Loading...
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