HomeMy WebLinkAbout2004-12-07; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: December 7,2004
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 6:04 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent : None.
Lewis, Finnila, Kulchin, Hall and Packard.
LEGISLATIVE INVOCATION:
Pastor Charlie Youngkin of the Carlsbad Community Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Finnila led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Council Member Kulchin abstained from approval of the minutes of the Regular Meeting
held November 9, 2004 due to the fact she was absent from the meeting.
On a motion by Mayor Pro Tem Finnila, minutes of the following meeting were
approved as presented:
Minutes of the Regular Meeting held November 9, 2004. (Kulchin -Abstain)
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #Ithrough #13, 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 #17,899 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of October 31 , 2004.
December 7,2004 Carlsbad City Council Meeting Page 2
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9.
AB #17,900 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2004-375, accepting a donation from
Creative Nail Design of four digital cameras, a photo printer and accessories, to
the Police Department.
AB #17,901 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2004-376, accepting a donation from the
North San Diego County Association of Realtors for the purchase of a flagpole
for Aviara Community Park.
AB #17,902 - APPROPRIATION OF 2004-05 USED OIL BLOCK GRANT
PROGRAM FUNDS.
Council adopted RESOLUTION NO. 2004-377, appropriating the 2004-05
California Integrated Waste Management Board (CIWMB) Used Oil Block Grant
Funds to continue the City’s used oil recycling programs.
AB #17,903 -APPROVAL OF APPLICATION TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD FOR A RUBBERIZED ASPHALT CONCRETE
GRANT.
Council adopted RESOLUTION NO. 2004-378, approving an application to the
California Integrated Waste Management Board (CIWMB) for a Rubberized
Asphalt Concrete Grant Program.
AB #17,904 -AUTHORIZATION TO REFUND FOR OVERPAYMENT OF
BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2004-379, authorizing a refund of
overpayment of business license tax to XCU Capital Corporation, Inc.
AB #17,905 -APPROVAL OF AMENDMENT WITH TIBURON, INCORPORATED.
Council adopted RESOLUTION NO. 2004-380, approving an amendment with
Tiburon, Incorporated, for a fully integrated public safety dispatch system.
AB #17.906 -APPROVAL OF PURCHASE OF TWO HYBRID VEHICLES.
Council adopted RESOLUTION NO. 2004-381, appropriating funds from the
Vehicle Replacement Fund for the purchase of two Hybrid vehicles.
AB #17,907 -AWARD OF CONTRACT FOR POLICE PATROL SEDANS.
Council adopted RESOLUTION NO. 2004-382, accepting bids and awarding the
contract to Ken Grody Ford for the purchase of seven police patrol sedans.
IO. AB #17.908 - RECEIVE AND FILE STATUS REPORT ON THE HOUSING
ELEMENT AND CONSOLIDATED PLAN UPDATES.
Council received and filed an informational report on the update of the General
Plan Housing Element and Consolidated Plan.
December 7,2004 Carlsbad City Council Meeting Page 3
11. AB #17,909 - APPROVAL OF LEASE AGREEMENT FOR PROPERTY LOCATED
AT 2833 STATE STREET.
Council adopted RESOLUTION NO. 2004-383, approving a three year lease
agreement of City-owned property at 2833 State Street with Dale Perrigo d.b.a.
The Village Grille.
12. AB #17,910 -APPROVAL OF AMENDMENT TO LEASE AGREEMENT FOR 3368
EUREKA PLACE.
Council adopted RESOLUTION NO. 2004-384, approving the first amendment to
the lease agreement for City-owned property at 3368 Eureka Place with
Montessori Arts & Sciences Inc. through March 31 , 2005.
13. AB #17.91 I -AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE
AND REPAIR - SIG04-19.
Council adopted RESOLUTION NO. 2004-385, accepting the bid proposal of
Signal Maintenance Inc., Anaheim, for traffic signal maintenance and repair.
PUBLIC COMMENTS:
Fred Chambers, a member of the Local Chapter of the National Federation of the Blind
issued an invitation to the Annual Holiday Luncheon being held on Saturday, December
11 , 2004 from 1:00 p.m. to 4:OO p.m. at the Harding Community Center. Mr. Chambers
stated for more information about the event or the National Federation of the Blind,
interested parties could call 760-480-1 265.
Mr. Chambers also thanked Mayor Pro Tem Finnila for her years of service.
PUBLIC HEARINGS:
Council Member Kulchin stepped down from the dais at 6:09 p.m. due to a potential
conflict of interest.
14. AB #17,912 - CANTARINI/HOLLY SPRINGS JOINT ENVIRONMENTAL IMPACT
REPORT AND LOCAL FACILITIES MANAGEMENT PLAN.
Barbara Kennedy, Associate Planner, and Jeremy Riddle, Associate Engineer,
presented the staff report and reviewed a Power Point Presentation (on file in the City
Clerk’s office).
Ms. Kennedy gave an overview of the Cantarini and Holly Springs projects and
discussed the following details:
0 Zone Changes
0 Site Development Plan
0 Hillside Development Plan
0 Eighty Unit Apartment Project Proposal within the Cantarini Development . Forty of the units would be set aside for low income housing
0 Architectural Design
December 7,2004 Carlsbad City Council Meeting Page 4
0 Joint Environmental Impact Report and Revised Hardlines
0 Habitat Management Plan (HMP) Open Space
Ms. Kennedy also stated a letter had been received from Preserve Calavera (on file in
the City Clerk’s office), and staff had prepared a detailed response (on file in the City
Clerk’s office) to the letter.
Mayor Pro Tem Finnila confirmed with staff that the hardline revisions had been met
with approval by the Federal and State agencies.
Ms. Kennedy confirmed that a notification would be given to potential owners regarding
the possible airport noise impacts on the homes.
Mayor Pro Tem Finnila asked staff to explain why the term Limited Control Zone (LC
Zone) is used throughout the City’s planning process.
Ms. Kennedy explained that the Limited Control Zone is an interim zone. Several of the
properties have agriculture on them at this time and the General Plan identifies that
agricultural use is an interim use occurring until future planning can happen on the site.
In response to a request from Council Member Hall, Ms. Kennedy reviewed the time
sequence of the Environmental Impact Report (EIR) as follows: . . . Draft EIR for both projects circulated for public review 6/12/03
Modifications to plans required re-circulation
Revised draft EIR included revisions to: . Land Use . Biological Resources . Water QualitylHydrology . Circulated for public review 6/2/04
Ms. Kennedy explained that the Resource Agencies had suggested removal of the
proposed pond to return the area to its natural hydrology. Ms. Kennedy explained the
agencies’ request to remove the pond was due to concerns regarding the West Nile
Virus and Vector Control.
Council Member Hall confirmed that the removal of the pond was not something
requested by the City or the Applicant, but rather by the Fish and Wildlife, Fish and
Game, Regional Water Quality Control Board and the Army Corp of Engineers.
In response to an inquiry from Mayor Lewis, Ms. Kennedy stated approximately 46% of
the project area was designated as Open Space Preserve.
Council Member Hall confirmed with staff that although the project requirement for
affordable housing is 35 units, the project would actually be providing 40 units.
David Bentley, 7449 Magellan Street, Carlsbad, representing the co-applicants of
Cantarini Ranch and Holly Springs, stated he would be available to answer any
questions that may arise.
December 7,2004 Carlsbad City Council Meeting Page 5
Ms. Lucia Sippel, 5200 Hemingway Drive, Carlsbad, Holly Springs property owner,
came forward to address Council. Ms. Sippel stressed her commitment to preserving
the area’s habitat by developing homes on large lots and limiting the grading on the
property .
Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad
came forward to address Council. Mr. Ladwig detailed the 20 and 30-feet side yard
setbacks, explaining that there would not be any homes closer than 40 feet together.
Mayor Pro Tem Finnila confirmed with Mr. Ladwig that his biologist had been retained
for the length of the project.
Mayor Lewis opened the duly noticed public hearing at 6:45 p.m. and asked if anyone
would like to speak.
Russ Kohl, 3317 Don Pablo, Carlsbad, President of Rancho Carlsbad Home Owner’s
Association spoke in support of the project and the potential benefits to Rancho
Carlsbad.
Bill Arnold, 3432 Don Ortega Drive, Carlsbad, Vice President of Rancho Carlsbad
Home Owner’s Association also spoke in support of the project.
Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera,
came forward to address Council. Ms. Nygaard utilized overhead transparencies
(copies on file in the City Clerk’s office) to review three areas of concern in regards to
the Cantarini/Holly Springs projects. The concerns related to the Environmental Impact
Report were outlined by Ms. Nygaard as follows: . Protection of the Regional Wildlife Corridor . Protection of the Wetlands . Protection of the Wetland Buffers
Karen Merrill, 6901 Quail Place, Carlsbad spoke regarding the concerns relating to the
Wildlife Corridor. Ms. Merrill stated that the 700-foot-wide wildlife corridor should be
expanded to 1,000 feet.
Kasey Cinciarelli, 2737 Lyons Court, Carlsbad expressed her concerns relating to the
protection of the wetlands in the Calavera area.
Doug Boyd, Boyd, Plenick Consultants, 27774 Pebble Beach Drive, Mission Viejo, CA,
representing the Catto family came forward to address Council. Mr. Boyd expressed
his client’s interest in the Cantarini/Holly Springs developments and the benefits his
client could derive from the two public streets that would be constructed within the
Can ta ri n i/H oll y Springs develop men t .
Mayor Pro Tem Finnila suggested Mr. Boyd obtain a preliminary review from staff
regarding his client’s project.
December 7,2004 Carlsbad City Council Meeting Page 6
Ron Rouse of Luce Forward, 7330 Alta Vista, Carlsbad representing the developer of
Cantarini Ranch came forward to address Council. Mr. Rouse spoke of the habitat
preservation on the site.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 7:06 p.m.
Council comments ensued regarding support for the Cantarini/Holly Springs projects.
Ron Ball, City Attorney, titled the Ordinances.
Mayor Pro Tem Finnila asked for the record to show the letter responding to Preserve
Calavera’s concerns on the subject of the EIR, prepared by Associate Planner, Barbara
Kennedy was on file in the City Clerk’s office.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-734, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map to
grant a Zone Change, ZC 00-05, from Limited Control (L-C) and
Residential Agriculture (R-A-10,000) to One-Family Residential -
0.5 acre minimum lot size - Qualified Development Overlay Zone
(R-I -0.5-Q), Residential Density-Medium (RD-M), and Open Space
(OS) on property generally located east of College Boulevard and
North of El Camino Real in Local Facilities Management Zone 15;
and
Council introduced ORDINANCE NO. NS-735, amending Section
21.05.030 of the Carlsbad Municipal Code by an amendment to the
Zoning Map to grant a Zone Change, ZC 00-09, from Limited
Control (L-C) to One-Family Residential-0.5 Acre Minimum Lot
Size-Qualified Development Overlay Zone (R-I -0.5-Q) and Open
Space (OS) on property generally located east of College
Boulevard and south of future Cannon Road in Local Facilities
Management Zone 15; and
Council adopted RESOLUTION NO. 2004-386, certifying
Environmental Impact Report (EIR) 02-02, adopting the Candidate
Findings of Fact, the Statement of Overriding Considerations and
the Mitigation Monitoring and Reporting Program for the
Cantarini/Holly Springs Joint EIR, and approving the Zone 15 Local
Facilities Management Plan amendment for the Cantarini Ranch
and Holly Springs Development proposals generally located north
of El Camino Real and east of the College Boulevard and Cannon
Road intersection within Local Facilities Management Zone 15; and
December 7,2004 Carlsbad City Council Meeting Page 7
Council adopted RESOLUTION NO. 2004-387, approving a
General Plan Amendment, Tentative Tract Map, Site Development
Plan, and Hillside Development Permit for the Cantarini Ranch
Project generally located north of El Camino Real and east of the
College Boulevard and Cannon Road intersection within Local
Facilities Management Zone 15; and
Council adopted RESOLUTION NO. 2004-388, approving a
General Plan Amendment, Tentative Tract Map, and Hillside
Development Permit for the Holly Springs Project generally located
north of El Camino Real and east of the College Boulevard and
Cannon Road intersection within Local Facilities Management Zone
15.
AYES:
NOES: None.
ABSENT: Kulchin
Lewis, Finnila, Hall, and Packard
Council Member Kulchin returned to the dais at 7:20 p.m.
RECESS:
Mayor Lewis declared a recess at 7:20 p.m. Council reconvened at 7:27 p.m. with all
members present.
CONVENE THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING
AND REDEVELOPMENT COMMISSION
Mayor Lewis convened the Joint Special Meeting of the City Council and Housing and
Redevelopment Commission at 7:27 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 7:39 p.m. with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
16.AB #17,914 -APPROVAL OF COMMUNITY ACTIVITY GRANTS PROGRAM 2004-
05 FUNDING RECOMMENDATION.
Cheryl Gerhardt, Senior Accountant, presented the staff report and reviewed a Power
Point presentation (on file in the City Clerk’s office).
Ms. Gerhardt summarized the outcome of the current and previous years grant
recipients.
December 7,2004 Carlsbad City Council Meeting Page a
Lisa Limber, 1878 Outrigger Lane, Carlsbad, representing the North County Vietnam
Veteran’s Memorial Project, came forward to address Council. Ms. Limber thanked
Council, staff and the Citizen Review Committee for considering the Vietnam Memorial
as a recipient of the grant funds. Ms. Limber stated that the grant would enable them to
make a substantial deposit on the granite monument.
Jack Frazier, Social Studies instructor at Carlsbad High School thanked Council for
their support of the Vietnam Veteran’s Memorial. Mr. Frazier stated that the efforts of
approximately 320 students over the past two years had gone into this project.
In response to a request from Council Member Hall, Mr. Frazier stated he would provide
Council with a list of the names that will be honored on the Memorial.
Council Member Packard thanked staff and the citizen’s for their participation on the
Community Activity Grant Citizen Review Committee.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-390, accepting the recommendation of
the Community Activity Grant Citizen Review Committee and
allocating funds to the organizations identified.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
17.AB #17,915 - BEACH PRESERVATION COMMITTEE APPOINTMENTS.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-391 , RESOLUTION NO. 2004-392, and
RESOLUTION NO. 2004-393, reappointing Ed Andrews and
Jonathan Campbell to the Beach Preservation Committee and
appointing Angela Lockhart to the Beach Preservation Committee.
AYES: - NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
Mayor Lewis continued Resolution No. 2004-394, appointing one member to the Beach
Preservation Committee to the December 14, 2004 City Council Meeting.
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.
December 7,2004 Carlsbad City Council Meeting Page 9
ANNOUNCEMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of December 7, 2004 was adjourned at
8:05 p.m. r
E M. WOOD, CMC
Sheila Cobian
Deputy City Clerk