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