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HomeMy WebLinkAbout2005-01-11; City Council; Minutes (2)MINUTES MEETING OF : DATE OF MEETING: January 11,2005 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Special Meeting) Carlsbad City Library Schulman Auditorium 1775 Dove Lane Carlsbad, CA 92009 CALL TO ORDER: Mayor Pro Tem Hall called the Meeting to order at 6:06 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Absent: Lewis. Hall, Kulchin, Packard and Sigafoose. APPROVAL OF MINUTES: Council Member Sigafoose abstained from approval of the minutes of the Regular Meetings held December 7'h and December 14'h, 2004 and the Special Meetings held December 7'h and December 14'h, 2004 due to the fact she was not a member of Council at that time. On a motion by Council Member Kulchin, minutes of the following meeting were approved as presented: Minutes of the Special Meetings held December 7, 2004. (Sigafoose - Abstain) Minutes of the Regular Meeting held December 7, 2004. (Sigafoose - Abstain) Minutes of the Special Meetings held December 14, 2004. (Sigafoose - Abstain) Minutes of the Regular Meeting held December 14, 2004. (Sigafoose -Abstain) Minutes of the Special Meeting held December 15, 2004. AYES: NOES: None. ABSENT: Lewis. Hall, Kulchin, Packard and Sigafoose. PRESENTATIONS: Mayor Pro Tem Hall presented retiring City employee, Nora Gardiner, with a Proclamation in recognition of her 33 years of service to the City of Carlsbad. Council Member Kulchin presented retiring City employee, James Sheffield, with a Proclamation in recognition of his 27 years of service to the City of Carlsbad. Ms. Kelly Rauch from Fireman's Fund Insurance Company presented Council with a donation of $13,600 to be used towards the purchase of confined space communications and rescue equipment. January 11,2005 Carlsbad City Council Meeting Page 2 Ms. Rauch also thanked Chief Crawford for his support of the Fireman’s Fund Grant program. CONSENT CALENDAR: ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #8, as follows: - AYES: - NOES: None. ABSENT: Lewis. Hall, Kulchin, Packard and Sigafoose. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17,932 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of November 30,2004. 2. AB #17,933 -ACCEPTANCE OF IMPROVEMENTS TO INSTALL SPORTS LIGHTING AND ELECTRICAL UPGRADES AT CHASE FIELD - CONTRACT NO. PKS 03-08, PROJECT NO. 38841. Council adopted RESOLUTION NO. 2005-001, accepting the installation of sports lighting and electrical upgrades at Chase Field as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 3. AB #17.934 - PURCHASE OF A FORD EXPEDITION AND TAURUS SEDANS. Council adopted RESOLUTION NO. 2005-002, accepting the proposals of Ken Grody Ford and Pacific Ford for the purchase of a Ford Expedition and Taurus sedans, respectively. 4. AB #17,935 -APPOINTMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT/HOME INVESTMENT PARTNERSHIP FUNDING ADVISORY COMMITTEE. Council adopted RESOLUTION NO. 2005-003, appointing members to the Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for Program Year 2005-2006. 5. AB #17,936 - AUTHORIZING RIGHT OF WAY CERTIFICATIONS FOR FEDERAL AND STATE AID PROJECTS REQUIRED BY THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Council adopted RESOLUTION NO. 2005-004, authorizing the City Engineer to execute Right of Way Certifications for federal and state aid projects required by the California Department of Transportation. January 11,2005 Carlsbad City Council Meeting Page 3 6. AB #17.937 -APPROVAL OF CITY INVESTMENT POLICY. Council adopted RESOLUTION NO. 2005-005, approving the City’s investment policy dated January 11, 2005. 7. AB #17,938 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE CARLSBAD CITY LIBRARY CHILDREN’S GARDEN PROJECT - CONTRACT NO. 425-4. Council adopted RESOLUTION NO. 2005-006, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of the Carlsbad City Library Children’s Garden Project at the Dove Library. 8. AB #17,939 -APPROPRIATION OF FUNDS TO THE CITY OF VISTA FOR IMPROVEMENTS TO THE BUENA VISTA LIFT STATION - PROJECT NO. 33221. Council adopted RESOLUTION NO. 2005-007, approving the appropriation of funds and authorization of payments to the City of Vista for improvements to the Buena Vista Lift Station. PUBLIC COMMENTS: Leonard Miller, 6820 Via Verano, Carlsbad, expressed concern regarding the increased traffic on Xana Way due to the gated entrances of the proposed La Costa Ridge Villages 2.5 development and the Rancho Santa Fe Road and Melrose Drive improvements. Mr. Miller provided a PowerPoint slide (not on file in the City Clerk’s office) showing the location of the projects. Mayor Pro Tem Hall stated that the projects being referenced had already come before Council and had been approved, therefore suggested that Mr. Miller speak with City staff regarding the matter. PUBLIC HEARINGS: 9. AB #17,940 - PDP I(G) - ENCINA WASTEWATER AUTHORITY BUILDING PROGRAM. Elaine Blackburn, Senior Planner, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Ms. Blackburn detailed the architecture, traffic circulation, parking requirements, and building heights of the proposed project. In response to an inquiry from Council Member Packard, Ms. Blackburn explained that the project would not come back to Council for further architectural approval if it were approved this evening. Ms. Blackburn also explained the Consistency Determination Process that would be used in the event that the applicant were to request changes to from the Council approved plan. January 11,2005 Carlsbad City Council Meeting Page 4 Mayor Pro Tem Hall opened the duly noticed public hearing at 6:35 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Pro Tern Hall closed the duly noticed public hearing at 6:35 p.m. Council Member Packard voiced concerns regarding the significant possibility of a redesign of the project due to the fact that the one bid received was 60% higher than the architects estimate. Tish Berge, Director of Environmental Compliance, speaking on behalf of the Encina Wastewater Authority, explained that the project would once again be going out to bid to a short list of potential general contractors in the hopes of receiving additional and more competitive bids. Council discussion ensued regarding concerns relating to the cost of the project. Council Members Kulchin and Sigafoose both stated that they agreed with Council Member Packard’s concerns regarding the cost of the project, however they could support the project at this time. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2005-008, adopting a Negative Declaration and approving Precise Development Plan Amendment PDP 1 (G) on property generally located on the east side of Avenida Encinas between Poinsettia Lane and Palomar Airport Road in Local Facilities Management Zone 3. AYES: - NOES: None. ABSENT: Lewis. Hall, Kulchin, Packard and Sigafoose. IO. AB #I 7,941 - GPA 04-1 6/ZC 04-1 2/LCPA 04-12 - NORTH COAST CALVARY CHAPEL. Van Lynch, Senior Planner, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mayor Pro Tem Hall stated that Council was in receipt of a letter (on file in the City Clerk’s office) from the Law Offices of Don Detisch, representing Ms. Victoria Fernandez outlining various concerns relating to the proposed project and Ms. Fernandez’ property. Mr. Lynch explained that the only foreseen impact the project would have on Ms. Fernandez’ property would be the fire suppression buffer implications, that the residential home setbacks would need to be 60’ from a habitat environment for fire suppression. January 11,2005 Carlsbad City Council Meeting Page 5 Mr. Lynch also stated that the portion of the proposed project near Ms. Fernandez’ property does not contain much parking, therefore lighting should not be an issue. Bill Hoffman, of Hoffman Planning Associates, 5900 Pasteur Court, Suite 150, Carlsbad, representing the applicant came forward to answer any questions regarding the project. Mayor Pro Tem Hall opened the duly noticed public hearing at 651 p.m. and asked if anyone would like to speak. Shelly Johnson, I1 0 West C Street, San Diego, representing the Law Offices of Don Detisch came forward to confirm that the letter received earlier in the evening from the Law Offices of Don Detisch regarding Ms. Ferenandez’ concerns, would be made part of the public record. Ms. Clita Fredrickson, 1415 Turquoise Drive, Carlsbad spoke in support of the project and stated that as a neighbor she was excited about the project and hoped that it would be approved. Ms. Tara Doan, 6768 Lemon Leaf Drive, Carlsbad, a property owner adjacent to the proposed project expressed concern regarding impacts of lighting in the parking lot and noise to her property. Mr. Lynch explained the lighting plan and the light shields that would be installed to minimize lighting impacts to the open space and residential areas. Mr. Lynch also explained that all lighting would be required to be extinguished by 1O:OO p.m., unless a special event was being held. Mr. Mike Thornton, 1497 Regatta Road, Carlsbad spoke in support of the project and commended the applicant for their outreach to the surrounding homeowner’s associations. Bill Hoffman, of Hoffman Planning Associates, came forward to express his client‘s desire to be a good neighbor and stated that noise for any outdoor activities would be monitored. Seeing no one else wishing to speak, Mayor Pro Tem Hall closed the duly noticed public hearing at 7:Ol p.m. City Attorney, Ron Ball introduced the Ordinance. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-737, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 04-12, from Residential SingleIFam.ily, 7,500 square foot lot size minimum, Qualified Development Overlay to Open Space on property generally located on the Northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20; and January 11,2005 Carlsbad City Council Meeting Page 6 Council adopted RESOLUTION NO. 2005-009, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a General Plan Amendment to amend the Land Use Element and the Open Space and Conservation Element of the General Plan and Local Coastal Program Amendment for the North Coast Calvary Chapel property generally located on the Northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. AYES: - NOES: None. ABSENT: Lewis. Hall, Kulchin, Packard and Sigafoose. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNCIPAL WATER DISTRICT Mayor Pro Tem Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District at 7:06 p.m. with four members present, and Mayor Lewis absent. ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Pro Tem Hall adjourned to the Special Meeting of the Housing and Redevelopment Commission at 7:07 p.m. with four members present, and Mayor Lewis absent. RECONVENE CITY COUNCIL MEETING Mayor Pro Tern Hall adjourned the Special Meeting of the Housing and Redevelopment Commission, and reconvened the remainder of the City Council Meeting at 7:24 p.m. with four members present, and Mayor Lewis absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 11 .AB #17,942 - ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) FINANCING DOCUMENT APPROVAL. Lisa Hildabrand, Finance Director, presented the staff report and reviewed a Power Point presentation (on file in the City Clerk’s office). Ms. Hildabrand reviewed the details of the City’s obligation as it relates to the issuance of the bonds for the Assessment District No. 2002-01. Ms. Hildabrand explained that the City’s obligations as a result of approval of the documents before Council, would be the following: 0 Administering the Assessment District 0 Collecting the assessments 0 Paying off the debt 0 Responsible for Annual Disclosure as long as bonds remain outstanding January 11,2005 Carlsbad City Council Meeting Page 7 Ms. Hildabrand explained that the issuance of the bonds must comply with Council Policy #33. Ms. Hildabrand displayed the District boundaries as follows: Palomar Airport Road to the north, El Camino Real to the west and Alga Road to the south. Ms. Hildabrand also stated that the road improvements being financed by the District included El Fuerte, Poinsettia Lane and El Camino Real. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-01 0, authorizing and providing for the issuance of Limited Obligation Improvement Bonds for Assessment District No. 2002-01 (Poinsettia Lane East), approving the form of Bond Indenture, Preliminary Official Statement, Bond Purchase Agreement, Continuing Disclosure Certificate and other documents and authorizing certain actions in connection therewith. AYES: - NOES: None. ABSENT: Lewis. Hall, Kulchin, Packard and Sigafoose. COUNCIL REPORTS AND COMMENTS: Mayor Pro Tem Hall 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: None. ADJOURNMENT: By proper motion, the Regular Meeting of January 11 , 2005 was adjourned at 7:35 p.m. Assistant City Clerk ." Sheila Cobian Deputy City Clerk