduced
ORDINANCE NS-713, amending Title IO, Chapter 10.28, of the
Carlsbad Municipal Code, by the addition of Sections 10.28.700,
10.28.71 0, and 10.28.720 to establish all-way stops at the
intersection of Avenida Encinas and Portage WaylMarlin Lane.
AYES: Lewis,, Kulchin, Hall, Packard
NOES: Finnila.
ABSENT: None.
6. AB #17,753 - ESTABLISHMENT OF ALL WAY STOPS AT THE INTERSECTION
OF OCEAN STREETKYPRESS AVENUE.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NS-714 amending Title IO, Chapter 10.28, of the
Carlsbad Municipal Code by the addition of Sections 10.28.730,
and 10.28.1 53 to establish all-way stops at the intersection of
Ocean Street and Cypress Avenue.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
August 10,2004 Carlsbad City Council Meeting Page 3
PUBLIC COMMENT:
Bruce Santourian, 3603 Camino Arena, Carlsbad Chairman of the newly formed City of
Carlsbad Raceway Committee came forward to address Council. Mr. Santourian stated
that his committee believed they had an alternative to the proposed industrial park. The
alternative would satisfy the City's quality of life objectives and fairly compensate the
property owner, save open space and protect endangered plants and animals.
Mr. Santourian requested that his committee be permitted to give a presentation at the
next Council Meeting as a formal agenda item.
Council Member Hall suggested that Mr. Santourian and his committee have
discussions with the property owner of the Carlsbad Raceway.
Council Member Kulchin confirmed with Mr. Santourian that he had seen a copy of the
letter (on file in the City Clerk's office) sent to Council by the owner of the Carlsbad
Raceway.
John Elliott, P.O. Box 368, Descanso, read a statement from Jim McGarvey, Vice
President of the Off-Road Business Association. Mr. Elliott stated that there is potential
funding to purchase this property for the operation of a off-highway vehicle recreation
facility by the California Department Parks and Recreation OHMVR Division.
Mr. Elliott stated that the raceway would be a multiple use facility that would
accommodate mountain biking, drag racing and skateboarding, in addition to the OHV
recreation .
Tom Schroder, 3518 Calle Gazano, Carlsbad, spoke in support of keeping the raceway
open. Mr. Schroder stated that keeping the raceway open would keep street racing at
a minimum.
Tom Acuna, 2391 Spruce Street, Carlsbad, stated that he had spoke to the property
owner of the Carlsbad Raceway and was informed that the property is currently in
escrow. Mr. Acuna asked Council to allow them an opportunity for discussion of the
benefits of leaving the Carlsbad Raceway as a recreational facility.
Bob Derderian, 6435 La Paloma Street, Carlsbad, representing Save the Carlsbad
Raceway Committee spoke in support of keeping the raceway property as recreational
space.
Michael Holzmiller, Planning Director gave background on the Carlsbad Raceway. Mr.
Holzmiller stated that the Raceway had operated under a Conditional Use Permit (CUP)
with a five year time limit.
Mr. Holzmiller stated that ownership of the raceway has changed several times. The
current owner had asked to eliminate the raceway and develop it with industrial use.
The owner now has all approvals except the final map.
August 10,2004 Carlsbad City Council Meeting Page 4
Mr. Holzmiller said that perhaps there is time to stop the project if the current property
owner has reservations about developing it, however, he stated that the City has
received no indication from the current owners regarding stopping the project and that
there isn’t anything the City can do regarding the development of the property as an
industrial use.
Ron Ball, City Attorney explained that in order to get this item on the agenda the
property owner or an interested citizen could write a letter to the City Manager
requesting the item be put on the agenda. He also stated that another alternative
would be for the interested parties to meet with staff to explain the process that would
unfold. Basically, he stated, the City had exercised its discretion at this point and to
unwind that, the City would have to follow the identical process that was undertaken to
get the initial approvals and that the public and the property owner as well as any
interested persons would need to be notified that there would be an application
pending.
Ray Patchett, City Manager suggested that staff meet with any of the citizens who are
interested so that they would have a better understanding of the process.
PUBLIC HEARINGS:
7. AB #17.754 - UNDERGROUND UTILITY DISTRICT NO. 17 - ROOSEVELT
STREET - PROJECT NO. 3895.
Council Member Hall left the dais at 6:36 due to the fact that he owned property within
the noticed area.
Lloyd Hubbs, Public Works Director presented staff report.
Mayor Pro Tem Finnila confirmed with staff that if this item were to pass that there
would continue to be public outreach.
Mayor Lewis opened the duly noticed public hearing at 6:42 p.m. and asked if anyone
would like to speak.
Socorro Rodriguez-Anderson, 3222 Roosevelt Street, came forward to address Council.
Ms. Rodriguez-Anderson spoke in support of the underground wiring for the safety of
the community.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 6:44 p.m.
Council Member Packard confirmed with staff that the prioritization list for future
products would be reviewed.
Mr. Hubbs stated that staff should be able to bring the list forward sometime during this
year.
August 10,2004 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-270, declaring and designating a certain
part of the City as Underground Utility District No. 17.
AYES:
NOES: None.
ABSTAIN: Hall
Lewis, Finnila, Kulchin and Packard.
Council Member Hall returned to the dais at 6:46 p.m.
8. AB #I 7,755 - GPA 02-05/ZC 02-06/SDP 02-1 3/SUP 02-09 - CARLSBAD FAMILY
HOUSING.
Anne Hysong, Associate Planner, presented the staff report and reviewed a Power
Point Presentation (on file in the City Clerk's office).
In response to Council, Ms. Hysong explained the ingress and egress patterns into the
property.
Ginger Hitski representing Affirmed Housing Group located at 200 East Washington
Avenue, Escondido gave a brief Power Point presentation (not on file in the City Clerks
office) explaining the mission of her company.
Mayor Pro Tem Finnila asked the applicant how much tax exempt financing would be
used on this particular project.
Ms. Hitski responded that approximately $8 million.
Mayor Pro Tem Finnila also inquired if the financing was already secured.
In response, Ms. Hitski answered no, however they would be returning to Council in the
near future to discuss the financing.
Mayor Lewis opened the duly noticed public hearing at 7:06 p.m. and asked if anyone
would like to speak.
Socorro Rodriguez-Anderson, 3222 Roosevelt Street, representing St. Patrick's
Organizing Ministry came forward to address Council. Ms. Rodriguez-Anderson spoke
regarding her concerns of the lack of affordable housing in Carlsbad.
Seeing no one else wishing to speak, Mayor Lewis closed'the duly noticed public
hearing at 7:11 p.m.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-715, approving Zone Change AZ 02-06, and;
August IO, 2004 Carlsbad City Council Meeting Page 6
Adopted RESOLUTION NO. 2004-271, adopting a Negative
Declaration, and approving General Plan Amendment GPA 02-05,
Site Development Plan SDP 02-13, and Special Use Permit SUP
02-09.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
9. AB #I 7.756 - AV 04-03 - APPEAL - CASA DI MARE.
Barbara Kennedy, Associate Planner presented staff report and reviewed a Power
Point Presentation (on file in the City Clerk’s office).
Mayor Pro Tem Finnila confirmed with staff that the current proposed design is the most
compatible with the existing bluff tops in the environment.
Council Member Packard asked staff how much of the original structure would be left
after the remodel.
Ms. Kennedy responded that only the basement area would be remaining.
Applicant, Ted Viola, 5019 Tierra Del Oro, Carlsbad came forward to address Council.
Mr. Viola stated that his request for a variance revolves around two architectural
columns. Mr. Viola requested that Council consider granting his appeal to have a
variance of a 6’ setback rather than a IO’ setback so that once his garage is built he will
be able to park his Ford Explorer in his garage without having to climb over the hood to
gain access to his home.
Mr. Viola stated that he has the signature of 19 - 20 of his neighbors (on file in the City
Clerk‘s Office) supporting his request.
Mayor Lewis opened the duly noticed public hearing at 7:31 p.m. and asked if anyone
would like to speak.
George Young, Carlsbad, spoke in support of Mr. Viola’s request for a variance.
Brad Holland, Carlsbad, came forward to address Council. Mr. Holland spoke in
support of Mr. Viola and his request for the variance.
Bill Sutro, 7656 Calle De Miro, Carlsbad, spoke in support of Mr. Viola and the variance
request. Mr. Sutro stated all neighbors but one are also in support of Mr. Viola’s
request for the 6’ variance.
Tom Day, 4812 Refugio Avenue, Carlsbad, came forward to address Council. Mr. Day
spoke in support of Mr. Viola’s request.
August 10,2004 Carlsbad City Council Meeting Page 7
Keith Blackburn, Carlsbad, expressed his support for Mr. Viola and his request for the
variance.
David J. Huarte, 5036 Tierra Del Oro, Carlsbad, spoke in support of the variance that
Mr. Viola has requested.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 7:44 p.m.
Council Member Packard, Hall and Kulchin stated that they could support approving the
6’ variance.
Mayor Pro Tem Finnila stated that she also would support the variance of 6’.
Mayor Lewis stated that he could support the variance due to the fact that other
properties have received the same benefit.
ACTION: On a motion by Mayor Pro Tem Finnila, Council directed the City
Attorney to return with documents granting the appeal of AV 04-03,
and overturning the Planning Commission decision to deny an
appeal of the Planning Director’s approval with conditions for the
administrative variance request of July 7, 2004 by Planning
Commission Resolution 5664.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
DEPARTMENTAL AN D CITY MANAGER RE PORT:
10.AB #17,757 - PROPOSITION A - TRANSNET LOCAL SELF-HELP SALES TAX
PROGRAM.
Ron Ball, City Attorney presented staff report.
Mr. Ball gave an overview of Proposition A. Mr. Ball stated that Proposition A would
extend the TransNet tax for 40 years and would collect approximately $14 billion over
its lifetime.
Council gave their comments on this item and expressed their support of this project.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-272, supporting Proposition A, the
TransNet Local Self-Help Sales Tax Program for Congestion Relief
on the November 2004 ballot.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
August 10,2004 Carlsbad City Council Meeting Page 8
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 Council Members have been invited to
attend, and may be participating in the following event:
Thursday, August 12,2004 - 530 p.m.
Carlsbad Chamber of Commerce Reception
Event for New La Costa Vice President and
New Carlsbad Unified School District Superintendent
La Costa Resort
2100 Costa Del Mark Road
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of August 10, 2004 was adjourned at 8:OO p.m.
Cletk
Sheila Cobian
Minutes Clerk