HomeMy WebLinkAbout2004-10-19; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: OCTOBER 19,2004
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 Assistant 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 Kulchin 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 September 21, 2004.
Minutes of the Regular Meeting held September 21, 2004.
PRESENTATIONS:
Mayor Pro Tem Finnila presented Candice Porter of San Dieguito Alliance with a
Proclamation in recognition of Red Ribbon Week, October 24 - 31, 2004.
Ms. Porter thanked the City of Carlsbad for their support and read the names of various
schools in Carlsbad that participated in Red Ribbon Week. The students from each of
the schools came forward to give their names, as the following schools received
Proclamations:
0 Aviara Oaks Elementary School
0 Buena Vista Elementary School
0 Calavera Hills Elementary School
0 El Camino Creek Elementary School
0 Hope Elementary School
0 Jefferson Elementary School
0 Kelly Elementary School
0 La Costa Heights Elementary School
0 Magnolia Elementary
October 19,2004 Carlsbad City Council Meeting
0 Mission Estancia Elementary
0 Olivenhain Pioneer Elementary School
0 Pacific Rim Elementary School
0 Aviara Oaks Middle School
0 Calavera Hills Middle School
0 Diegueno Middle School
0 Oak Crest Middle School
0 Valley Middle School
0 Carlsbad Village Academy
0 Carlsbad High School
0 La Costa Canyon High School
Page 2
Mayor Lewis presented Seth Schulberg with a Proclamation in recognition of his service
as a Parks and Recreation Commissioner.
Mr. Schulberg expressed his appreciation to the Parks and Recreation Department staff
for their work with the Commission, and also to the City Council for giving him the
opportunity to serve.
Mayor Lewis presented Dennis Cunningham with a Proclamation in recognition of his
service as a Parks and Recreation Commissioner.
Mr. Cunningham thanked Council for the opportunity to serve on the Commission and
also voiced his appreciation for the work of the Parks and Recreation Department staff
with the Commission.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #I through #4, 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 #17,843 - APPROVAL OF REFUND FOR BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2004-334, authorizing a refund of
overpayment of business license tax to VPM Management, LLC and Extended
Stay America for Fiscal Year 2004/2005.
2. AB #17,844 - SETTLEMENT OF GHEZZI V. CITY OF CARLSBAD. ET AL.
Council reported out the terms and conditions of the settlement as required by
the Brown Act in Gheui v. Citv of Carlsbad, et al, Case No. GIN029390.
October 19,2004 Carlsbad City Council Meeting Page 3
3. AB #17,845 -APPROVE FINAL MAP FOR CT 02-13, FARBER CONDOMINIUMS.
Council adopted RESOLUTION NO. 2004-335, approving the final map for CT
02-1 3, Farber Condominiums, and authorizing the City Clerk to process the map
for recorda tion.
4. AB #17,846 -APPROVE CITY COUNCIL POLICY NO. 68 TO ADOPT
INCLUSIONARY HOUSING INCENTIVE CREDIT SCHEDULE.
Council adopted RESOLUTION NO. 2004-336, approving City Council Policy
No. 68 providing a schedule of inclusionary housing incentive credit to specify
developer eligibility for extra credit to reduce the total inclusionary housing
requirement to less than 15% of all approved residential units.
ORDINANCE FOR INTRODUCTION:
5. AB #17,847 - ESTABLISH STOP CONTROL ON UNNAMED PRIVATE STREET IN
CAR COUNTRY CARLSBAD.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NS-728, amending Title IO, Chapter 10.28 by the
revision of Section 10.28.323 of the Carlsbad Municipal Code to
require a stop on the unnamed private street located in Car
Country Carlsbad at its intersection with Paseo Del Norte.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
ORDINANCES FOR ADOPTION:
6. AB #17,851 - ESTABLISH NO PARKING ZONE ON A PORTION OF PASEO DEL
NORTE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NS-724, amending Title IO, Chapter 10.40 of the
Carlsbad Municipal Code by the revision of Section 10.40.072 to
declare no parking between 12:OO midnight and 500 a.m., seven
days a week, on both sides of Paseo Del Norte from Poinsettia
Lane to its intersection with Camino de las Ondas.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
October 19,2004 Carlsbad City Council Meeting Page 4
7. AB #17,852 -ADJUST THE COMPENSATION OF THE CITY TREASURER.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NS-725, amending Section 2.08.020 of the Carlsbad
Municipal Code to adjust the compensation of the City Treasurer.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
8. AB #17,853 -ADJUST THE COMPENSATION OF THE CITY CLERK.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NS-726, amending Section 2.08.030 of the Carlsbad
Municipal Code to adjust the compensation of the City Clerk.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
9. AB #17.854 -AMEND THE CARLSBAD RANCH SPECIFIC PLAN - SP 207(E).
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NS-727, approving an amendment to the Carlsbad
Ranch Specific Plan, SP 207(A) to allow the development of
Planning Area 5 with a hotelhime-share resort independent of the
development of Planning Area 8, on property generally located
within the City of Carlsbad’s Coastal Zone, on the south side of
Cannon Road, east of Armada Drive and west of Faraday Avenue,
in Local Facilities Management Zone 13.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
PUBLIC COMMENT:
Dave Bergthold, 1853 Avocado Road, Oceanside, came forward to address Council.
Mr. Bergthold spoke regarding the effort to preserve the Carlsbad Skate Park and
distributed handouts (on file in the City Clerk’s office) to the Council members. He
stated that his group has been in contact with one of the largest manufacturers of skate
shoes, and that the company expressed interest in locating in the area if the skate park
were preserved.
October 19,2004 Carlsbad City Council Meeting Page 5
Ron Ball, City Attorney, stated that the City does not own or control the property
therefore, it is up to the developer or the property owner to determine how the property
will be developed, or if it will be sold.
Mayor Lewis stated that the group needs to contact the property owner to explain and
discuss the concept.
Andy Macdonald, 5207 Ocean Breeze Ct., San Diego, came forward to address
Council. Mr. Macdonald, who stated that he is a professional skate boarder, spoke in
support of preserving the original Carlsbad skate park and the need for more skate
boarding facilities.
Dale P. Smith, 2066 Redwood Crest, Vista, spoke in support of preserving the original
Carlsbad skate park and the development of a skateboarding museum.
Jim Gray, 21 5 Knox Street, Costa Mesa, of skateparkcoalition.orq also spoke in support
of saving the Carlsbad skate park and the need for additional skate boarding facilities.
Council Member Packard stated that the City currently has a skate park and also has
another skate park scheduled to be built as a major component in Alga Norte Park.
Louise Balma, 745 Sleeping Indian Road, Oceanside an architect and event director for
Transworld Skateboarding Magazine, expressed her support for the preservation of the
Carlsbad skate park. Ms. Balma displayed a rendering of what the park would look like
if it were to be preserved, with the addition of a museum and other amenities.
Michele Levy, 3021 Highland, Carlsbad came forward to address Council. Ms. Levy
voiced her appreciation for the City’s conservation of electricity. Ms. Levy also
expressed concern regarding the lack of term limits for City Council members and
asked where she could acquire the information about the results of previous city
elections.
Mayor Lewis advised Ms. Levy that the information she is looking for is available in the
City Clerk’s Office.
PUBLIC HEARINGS:
1O.AB #17,848 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING.
Tom Zoll, Police Chief and Lynn Diamond, Sr. Management Analyst presented the staff
report as contained in the agenda bill.
In response to inquiry from Mayor Pro Tem Finnila regarding Drug Court, Ms. Diamond
explained that the Drug Court takes non-violet offenders into a program in which the
offender signs a contract defining a few criteria such as drug testing, job training and
drug rehabilitation. In exchange, the offender must plead guilty and therefore bypasses
the criminal justice sentencing process.
October 19,2004 Carlsbad City Council Meeting Page 6
Mayor Lewis opened the duly noticed public hearing at 659 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
659 p.m.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-337, accepting specific projects for
funding under the Department of Justice Local Law Enforcement
Block Grant Funding.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
1 1. AB #I 7,849 - TABATA RESIDENTIAL SUBDIVISION - GPA 04-1 3/LCPA 03-07/ZC
03-05.
Gary Barberio, Principal Planner and John Maashoff, Associate Engineer, presented
the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s
off ice).
Mr. Barberio stated the project site is on the east side of Black Rail Road north of the
Twin D reservoir site. Mr. Barberio also stated that the Southern Maritime Chaparral
and sensitive habitat on the site would be preserved.
Mayor Pro Tem Finnila asked staff what had been done to stabilize the slope.
Mr. Barberio explained that a good portion of the slope needs to be pulled out and
remedial grading performed. He noted that the slope is currently steeper than a two to
one slope, and that the area would be graded resulting in a contour slope, which would
be re-vegetated with native type vegetation.
In response to an inquiry from Mayor Pro Tem Finnila regarding how notice of the
project was given to existing homeowners, Mr. Barberio explained that the site was
posted with noticing signs as required for infill projects. He also responded that the
design requires the export of dirt in order to maintain the grades as they are naturally,
and that the other option would be to raise the pads which would cause a greater
impact to the adjacent properties.
Mr. Barberio reported that the Planning Department received calls and inquiries
regarding the proposed project, but had not received any complaints.
Jim Boeker, with Pasco Engineering, 535 North Highway 101, Solana Beach, came
forward to answer any questions on behalf of the applicant.
Mayor Lewis opened the duly noticed public hearing at 7:lO p.m. and asked if anyone
would like to speak.
October 19,2004 Carlsbad City Council Meeting Page 7
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
7: 10 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-729, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map to
grant a zone change from Limited Control (L-C) to One-Family
Residential (R-I) and Open Space (OS) on a 5.64 acre site
generally located on the east side of Black Rail Road, south of
Poinsettia Lane in Local Facilities Management Zone 20; and,
Council adopted RESOLUTION NO. 2004-338, approving a
Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, and approving a General Plan Amendment
and a Local Coastal Program amendment to change the General
Plan and Local Coastal Program land use designations from
Residential Low-Medium Density (RLM, 0-4 DU/AC) to Residential
Low-Medium Density (RLM, 0.4 DU/AC) and Open Space (OS) and
to change the Local Coastal Program zoning designation from
Limited Control (L-C) to One-Family Residential (R-I) and Open
Space (OS) on a 5.64 acre site generally located on the east side
of Black Rail Road, south of Poinsettia Lane in Local Facilities
Management Zone 20.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
12.AB #I 7,850 - PALOMAR POINTE - GPA 04-08/ZC 04-03/LCPA 04-07.
Barbara Kennedy, Associate Planner, and John Maashoff, Associate Engineer,
presented the staff report and reviewed a Power Point Presentation (on file in the City
Clerk’s office.) Ms. Kennedy showed the location of the project and presented a brief
history of the project.
Ms. Kennedy stated that a new public road would be constructed from College
Boulevard to the project site, and explained that the road would also be used to access
portions of the future Carlsbad Municipal Golf Course property.
Ms. Kennedy displayed an aerial photo showing that the site was covered with native
habitat including Diegan Coastal Sage Scrub, Southern Maritime Chaparral, and vernal
pools which are all considered sensitive areas. Ms. Kennedy stated that the applicant
has worked with representatives of the City and the Wild Life Agencies to identify the
areas of the site to be preserved. She explained that the “hardline” preserve areas and
developable areas have been agreed to and are included in the City’s draft Habitat
Management Plan.
Ms. Kennedy noted that the development will be limited to the flatter portions of the site,
and the steeper slopes with native vegetation and vernal pools will be designated as
October 19,2004 Carlsbad City Council Meeting Page 8
open space. Ms. Kennedy also stated that the developer is required to submit a plan to
ensure that all the open space would be professionally managed, preserved and
maintained.
In response to inquiry from Mayor Pro Tem Finnila regarding provision of notice of
airport noise, Ms. Kennedy confirmed that the tentative map contains a condition of
approval to ensure that the occupants of the office buildings would be notified of the
site’s proximity to the airport and the noise.
Mayor Pro Tem Finnila inquired if the project had received approval from the Airport
Land Use Commission concerning the heights of the buildings.
Ms. Kennedy stated the project had been approved, and is subject to the FAR 77
Rules. She noted that some height limitations had been placed on the buildings.
In response to inquiry from Council Member Kulchin, Ms. Kennedy explained that the
site plans were reviewed and given conditions of approval by the Regional Airport
Authority. She noted that the applicant must comply with both the City and Regional
Airport Authority conditions for the project.
Council Member Packard asked staff to explain the ingress and egress to the site and
why acceleration and deceleration lanes were not proposed.
Mr. Maashoff stated that the site access was established as a “right-inJ’ and “right-out”
only because there is a median cut to the south. He stated that staff does not typically
recommend acceleration lanes out of “T” intersections because it could result in a
weaving issue for drivers leaving the site. He noted that the traffic study for the project
did not find it necessary to require a deceleration lane.
Larry Jett, 181 5 Aston Avenue, Carlsbad, came forward representing the applicant, and
stated that he would respond to questions from Council.
Mayor Pro Tem Finnila asked approximately how many offices and how many people
would be located in Building “A.
Mr. Jett responded that Building “A is proposed as a 30,000 square foot building, which
would contain approximately 120 people. He stated that the current design depicts a
maximum of 12 suites of offices on two floors.
Mayor Lewis opened the duly noticed public hearing at 7:26 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
7:26 p.m.
Council Member Packard stated he would support the project.
Council Member Hall commended the developer on making the best use of the land.
October 19,2004 Carlsbad City Council Meeting Page 9
Council Member Kulchin stated she could support the project.
Mayor Pro Tem Finnila spoke in support of the project and stated that she appreciated
the developer including places to dine in the buildings.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-730, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map to
grant a zone change, ZC 04-03, from Planned Industrial to Planned
Industrial and Open Space on property generally located southeast
of College Boulevard, southwest of Aston Avenue, and north of
McClellan-Palomar Airport and east of the future Carlsbad
Municipal Golf Course, in Local Facilities Management Zone 5,
and;
Council adopted RESOLUTION NO. 2004-339, approving a
Mitigated Negative Declaration, Addendum, and Mitigation
Monitoring and Reporting Program, and approving an amendment
to the General Plan Land Use Map, and a Local Coastal Program
Amendment to re-designate the Open Space Preserve Areas from
PI and P-M to OS on a 13.47 acre parcel generally located
southeast of College Boulevard, southwest of Aston Avenue, north
of McClellan-Palomar Airport, and east of the future Carlsbad
Municipal Golf Course, in Local Facilities Management Zone 5.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER
DISTRICT
Mayor Lewis adjourned the City Council Meeting to the Special Meeting of the
Municipal Water District at 7:30 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
President Lewis adjourned the Municipal Water District Meeting to the remainder of the
City Council Meeting at 7:32 p.m. with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: None.
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.
October 19, 2004 Carlsbad City Council Meeting Page 10
Mayor Pro Tem Finnila spoke about traffic congestion and the factors impacting
congestion on our highways. Ms. Finnila briefly summarized some solutions already in
place to help reduce traffic congestion, such as van pools, ramp metering, traffic signal
coordination, and HOV lanes. Ms. Finnila spoke in support of Proposition A, on the
November 2, 2004 ballot, which will assist with funding many of the traffic congestion
relief measures.
Mayor Lewis reported that the County Water Authority Board did not take a position
regarding Prop B, on the November 2, 2004 ballot.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENT:
Karen Kundtz, Assistant City Clerk, announced that Council Members have been
invited to attend, and may be participating in the following events:
Wednesday, October 20,2004 - 11 :00 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
Thursday, October 21,2004 - 5:30 p.m.
Carlsbad Citizens’ Academy Graduation
1200 Carlsbad Village Drive
Carlsbad, California
Thursday, October 21,2004 - 7:30 p.m.
Carlsbad Evening Rotary Candidates Forum
Olympic Resort
61 11 El Camino Real
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of October 19, 2004 was adjourned at 7:46 p.m.
Respectfully submitted,
Assistant City Clerk
Sheila Cobian
Minutes Clerk