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Home My WebLink About2004-11-16; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: November 16,2004 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:Olp.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: None. Lewis, Finnila, Kulchin, Hall and Packard. LEG IS LATlVE INVOCATION : Pastor Silas Krueger of Beautiful Savior Lutheran Church offered the Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Finnila led the Pledge of Allegiance. APPROVAL OF MINUTES: Mayor Pro Tern Finnila stated she would abstain from approval of the minutes of the Special Meeting held October 21 , 2004 due to the fact she did not attend the meeting Council Member Kulchin and Council Member Half abstained from approval of the minutes of the Special Meeting held October 20, 2004 due to the fact they were absent from the meeting. On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were unanimously approved as presented: Minutes of the Regular Meeting held October 19, 2004. Minutes of the Special Meeting held October 20, 2004. (Kulchin/Hall - Abstain) Minutes of the Special Meeting held October 21 , 2004. (Finnila - Abstain) Minutes of the Regular Meeting held October 26, 2004. Minutes of the Regular Meeting held November 2, 2004. November 16, 2004 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Items No. 1, 4, and 5 were pulled for discussion. ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #2, #3 and #6, 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 #17,887 - ACCEPTANCE OF DONATION. This item was pulled for discussion. 2. AB #17,888 -ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 2004-366, accepting donations from the Carlsbad Police Officers Association and the Carlsbad Village Optimist Club for the Recreation Department’s T.R.U.S.T. (Teaching Respect and Unity through Sportsmanship and Teamwork) Program. 3. AB #17,889 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2004-367, accepting a donation from the Friends of Ramona Finnila for the Community Activity Grants fund for various community service activities. 4. AB #17,890 -ACCEPTANCE OF GRANT. This item was pulled for discussion. 5. AB #17,891 -AMENDMENT TO AGREEMENT FOR ARTWORK AT AVIARA COMMUNITY PARK. This item was pulled for discussion. 6. AB #17,892 -AWARD OF CONTRACT FOR CARLSBAD CITY GOLF COURSE PROJECT PHASE 1. Council adopted RESOLUTION NO. 2004-370, accepting bids and awarding the contract to Romero General Construction for construction of Phase 1 of the Carlsbad City Golf Course Project, and appropriating funds for the project. November 16,2004 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEMS: 1, AB #17,887 -ACCEPTANCE OF DONATION. Tom Missett, representing Allied Waste, came forward to address Council Mayor Lewis thanked Mr. Missett for the donation from Allied Waste ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-365, accepting a donation of $1,000 from Palomar Transfer Station/AWIN to the Carlsbad Citystuff Program and appropriating funds. Lewis, Finnila, Kulchin, Hall and Packard e: NOES: None. 4. AB #17,890 -ACCEPTANCE OF GRANT. Dominic Calarco, Recreation Area Manager, gave a brief synopsis of the Home and Garden Television grant donation and displayed a short video of the Home and Garden Television promotion of Carrillo Ranch. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-368, accepting $25,000 in grant funding in support of the Carrillo Ranch Barbeque Restoration Project. Lewis, Finnila, Kulchin, Hall and Packard - AYES: _NOES: None. 5. AB #17.891 -AMENDMENT TO AGREEMENT FOR ARTWORK AT AVIARA COMMUNITY PARK. Council Member Hall asked that this item be pulled and that staff give a brief presentation. Peter Gordon, Cultural Arts Manager and John Cahill came forward to give an explanation of this agenda item. Mr. Cahill explained that the scope of the artwork to be constructed and installed at the community center for Aviara Community Park would be reduced due to the fact that the construction of the community center had been postponed for several years. In response to an inquiry from Council Member Packard, Mr. Gordon explained how the artwork had been selected. Mayor Lewis asked staff how many people were on the Art Selection Committee. November 16,2004 Carlsbad City Council Meeting Page 4 Mr. Gordon responded that there are usually a minimum of five people on an Art Selection Committee. He noted that forty seven artists had submitted entries for review by the committee. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-369, approving an amendment to the Public Art Contract with artists Richard Keely and Anna O’Cain for artwork at Aviara Community Park. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. DISCUSSION REGARDING ITEM #12: Mayor Lewis requested and Council Members concurred that the staff presentation regarding Agenda Item #12, be heard and that any public input or any general discussion on the topic postponed until the new Council Member is sworn into office. ORDINANCES FOR ADOPTION: 7. AB #17,894 - ESTABLISHMENT OF SPEED LIMIT ON COLLEGE BOULEVARD. City Attorney, Ron Ball titled the Ordinance. Council Member Kulchin stated she was qualified to vote on this item due to the fact she viewed the tape of the November 9, 2004 Council Meeting. 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. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, and Packard 8. AB #17,895 - ESTABLISHMENT OF SPEED LIMIT ON CANNON ROAD. City Attorney, Ron Ball titled the Ordinance. Council Member Kulchin stated she was qualified tovote on this item due to the fact she viewed the tape of the November 9, 2004 Council Meeting. November 16,2004 Carlsbad City Council Meeting Page 5 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. Lewis, Finnila, Kulchin, Hall, and Packard PUBLIC COMMENTS: Darrell Pines, 3929 Monroe Street, Carlsbad came forward to address Council. Mr. Pines expressed concerns regarding the sale of Legoland and the possible impact the sale could have on Carlsbad if changes to the park were allowed. Mr. Pines stated he would like to see restrictions so that the park does not evolve into something larger. Katie Wheeler, 4653 Woodstock Street, Carlsbad expressed concerns relating to regional large format stores. Ms. Wheeler stated that the low income jobs that the large format stores offer create hidden costs for the community such as impacts on public assistance programs. Michael Holzmiller, Planning Director responded to Mr. Pines concerns regarding Legoland. He stated that the Legoland project was conditioned to be the type of theme park it is right now with educational components and age group specific rides (up to 13 years of age), so that if another entity purchased the park, changes would not be permitted under the present approvals. Mayor Lewis explained that he had met with the CEO of Legoland and that the park is for sale, however the park will be sold to an entity within Lego, and therefore would remain within the Leg0 family of corporations. PUBLJC HEARINGS: 9. AB #17,896 - VILLAGES OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5 - CT 04-02/PUD 04-01/CT 04-03/PUD 04-02/CT 04-04/PUD 04-03. Chris DeCerbo, Principal Planner, and John Maashoff, Associate Engineer, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). In response to a request from Mayor Pro Tem Finnila, Mr. DeCerbo indicated the portion of the Citywide Trail System that runs through the neighborhood. In response to an inquiry from Mayor Pro Tem Finnila, staff confirmed that proposed homeowners would receive educational materials regarding the sensitive habitat along the trails near their homes. November 16,2004 Carlsbad City Council Meeting Page 6 In response to an inquiry from Mayor Lewis, Mr. DeCerbo stated that the City would be responsible for the maintenance of the trails. The applicant, Fred Arbuckle, Morrow Development, 1903 Wright Place, Suite 180, Carlsbad hi-lighted the project benefits to the community, including the road improvements and preservation of open space. Jack Henthorn, Henthorn and Associates, 5365 Avenida Encinas, Suite A, Carlsbad came forward to address Council on behalf of the applicant. Mr. Henthorn reviewed a Power Point Presentation (not on file in the City Clerk’s office). Mr. Henthorn presented an overview of the Villages of La Costa Ridge and discussed the adjacent neighborhoods, trails and the private street system. Mayor Lewis opened the duly noticed public hearing at 657 p.m. and asked if anyone would like to speak. Steve Smith, Xana Way, Carlsbad expressed concerns regarding the increased traffic on Xana Way due to the gated entrances to the proposed developments and the Rancho Santa Fe Road and Melrose Drive improvements. Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public hearing at 6:59 p.m. In response to Mr. Smith’s concerns, Mr. Maashoff stated that traffic calming measures including signage to restrict left turns onto Xana Way from the new residents in the Ridge development would be installed, thereby deterring additional traffic. In response to an inquiry from Council Member Kulchin, staff confirmed that the project will provide over 1000 acres of open space and that the maintenance would be provided through an endowment. In response to an inquiry from Mayor Lewis, Mr. Maashoff explained that the Master Tentative Map included gated streets, and that the Planned Unit Development implements the gates. Mayor Pro Tem Finnila referenced the City Attorney’s memo dated 11/16/04 (on file in the City Clerk’s office), and the condition to require provision of educational materials regarding sensitivity of open space habitat, and acknowledgement by lot purchasers. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-372, approving Tentative Tract Map 04- 02, Planned Unit Development 04-01 , Tentative Tract Map 04-03, Planned Unit Development 04-02, Tentative Tract Map 04-04, and Planned Unit Development 04-03 for property generally located south of Alga Road, east of El Fuerte Street and west of Xana Way in Local Facilities Management Zone 11 as amended to include City Attorney’s memo dated November 16, 2004 adding condition #2, as follows: November 16,2004 Carlsbad City Council Meeting Page 7 “2. That the recommendation of the Planning Commission for the approval of Tentative Tract map CT 04-02, Planned Unit Development PUD 04-01, Tentative Tract Map CT 04-03, Planned Unit Development PUD 04-02, Tentative Tract Map CT 04-04 and Planned Unit Development PUD 04-03 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5734, 5735, 5736, 5737, 5739 and 5740, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council except condition 15(g) of Planning Commission Resolution No. 5736 which shall instead read: ’Educational materials regarding the sensitivity of the HCP/OMSP shall be given to proposed project residents as part of the CC&Rs and, when a lot is purchased the purchasers shall acknowledge receipt of said educational materials prior to the close of escrow.”’ AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, and Packard CONVENE THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND MUNCIPAL WATER DISTRICT Mayor Lewis convened the Joint Special Meeting of the City Council and Municipal Water District at 7:13 p.m. with all members present RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting to the remainder of the City Council Meeting at 7:14 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11 .AB #17,893 - MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN. Joseph Garuba, Senior Management Analyst and Kelly Cain, Police Lieutenant, presented the staff report and reviewed a Power Point presentation (on file in the City Clerk’s office). Council Member Packard asked staff if nuclear accidents were included in this plan. Mr. Garuba responded that nuclear accidents were included in the larger plan, and that Carlsbad is included as a destination for those leaving San Onofre in the event of an accident. Council Member Hall asked if there would be citizen involvement and training. Mr. Garuba described current public involvement such as earthquake preparedness training provided to the public by the Fire Department. November 16,2004 Carlsbad City Council Meeting Page 8 Council Member Hall stated that he believes employee training and citizen involvement is very important. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-371, adopting the Multi-Jurisdiction Hazard Mitigation Plan for the City of Carlsbad. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 12.AB #17,898 - ENHANCED RETAIL OPPORTUNITIES STUDY - GPA 94-07IZCA 04-07/LCPA 04-06. Jennifer Coon, Associate Planner presented the staff report and reviewed a Power Point presentation (on file in the City Clerk’s office). Council Member Kulchin asked staff to look into requiring CUP’S for all large format stores. By consensus, Council concurred that no public input, general discussion, or action would take place on this item until the new Council Member is sworn into office, and that the item return to Council after January. 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. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Tuesday, November 23,2004 - 500 p.m. Victory Celebration Hilton Garden Inn 6450 Carlsbad Blvd. Carlsbad, California Thursday, December 2,2004 - 530 p.m. Planning Commission Staff Appreciation Event Army & Navy Academy 2505 Ocean Street Carlsbad, California November 16,2004 Carlsbad City Council Meeting Saturday, December 4,2004 - 1O:OO a.m. 2005 Carlsbad Calendar Celebration Carlsbad Senior Center 799 Pine Avenue Carlsbad, California Page 9 Saturday, December 4,2004 - 6:OO p.m. Carlsbad Police Officers' Association Holiday Event Grand Pacific Palisades Resort 5805 Armada Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of November 16, 2004 was adjourned at 7:38 p.m. .7 Sheila Cobian Minutes Clerk