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HomeMy WebLinkAbout2004-11-09; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: NOVEMBER 9,2004 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: Kulchin. Lewis, Finnila, Hall and Packard. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, minutes of the following meeting were approved as presented: Minutes of the Regular Meeting held October 12, 2004. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #I 0 as follows: AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, 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 #17,873 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2004-353, approving out-of-state travel for two police department information technology employees to attend training for the Storserver system in Colorado Springs, Colorado. November 9,2004 Carlsbad City Council Meeting Page 2 2. AB #17,874 - QUITCLAIM OF TWO PUBLIC DRAINAGE EASEMENTS AND TWO COVENANTS FOR DRAINAGE EASEMENTS - CT 92-08. Council adopted RESOLUTION NO. 2004-354, approving a quitclaim of two public drainage easements over Lot 1, and two covenants for drainage easements over Lots 8 and 9, of Map 13997, in Carlsbad Tract 92-08 to Continuing Life Communities LLC. 3. AB #17,875 - INTENTION TO VACATE A PORTION OF ESTRELLA DE MAR ROAD AND CORTE QUINTA MAR - STV 03-02. Council adopted RESOLUTION NO. 2004-355, declaring the City’s intention to vacate a portion of Estrella de Mar Road and Corte Quinta Mar and setting a public hearing for December 14, 2004. 4. AB #17,876 -ACCEPTANCE OF GRANT AND APPROVAL OF AGREEMENT FOR PROJECT MANAGER. Council adopted RESOLUTION NO. 2004-356, accepting a “Museums for America” grant to support the development of a “Balanced Scorecard” performance measurement tool for libraries, and approving an agreement with JRM Consulting, Inc. for project management services. 5. AB #17,877 -AGREEMENT FOR A CONSERVATION EASEMENT OVER MITIGATION LAND REQUIRED FOR THE CITY GOLF COURSE PROJECT. Council adopted RESOLUTION NO. 2004-357, approving a purchase agreement for a conservation easement (City of Carlsbad HCP Offsite) with Real Estate Collateral Management Company, and approving a Memorandum of Understanding with the California Department of Fish and Game regarding the purchase of 51.6 acres of habitat to mitigate impacts from the City’s proposed municipal golf course. 6. AB #17,878 - LEASE AGREEMENT FOR 2075 LAS PALMAS DRIVE PROPERTY. Council adopted RESOLUTION NO. 2004-358, approving a four-year lease agreement with Cygnus Multimedia Communications, Inc., for use of the property located at 2075 Las Palmas Drive, Carlsbad, CA. 7. AB #17,879 - RETENTION OF SPECIAL COUNSEL FOR CABLE TELEVISION FRANCHISE RENEWAL CONSULTING SERVICES. Council adopted RESOLUTION NO. 2004-359, authorizing the retention of the law firm of Miller & Van Eaton, L.L.P. as special counsel for provision of cable television franchise renewal consulting services. 8. AB #17.880 - SECOND AMENDMENT IN 2004 TO THE GENERAL PLAN LAND USE ELEMENT, CIRCULATION ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT - GPA 02-05, GPA 03-05, GPA 03-08, GPA 03-1 3, GPA 04-01. GPA 04-04, GPA 04-08, GPA 04-1 1, AND GPA 04-1 3. Council adopted RESOLUTION NO. 2004-360, approving the Second General Plan Amendment Batch of 2004 consisting of 9 changes to the General Plan for projects commonly known as: Carlsbad Family Housing; Emerald Pointe Estates; La Costa Resort and Spa Master Plan; Residential General Plan/Zoning November 9,2004 Carlsbad City Council Meeting Page 3 Consistency Amendments; Circulation Element Update; Lohf Subdivision; Palomar Pointe; ThompsonITabata; and Tabata Residential Subdivision. 9. AB #17,881- GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR FISCAL YEAR 2003-2004. Council adopted RESOLUTION NO. 2004-361 , accepting the General Plan Implementation Status Report for Fiscal Year 2003-2004. 10. AB #17,882 -ANNUAL HOUSING PRODUCTION REPORT - FISCAL YEAR 2004. Council adopted RESOLUTION NO. 2004-362, accepting the Fiscal Year 2003- 2004 Annual Housing Production Report. ORDINANCES FOR INTRODUCTION: 11 .AB #17,883 - ESTABLISHMENT OF SPEED LIMIT ON COLLEGE BOULEVARD. City Attorney, Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-731, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.350 to establish a prima facie 45 mile per hour speed limit upon College Boulevard from Cannon Road to the north City limit. b AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. 12.AB #17,884 - ESTABLISHMENT OF SPEED LIMIT ON CANNON ROAD. City Attorney, Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-732, amending Title IO, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.380 to establish a prima facie 50 mile per hour speed limit upon Cannon Road from El Camino Real to its intersection with College Boulevard. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. PUBLIC COMMENT: None. November 9,2004 Carlsbad City Council Meeting Page 4 PUBLIC HEARING: 13.AB #17,885 - 2005-2006 CDBG/HOME PROGRAM. Frank Boensch, Management Analyst, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mayor Pro Tem Finnila asked staff to explain how the City receives money from the Villa Loma project to supplement the money received from the federal government for the programs. Mr. Boensch explained that the City received a loan from the CDBG program that was used to help purchase the Villa Loma property. He stated that the property is leased to Bridge Housing, and that, in return, a portion of the revenue generated from the property is returned to the CDGB program to be used for other projects. In response to inquiry from Council Member Hall, Mr. Boensch confirmed that notices will be sent to those who received program funding last year and anyone who had expressed an interest in receiving notice regarding the program. In response to an inquiry from Mayor Lewis, Mr. Boensch stated that citizens could contact the Housing and Redevelopment office for assistance when completing the applications. Mayor Lewis also stated that there are two vacancies on the CDBG/HOME Advisory Committee. He stated that he would request names to be submitted by Council Member Kulchin for a representative from the SouthIEast Quadrant, and by the Planning Commission Chairperson for a representative from the Commission. Council Member Packard asked if an existing apartment complex participates in either the Section 8 or HUD Housing Programs, does it also contribute to the City’s requirement for low-income housing. Sandra Holder, Community Development Director, stated the Section 8 Program is considered in the Housing Element to be part of the overall picture for providing low income housing in the community and the City would receive credit. Mayor Lewis asked staff if the City could partner with a private concern to purchase an apartment complex for low cost housing. Ms. Holder responded that as long as the applicant is income eligible and meets the requirements under CDBG, the City has a number of different opportunities to assist with the acquisition of housing. Mayor Lewis opened the duly noticed public hearing at 6:17 p.m. and asked if anyone would like to speak. November 9,2004 Carlsbad City Council Meeting Page 5 Ms. Socorro Rodriguez-Anderson, 3222 Roosevelt Street came forward to address Council. Ms. Anderson inquired whether income from the Poinsettia Station and Laurel Tree projects is returned to the City. Ms. Rodriguez-Anderson also thanked the Housing and Redevelopment Department for their recent assistance with obtaining housing for an elderly woman who had been given a termination notice. In response to Ms. Rodriguez-Anderson’s inquiry, Mr. Boensch responded that the City does not receive any program income from the Poinsettia Station or Laurel Tree projects, since CDBG funds were not invested in those projects. Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public hearing at 6:19 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESPOLUTION NO. 2004-363, approving the 2005-2006 CDBG/Home Program Funding Plan; approving the CDBG/Home application review process; and authorizing distribution of a “Request for Proposals” for the 2005-2006 CDBG/Home Program. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, Hall and Packard. DEPARTMENTAL AND CITY MANAGER REPORT: 14.AB #17,886 - HABITAT MANAGEMENT PLAN. Michael Holzmiller, Planning Director and Don Rideout, Principal Planner presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mr. Holzmiller explained the two actions before Council were the approval of the Implementing Agreement and the adoption of the Urgency Ordinance. He stated that the wild life agencies will approve the Habitat Management Plan (HMP) following the City Council action. He reported that the HMP will provide for the preservation and maintenance of 6,500 acres of habitat. Mr. Rideout explained that the purpose of the Implementing Agreement, in connection with the Habitat Management Plan (HMP), is to provide mutual assurances to the involved parties the City Carlsbad, U.S. Fish and Wildlife Service, and the California Department of Fish and Game and to provide additional details and legal provisions and guarantee that the plan will be implemented. Mr. Rideout explained that the purpose of the Urgency Ordinance is to require immediate compliance with the Habitat Management Plan (HMP) for all development projects. He stated that following approval by the City and the Wildlife Agencies, all future development projects will be subject to the plan. He reported that adoption of the Urgency Ordinance would allow staff additional and time to develop the permanent November 9,2004 Carlsbad City Council Meeting Page 6 Ordinance that is needed to implement the HMP, and allow staff flexibility when reviewing individual development projects in the interim. Mr. Rideout explained that state law requires that the matter be returned to Council within 45 days, for Council to consider extending the Urgency Ordinance for an additional IO months and 15 days. Council Member Packard asked staff to explain the current “No Surprise Policy”. Mr. Holzmiller explained that the “No Surprise Policy” was adopted by the Federal Department of the Interior to provide an incentive for Cities and agencies to establish Habitat Management Plans. He stated that the “No Surprise Policy” provides assurance that if the City establishes and fully implements a plan, and abides by all the terms, the City cannot be mandated to provide additional habitat at a later date. Allison Rolfe, 2924 Emerson Street, Suite 200, San Diego, Policy Director for San Diego Baykeeper and Coordinator of the North County Open Space Coalition, came forward to address Council. Ms. Rolfe spoke in support of the Habitat Management Plan and Council’s action. She stated that Carlsbad will be the first City in North County to adopt its sub-area plan. She noted that, as such, Carlsbad should qualify for available funding for habitat land purchase if the Transnet reauthorization passes. Lee Ann Carranza of the Fish and Wildlife Service spoke about the benefits of the Habitat Management Plan. Ms. Carranza stated that the plan will provide connected habitat preserves that will be maintained and monitored, and will provide for streamlined permitting. Ms. Carranza stated that the Carlsbad HMP will be the first, and will serve as a model for other cities. Susan Lynn, U.S. Fish and Wildlife also spoke in support of the plan and the benefits that would be derived from the Implementing Agreement. Council discussed the Multiple Habitat Comprehensive Plan and the status of Section 6 grant monies. Ron Rouse, 11 988 El Camino Real, Suite 200, San Diego representing the owner/developer of the Fox Miller property, one of the original “hardline” properties in the HMP, came forward to address Council. Mr. Rouse expressed support for the HMP. Mr. Rouse referenced a letter (on file in the City Clerk‘s office) sent to the City in regards to his clients’ concerns about collateral conditions attached to the HMP. Mr. Rouse stated that language had been worked out for a solution regarding the concerns and thanked staff and the wildlife agencies for their assistance. In response to Council inquiry, City Attorney Ball explained Condition #3 contained in his Memorandum, dated November 9, 2004, (on file in the Office of the City Clerk) and the special terms and conditions proposed by the U.S. Fish & Wildlife Service for the take permit issued under the terms of the HMP. November 9,2004 Carlsbad City Council Meeting Page 7 Ron Ball, City Attorney, titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-364, approving an agreement with The California Department of Fish and Game and the U.S. Fish and Wildlife Service to establish the Habitat Management Plan for the conservation of threatened, endangered and other species in the City of Carlsbad, as amended to include Paragraph #3, as contained in the City Attorney’s Memorandum, dated November 9, 2004, as follows: “The Planning Director is authorized to accept the 1 O-A Take Permit with conditions only consistent with the Endangered Species Act, the Habitat Management Plan, the Subarea Plan of the North San Diego County Multiple Habitat Conservation Plan and the Implementing Agreement and no others”; and Directed that the Public Hearing to consider extending the Ordianance be set for December 14,2004 ;and Adopted URGENCY ORDINANCE NO. NS-733, establishing temporary land use controls to protect sensitive biological resources in conformance with the recently approved Habitat Management Plan pending preparation and consideration of any necessary amendments to ordinances, codes and policies. AYES: NOES: None. ABSENT: Kulchin. Lewis, Finnila, 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. ADJOURNMENT: By proper motion, the Regular Meeting of November 9, 2004 was adjourned at 7:lO p.m. LO~AINE M. WOOD, CMC City Clerk Sheila Cobian Minutes Clerk