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HomeMy WebLinkAbout2004-09-21; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: SEPTEMBER 21,2004 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: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #7, 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. 1. AB #17,789 -ANNUAL REPORT OF INVESTMENT PORTFOLIO. Council accepted the report from the City Treasurer on the City’s investment portfolio for fiscal year 2003-2004. 2. AB #17,790 - REPORT ON CITY INVESTMENTS AS OF AUGUST 31,2004. Council accepted the report from the City Treasurer on the status of City investments as of August 31, 2004. September 21, 2004 Carlsbad City Council Meeting Page 2 3. AB #17,791 -AWARD OF CONTRACT TO REMOVE AND REPLACE CONCRETE AT CITY FACILITIES AND PARKS. Council adopted RESOLUTION NO. 2004-295, accepting the bid and awarding the contract to Tri-Group Construction and Development Inc. for Facilities and Parks Concrete Replacement, Contract No. FAC 04-06, Project No. 39241, and approving appropriation of additional funds. 4. AB #17,792 -APPROVING AN AMENDMENT TO AGREEMENT FOR THE VISTNCARLSBAD INTERCEPTOR SEWER AND SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT. Council adopted RESOLUTION NO. 2004-296, approving Amendment No. 2 to extend and amend the agreement for construction management and inspection services with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for the Vista/Carlsbad Interceptor Sewer Reaches VC5B through VC1 IA, the South Carlsbad Village Storm Drain, Pavement Overlay, and Water Pipeline, Project Nos. 3182, 3528, 3855, and 3904. 5. AB #17,793 - 2003-2004 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Council adopted RESOLUTION NO. 2004-297, approving the City of Carlsbad’s 2003-2004 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program. 6. AB #17,794 -APPROVAL OF THE RENEWAL APPLICATION FOR THE NORTH SAN DIEGO COUNTY RECYCLING MARKET DEVELOPMENT ZONE. Council adopted RESOLUTION NO. 2004-298, approving the submittal of the North San Diego County application to the California Integrated Waste Management Board to renew the Recycling Market Development Zone (RMDZ) designation. 7. AB #17,795 -AWARD OF CONTRACT TO PURCHASE AND INSTALL A NEW MODULAR BUILDING AT THE PARKS YARD. Council adopted RESOLUTION NO. 2004-299, accepting the bid and awarding the contract to Design Space Modular Buildings for the purchase and installation of a new modular building at the Parks Yard, Contract No. PKS04-02. ORDINANCE FOR INTRODUCTION: 8. AB #17,796 - REQUIREMENT FOR INSTALLATION OF A BYPASS TEE FOR RECYCLED WATER SHUT DOWN TESTING ON NEW BUILDINGS. City Attorney, Ron Ball gave a brief explanation, stating that the staff recommendation is to introduce the Ordinance and adopt the Resolution which would set the Public Hearing to consider adoption of Ordinance No. NS-717 for October 12, 2004. Mr. Ball also suggested that there be a minor change in the wording of the Ordinance, line 18 Section 18.16.080 of Ordinance No. NS-717, to read “On the effective date of this Ordinance”. September 21, 2004 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-717, to consider amending Title 18, Chapter 18.16 by the addition of Section 18.16.080 of the Carlsbad Municipal Code to amend by reference the Uniform Plumbing Code, 2001 Edition, to require installation of a bypass tee for recycled water shut down testing for new building construction, as amended to revise the wording in Line 18 of the Ordinance to read “On the effective date of this Ordinance”; and, Council adopted RESOLUTION NO. 2004-300, declaring the City’s intention to require the installation of a bypass tee, and setting the public hearing for October 12, 2004, to consider adoption of - Ordinance No. NS-717. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, Packard PUBLIC COMMENT: None. PUBLIC HEARING: 9. AB #17,797 - RESIDENTIAL GENERAL PLAN AND ZONING CONSISTENCY AMENDMENTS - GPA 03-1 3/ZCA 03-02/LCPA 03-12. Jennifer Coon, Associate Planner, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Ms. Coon explained that the purpose of the proposed amendments was to ensure consistency between the General Plan and Zoning Ordinance and also to ensure consistency between City policies and State law. Ms. Coon stated that staffs recommendation is included an errata sheet, dated August 4, 2004. These recommendations would: I .) amend Ordinance No. NS-718 by adding wireless communication facilities to the list of permitted uses tables as a conditionally permitted use in each residential zone; 2.) amend Ordinance No. NS-718 by adding Section 22 to read “That any development application, excluding preliminary applications, submitted to the city prior to the effective date of this ordinance shall not be subject to the amended provisions of this ordinance”; and 3.) amend Resolution No. 2004-301 by the addition of Section 7 to read: “That any development application, excluding preliminary applications, submitted to the city prior to the effective date of this ordinance shall not be subject to the amended provisions of the General Plan (GPA 03- 13)”. Mayor Lewis opened the duly noticed public hearing at 6:18 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: 18 p.m. September 21, 2004 Carlsbad City Council Meeting Page 4 City Attorney, Ron Ball titled Ordinance No. NS-718. On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-718, amending Title 21 of the Carlsbad Municipal Code by approving amendments to the residential regulations in the Zoning Ordinance (Zone Code Amendment - ZCA 03-02) to ensure consistency between the General Plan and zoning ordinance, as amended per the errata sheet, dated August 4, 2004, to 1 .) add wireless communication facilities to the list of permitted uses tables as a conditionally permitted use in each residential zone; and 2.) add Section 22 to read “That any development application, excluding preliminary applications, submitted to the city prior to the effective date of this ordinance shall not be subject to the amended provisions of this ordinance”; and: Council adopted RESOLUTION NO. 2004-301, adopting a Negative Declaration and Addendum for a General Plan (General Plan Amendment - GPA 03-1 3 and Local Coastal Pr0gra.m Amendment - LCPA 03-12), as amended per the errata sheet, dated August 4, 2004, to add Section 7 to read: “That any develop men t application, excluding preliminary applications, submitted to the city prior to the effective date of this ordinance shall not be subject to the amended provisions of the General Plan (GPA 03-1 3)”. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, Packard IO. AB #17,798 -VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.10 - PUD 02-1 O(A). Barbara Kennedy, Associate Planner presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). In response to an inquiry from Mayor Lewis, staff confirmed that there are two ways into and out of the proposed development. Jack Henthorn, 5365 Avenida Encinas Suite A, Carlsbad, representing the applicant, Puke Homes, came forward to address Council. Mr. Henthorn reviewed a Power Point presentation (not on file in the City Clerk’s office) giving a brief background on the proposed development and depicting the four available floor plan types and the six different architectural styles. In response to Council inquiry, Ms. Kennedy explained that the homes designated to have four garages, would have two garages in the front and two on the side. She also stated that the side garages would not be visible from the street. September 21,2004 Carlsbad City Council Meeting Page 5 Mayor Lewis opened the duly noticed public hearing at 6:39 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 ’ 6:39 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-302, approving Planned Unit Development Amendment PUD 02-1 O(A) for the Villages of La Costa Greens Neighborhood I .IO, to approve building floor plans, elevations and plotting for 64 single family detached homes generally located north of Alga Road and west of Alicante Road, within the La Costa Master Plan, in Local Facilities Master Plan Zone IO. Lewis, Finnila, Kulchin, Hall, Packard None. 11. AB #17,799 - LOHF SUBDIVISION - GPA 04-04/LCPA 04-04. Mike Grim, Senior Planner presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mr. Grim explained the proposed boundary changes. Mayor Lewis opened the duly noticed public hearing at 6:44 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 6:45 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-303, approving the Negative Declaration, General Plan Amendment GPA 04-04, and Local Coastal Program Amendment LCPA 04-04, for the Lohf Subdivision GPA land use designation boundary adjustment for property generally located west of El Camino Real, north and south of Poinsettia Lane, in Local Facilities Management Zone 21. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, Packard 12. AB #17,800 - LA COSTA RESORT AND SPA MASTER PLAN - GPA 03-08/ZC 03- 04/MP 03-02/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06. Eric Munoz, Senior Planner and John Maashoff, Associate Engineer presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mr. Munoz gave a detailed overview of the proposed project, including the master plan which acts as a regulatory document for the redevelopment and buildout of the resort September 21,2004 Carlsbad City Council Meeting Page 6 properties. He also spoke about the proposed process for adjusting lot lines in the “finger” land areas. Council Member Hall asked staff to clarify what steps the owner of property adjacent to the “finger” lands would need to take in order to change their property line. Mr. Munoz responded that the property owner would need to work with KSL to determine what lines could be adjusted. KSL would then present the proposed adjustments to the City staff who would review the adjustments and advise of the acceptability of the proposal. Mr. Munoz also stated that once the process is completed, a Master Plan amendment would then be put together for Planning Commission and Council review and approval. In response to inquiry from Council Member Kulchin, staff confirmed that the Master Plan amendment would come forward based on KSL’s schedule, after the boundary adjustments had been agreed upon. Ms. Kulchin also asked that staff elaborate on the traffic impacts and parking adequacy related to the project. Mr. Munoz responded that there were three primary mitigation measures associated with this project. He stated that the first mitigation measure was short-term construction access and the ability to gain access from El Camino Real, to ensure that residential streets would not be used as primary access points for the construction activity. Mr. Munoz stated that the second mitigation measure associated with the project was access to the site as it relates to special events. Mr. Munoz stated that special events now have a new list of regulations that were not in place before to provide a level of protection for the neighbors adjacent to the resort. He stated that the regulations do not allow parking in the “finger” lands, and allow for closing the public streets during special events, except to the residents. He also stated that offsite parking and shuttles will be provided for people who are attending the special events. Mr. Munoz stated that the last mitigation measure was parking adequacy and that the last phase of the resort would not be issued a building permit unless there is a determination of parking adequacy by the Planning Director. He stated that during the construction of the Villas, the builder would reach 50% of their required parking under the Master Plan, however 200 more spaces will be provided, in addition to the minimum requirement, as the phased development occurs. He stated that the plan was to not eliminate any areas that could provide parking during the construction phases. Mr. Munoz also explained there is a parking structure that could be located between El Camino Real and the existing ballroom, which could provide 138 parking spaces. He stated that it may become necessary to require the structure if parking becomes an issue. Mayor Lewis stated that Council received several letters and e-mails (on file in the City Clerk’s office) pertaining to this agenda item. September 21,2004 Carlsbad City Council Meeting Page 7 Mayor Lewis declared a recess at 7:Ol p.m. Council reconvened at 7:06 p.m. with all members present. Chevis Hosea, 2100 Costa del Mar, representing KSL, came forward to review a Power Point presentation (not on file in the City Clerk’s office). Mr. Hosea explained the improvements that have been made to the property, the need for additional facilities, and requested approval of the project. Council Member Kulchin inquired regarding the placement of the Villas into the hotel management inventory. Mr. Hosea explained that the owners would not be required to place their property under hotel management, but most have done so. He estimated that ninety percent of the units would participate in the rental program. Mayor Pro Tem Finnila asked Mr. Hosea what the plans were for cleaning up the creek area. Mr. Hosea responded that they plan to clean up the creek area, not only near the golf course but also in the area adjacent to the flood zone area. Mr. Hosea stated that they were working with an environmental consultant as well as with other groups who were interested in cleaning up the creek. Mayor Pro Tem Finnila also inquired as to whether or not there were any plans to create walking trails around or through the resort. Mr. Hosea answered that walking would be encouraged within the campus proper. Mayor Lewis opened the duly noticed public hearing at 7:20 p.m. and asked if anyone would like to speak. Ted Owen, 5934 Priestly Drive, Carlsbad, CEO of the Carlsbad Chamber of Commerce read a letter of support (on file in the City Clerk’s office) for the La Costa Resort & Spa Master Plan amendments. Jeff Eatchel, 3737 Camino del Rio South, Suite 300, San Diego, an International Representative for the union, “Unite Here Local 30”, came forward to address Council. Mr. Eatchel voiced his concerns regarding parking for La Costa Resort employees. Mr. Eatchel stated that employees might be bussed into work, due to lack of parking facilities. Mr. Eatchel stated that he could not support the Mitigated Negative Declaration (MND) until the issues were properly addressed. Marco Gonzales, 169 Saxony Road, Suite 201, Encinitas, of Coast Law Group, LLP came forward to address Council. Mr. Gonzales stated that he represented various interests in San Diego including the Surfrider Foundation, San Diego Baykeeper and “Unite Here Local 30”. September 21,2004 Carlsbad City Council Meeting Page 8 Mr. Gonzales spoke about stormwater runoff and the potential effects it could have on the Batiquitos Lagoon, landscaping and golf course pesticides, and the environmental needs of the water bodies. Mr. Gonzales stated that the Stormwater Management Plan prepared in October of 2003, had identified two very important facts: The Batiquitos Hydrologic Subunit and San Marcos Creek were both declared 303D listed water bodies. Mr. Gonzales stated that the CEQA documents did not provide any quantification of pesticide use on site. Mr. Gonzalez also stated that there was a mitigation measure requesting pest tolerant plants. He said that there currently is not a monitoring program that would suffice to determine the pesticide impacts. Mayor Pro Tem Finnila inquired as to the reason for Mr. Gonzales’s presence at the Council Meeting. Mr. Gonzales responded that he was attending on behalf of his clients, ”Unite Here Local 30”. Eloy Cortina, 7136 Estrella De Mar, Carlsbad came forward to address Council. Mr. Cortina thanked KSL for working with the community regarding the “finger” lands and addressing the citizen’s concerns regarding traffic and special events. James Bond, 2041 Caracol Court, Carlsbad spoke in support of the project, and thanked the applicant for keeping the neighbors informed about the project. William Anthony Ims, 2023 Caleta Court, Carlsbad came forward to address Council. Mr. Ims stated that his home is adjacent to the resort and that he is impressed with what KSL has achieved. Mr. Ims stated that he did not have any concerns regarding parking, traffic, and design. Mr. Ims spoke highly of how the Grand Accura Tennis Challenge was managed. He stated that had he not attended, he might not have known the event had taken place. Stephen Tate, 741 8 Via De Fortuna, Carlsbad, former President of the Jockey Club Home Owner’s Association, expressed his support for the project on behalf of the Board of Directors. Molly Rhodes, a Research Analyst with “Unite Here Local 30”, came forward to address Council. Ms. Rhodes questioned the rental of the proposed condominiums and how the effects of the rentals on the projected Transient Occupancy Tax could be known. Mr. Hosea returned to address the various concerns raised throughout the Public Hearing. Mr. Hosea stated that the units that KSL is planning to sell will be sold as airspace condominiums, and are technically considered Commercial Dwelling Units. Mr. Hosea requested that Jeremiah Simpson, a parking consultant with Walker Parking Consultants come forward to address the parking issues. September 21,2004 Carlsbad City Council Meeting Page 9 Mr. Simpson displayed a slide (not on file in the City Clerk’s office) depicting how parking will be provided. Mr. Simpson showed a 24 hour parking breakdown including the following groups: visitors, employees, and vacant spaces. He also stated that employees’ parking needs had been factored into the analysis. Mayor Pro Tem Finnila asked Mr. Simpson to explain the plan for parking during special events. Mr. Simpson responded that special events are parked separately under the provisions of the Master Plan and that there would be a few dates per year where the event parking would be handled by the event planner. He stated that the event planner would plan the provisions for employee parking. Mr. Hosea explained that for special events, a Special Use Permit is required, which includes a plan for providing adequate employee parking as well as guest parking. Council Member Hall asked the applicant to address the concerns relating to the environmental questions that were asked during the Public Hearing. Mr. Hosea stated that they have a Storm Water Protection Plan and Permit in place. Mr. Hosea stated that KSL is willing to build additional drainage facilities along the part of the creek adjacent to the Golf Center. John Maashoff responded to Mr. Gonzales’s comments relating to the Storm Water Pollution Prevention Plan. Mr. Maashoff stated that the City has worked with the applicant on the preparation of the preliminary Storm Water Management Plan and Storm Water Pollution Prevention Plan in conjunction with the Master Plan documentation. Mayor Pro Tem Finnila asked staff if our Best Management Practices are actually treating the runoff at the maximum levels rather than the adequate levels. Bob Wojick, Deputy City Engineer stated the program is set up so that the Best Management Practices are the best practicable. Mr. Wojick stated that the City as a whole has put forth a great deal of effort in complying with all the state and federal requirements of the NPDES program, including wet and dry weather monitoring. Mr. Wojick stated that the part of the plan for La Costa Resort addressed not only how the water would be treated before it was released into our waterways, but also practices such as making sure that parking lots were swept on a regular basis, and making sure that employees were trained properly in the use of pesticides and fertilizers. Mr. Wojick explained that staff looked at the entire program as is mandated to make sure that a multi-pronged attack to prevent any pollution of our waterways is in place. In response to inquiry from Council Member Packard, staff confirmed their support for recommending that Council adopt a Mitigated Negative Declaration for the project. Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public hearing at 756 p.m. September 21, 2004 Carlsbad City Council Meeting Page 10 Council Member Kulchin requested that Environmental Consultant, Betty Dehoney, come forward to answer some questions regarding storm water. Ms. Dehoney explained that the application of pesticides, and who can apply them, is very strictly regulated. Ms. Dehoney also stated that she had worked closely with La Costa as far as developing a species pallet adjacent to the stream course that is going to be drought tolerant and does not require extensive fertilizers, herbicides or pesticides. Mayor Lewis asked how upstream pollutants are monitored. Ms. Dehoney explained that detention basins are in place and that use of sediment control devices are the Best Management Practices. She noted that additional basins are required of new development. She also explained that management of the water shed is done by the Regional Water Quality Control Board. Mr. Munoz stated that there are flow meters proposed for a few locations in the City that will measure the run off into our coastal watershed and lagoons. He noted that one is proposed for La Costa Resort area in the future. Council Member Packard stated that he felt this project will be an asset not only to the immediate neighborhood but also to the community in general and that he could support the project. Council Member Hall thanked KSL for working with staff and also the neighborhood for taking a property that really did need to be redeveloped and taking the time, energy and money to redevelop the project into something that is going to be award winning. Council Member Kulchin thanked the residents for attending the meeting and stated that she could also support the project. Mayor Pro Tem Finnila stated that this plan will be better for the neighborhood, for the environment, for the economy of Carlsbad, for special event uses at the resort, and also for the creek. Ron Ball, City Attorney titled the three Ordinances. Mayor Pro Tem Finnila stated that there was a typographical error on Page 1 of the Agenda Bill and that the number of Planning Commission Members should have been reflected as seven members rather than six members. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced the following Ordinances and adopted the following Resolution: ORDINANCE NO. NS-719, amending Section 21.05.030 of the Municipal Code, by amending the zoning map to grant a zone change from (1) Single Family Residential (R-I) to Planned Community (P-C); (2) General Commercial (C-2) to P-C; (3) September 21, 2004 Carlsbad City Council Meeting Page 11 Residential Density-Multiple (RD-M) to P-C; and (4) Residential Professional (RP) to P-C, on property generally located within the La Costa Resort and Spa properties east of El Camino Real, and south of Arena1 Road, in Local Facilities Management Zone 6; (ZC 03-04) and ORDINANCE NO. NS-720, approving the La Costa Resort and Spa Master Plan (MP 03-02); and ORDINANCE NO. NS-721, amending the La Costa Master Plan (MP-149), to remove the La Costa Resort and Spa Properties; and RESOLUTION NO. 2004-304, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approving a General Plan Amendment, Tentative Tract Map, Non- Residential Planned Unit Development, Floodplain Special Use Permit and El Camino Real Corridor Special Use Permit for the La Costa Resort and Spa Master Plan on property generally located east of El Camino Real and north of San Marcos Creek, in the southeast quadrant of the City. (GPA 03-08, CT 03-01, PUD 03-06, SUP 03-06, SUP 03-03). AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, Packard RECESS: Mayor Lewis declared a recess at 8:14 p.m. Council reconvened at 8:18 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #17,801- REQUEST TO MAKE A PRESENTATION. Robert Wilkinson, 2810 Roosevelt Street, Carlsbad of Wilkinson Design Group gave a presentation regarding redevelopment of the property formerly known as the Split Pavilion, located at the Northwest corner of Carlsbad Boulevard and Pine Street. Mr. Wilkinson described the area he would like to have improved and presented a possible plan for the re-design. Patty Blank, 4650 La Portalada, Carlsbad, owner of Vinaka Coffee Shop spoke in favor of making the area more people friendly. Ms. Blank requested that the Council open their minds to the possibilities for the property. Council Member Packard suggested having the Park Planning staff take a look at this project to determine where it would fit into the timeline of all the other projects that are currently slated for construction. September 21,2004 Carlsbad City Council Meeting Page 12 Mayor Pro Tem Finnila stated that staff is currently working on four parks, and that the request would need to go through the arts and parks review processes. Council Member Kulchin stated that some citizens had contacted her and stated to her that they would like the subject property to remain as is. Council Member Hall suggested that the community should come to Council and voice their opinions if they are truly in favor of having this area re-designed. Mayor Lewis gave a brief history of the site and also concurred with the comments of Council Member Hall. He stated that citizens should provide input and ideas regarding re-design of the area. Council received the presentation and took no action. 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 ADJOURNMENT: By proper motion, the Regular Meeting of September 21, 2004 was adjourned at 8:43 p.m. Sheilf Cobian Minutes Clerk