HomeMy WebLinkAbout2005-02-01; City Council; MinutesMINUTES
MEETING OF:
DATE OF MEETING: February 1,2005
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 Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
LEGISLATIVE INVOCATION:
Pastor Douglas Kelly of Christ Presbyterian Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Kulchin led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Mayor Lewis stated that he would abstain from approval of the January 11, 2005
Special Meeting Minutes, January 18, 2005 Special Meeting Minutes and the January
19, 2005 Special Meeting Minutes due to the fact he was absent from the meetings.
On a motion by Mayor Pro Tem Hall, minutes of the following meeting were approved
as presented:
Minutes of the Joint Special Meeting held December 7, 2004.
Minutes of the Special Meetings held January 11, 2005. (Lewis - Abstain)
Minutes of the Special Meetings held January 18, 2005. (Lewis - Abstain)
Minutes of the Joint Special Meeting held January 18, 2005. (Lewis - Abstain)
Minutes of the Special Meeting held January 19, 2005. (Lewis - Abstain)
AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
February 1,2005 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #I through #8 as follows:
- AYES:
NOES: None.
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 #17,954 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of December 31 , 2004.
2. AB #17,955 -AMENDMENT TO AGREEMENT FOR LIBRARY COPIER AND
PRINTER VENDING SERVICES.
Council adopted RESOLUTION NO. 2005-022, approving Amendment No. 5 to
extend and amend the Agreement for Library Copier and Printer Vending
Services with Xerox Corporation.
3. AB #17,957 -AMENDMENT TO AGREEMENT FOR BIOLOGICAL MONITORING
AND LONG-TERM MAINTENANCE SERVIES.
Council adopted RESOLUTION NO. 2005-024, approving Amendment No. 6 to
extend and amend the Agreement with Native Landscape, lnc., for biological
monitoring and long-term maintenance services for various capital improvement
projects, Project Nos. 3184, 3593, and 3466.
4. AB #17,958 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR IMPROVEMENTS
TO NORTH BATIQUITOS LIFT STATION, PROJECT NO. 3809-2.
Council adopted RESOLUTION NO. 2005-025, approving plans and
specifications, and authorizing the City Clerk to advertise for bids for
improvements to North Batiquitos Lift Station, Package “B”, Project No. 3809-2.
5. AB #17,959 - FINAL MAP FOR CT 01-1 1, OCEAN BREEZE CONDOMINIUMS.
Council adopted RESOLUTION NO. 2005-026, approving the final map for CT
01-1 1 , Ocean Breeze Condominiums, and authorizing the map to be recorded.
6. AB #17.960 - FINAL MAP FOR CT 03-01, LA COSTA RESORT AND SPA.
Council adopted RESOLUTION NO. 2005-027, approving the final map for CT
03-01 , La Costa Resort and Spa, and authorizing the map to be recorded.
7. AB #17,961 -AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
WITH RBF CONSULTING.
Council adopted RESOLUTION NO. 2005-028, approving Amendment No. 3 to
the master agreement for professional services with RBF Consulting.
February 1,2005 Carlsbad City Council Meeting Page 3
8. AB #17,967 -ANNEXATION OF BRESSI RANCH AND PALOMAR FORUM INTO
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2.
Council adopted RESOLUTION NO. 2005-032, ordering the annexation of Bressi
Ranch property into Street Lighting and Landscaping District No. 2; and,
Council adopted RESOLUTION NO. 2005-033, ordering the annexation of
Palomar Forum property into Street Lighting and Landscaping District No. 2.
ORDINANCE FOR INTRODUCTION:
9. AB #17.962 - ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTION
OF MORADA STREET AND GARBOSO STREET.
City Attorney Ron Ball titled the Ordinance.
Council Member Kulchin stated that she could not vote on this item due to a potential
conflict of interest.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-739, amending Title 10, Chapter 10.28 of
the Carlsbad Municipal Code to require a stop on Morada Street at
its intersection with Garboso Street.
AYES:
NOES: None.
ABSENT: Kulchin.
Lewis, Hall, Packard, and Sigafoose
ORDINANCE FOR ADOPTION:
10. AB #17,963 - ADOPTION OF VARIOUS CODE CHANGES AND COASTAL
COMMISSION MODIFICATIONS - ZCA 00-02(A).
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE NO. NS-738, amending the Local Coastal Program
and Title 21 of the Municipal Code by the amendment of various
sections incorporating the California Coastal Commission’s
suggested modifications.
AYES: - NOES: None..
Lewis, Hall, Kulchin, Packard, and Sigafoose
PUBLIC COMMENT:
None.
February 1,2005 Carlsbad City Council Meeting Page 4
PUBLIC HEARING:
1 1. AB #I 7.964 - PALOMAR TRANSFER STATION EIR 03-04/CUP 260(C).
Elaine Blackburn, Senior Planner presented the staff report and reviewed a Power
Point Presentation (on file in the City Clerk’s office). Ms. Blackburn gave details
regarding the proposed expansion of the facility as well as the revised hours of
operation.
Mayor Pro Tem Hall inquired if conditions are in place to control the routes used by
trucks to get into the Transfer Station from other communities.
Ms. Blackburn answered that the truck routes are governed under Chapter 10.34 of the
Carlsbad Municipal Code that designates truck routes. .
In response to an inquiry from Mayor Pro Tem Hall, Ms. Blackburn confirmed that if a
noise impact is found at a later date, Council has the authority to reconsider the issue.
Mayor Lewis expressed concerns regarding increased traffic relating to the proposed
additional tonnage per day.
Mr. Riddle explained that a traffic analysis was completed to evaluate the impacts of
additional traffic due to the proposed additional hours of operation and expanded
capacity, and had determined the project would not create an impact that would cause
failures at intersections and roadway segments.
Mayor Lewis expressed concerns relating to trucks from surrounding communities
utilizing Palomar Airport Road and El Camino Real during peak traffic hours if the
project was approved as presented.
Jim Ambroso, District Manager for Allied Waste Industries, came forward and gave a
brief background of the project. Mr. Ambroso also spoke regarding the proposed
expansion of services and hours.
Mr. Ambroso stated that Allied Waste had been presented with additional conditions by
the City Attorney (memo dated February 1, 2005 on file in the City Clerk’s office) and
that the company could fully support the additional conditions.
Mayor Lewis asked Mr. Ambroso how household hazardous waste would be handled.
Mr. Ambroso responded that household hazardous waste is not accepted at the
Palomar Transfer Station. He stated that those materials should be taken to the
Household Hazardous Waste Facilities in various location established throughout San
Diego County.
In response to an inquiry from Mayor Lewis, Mr. Ambroso stated that with the approval
of the Conditional Use Permit (CUP), Allied Waste anticipated an increase of 900 to
1000 tons of waste per day.
February 1,2005 Carlsbad City Council Meeting Page 5
Council Member Kulchin asked Mr. Ambroso if the host fee of $2.50 would be
increased.
Mr. Ambroso responded that Council has the prerogative to re-visit the possibility of
increasing the fee should they choose to do so.
Mayor Lewis opened the duly noticed public hearing at 6:39 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:40 p.m.
Mayor Lewis requested that staff be required to review the truck routes and flow of
traffic and report back to Council prior to an increase in tonnage over 1000 tons per
day.
In response to a request from Mayor Pro Tem Hall, Mr. Riddle explained the traffic
analysis performed in the Environmental Impact Report (EIR) and the scenarios for the
projections.
ACTION: A motion was made by Mayor Pro Tem Hall to adopt
RESOLUTION NO. 2005-029, certifying Environmental Impact
Report (EIR) 03-04 and adopting the Candidate Findings of Fact
and the Mitigation Monitoring and Reporting Program for the
Palomar Transfer Station EIR, and approving CUP 260 (C) to allow
the expansion of the Palomar Transfer Station located on the east
side of Orion Street between Faraday Avenue and El Camino Real
in Local Facilities Management Zone 5 as recommended by the the
Planning Commission.
The motion was seconded for the purposes of discussion.
Council Member Kulchin requested that the Council consider amending the Resolution
to include the conditions contained in the City Attorney’s memo dated February 1 2005.
Council Member Packard explained the benefits of the project and expressed support
for the Planning Commission’s findings.
Council Member Sigafoose also expressed support for the Resolution as recommended
by the Planning Commission.
Council Member Kulchin expressed support for the Planning Commission
recommendation, noting that the additional conditions set forth in the City Attorney’s
memo dated February 1 , 2005 would provide an added safeguard for the City, and had
been agreed to by the applicant.
Mayor Lewis stated that he would oppose the project based on his desire to have a
traffic study performed by staff prior to approving the increase in tonnage over 1000
tons per day.
February 1,2005 Carlsbad City Council Meeting Page 6
Mayor Pro Tem Hall agreed to rescind the original motion.
On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2005-029, certifying Environmental Impact
Report (EIR) 03-04 and adopting the Candidate Findings of Fact
and the Mitigation Monitoring and Reporting Program for the
Palomar Transfer Station EIR, and approving CUP 260 (C) to allow
the expansion of the Palomar Transfer Station located on the east
side of Orion Street between Faraday Avenue and El Camino Real
in Local Facilities Management Zone 5, as amended to include
conditions set forth in the City Attorney’s memo (on file in the City
Clerk’s office) dated February 1 , 2005.
- AYES: - NOES: Lewis.
Hall, Kulchin, Packard, and Sigafoose
12. AB #17,965 - POINSETTIA COMMONS - CT 04-1 I/PUD 04-lO/SDP 04-09/CDP 04-26.
Barbara Kennedy, Associate Planner, and David Rick, Assistant Engineer, presented
the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s
office).
Ms. Kennedy gave a brief background of the Poinsettia Commons project, and
reviewed the location and proposed architectural style of the project.
In response to an inquiry from Council Member Packard, Ms. Kennedy stated that the
Waters End development had disclosures set forth in their CC&R’s regarding the
mixed-use designation on the nearby property.
In response to an inquiry from Mayor Pro Tem Hall, Ms. Kennedy explained that the
project, if approved, would have a total of 78 units and would actually be 205 units
under what was originally anticipated for the site.
Ms. Kennedy confirmed that all of the proposed units would have underground parking.
Mayor Lewis opened the duly noticed public hearing at 7:lO p.m. and asked if anyone
would like to speak.
Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, Carlsbad
came forward on behalf of the applicant. Mr. Howes gave a brief background on the
project.
The applicant, Dave DiRienzo, Urban West Strategies, 1280 Bison Avenue #B9-609,
Newport Beach came forward to address Council. Mr. DiRienzo stated that the
proposed project had the right ingredients for success including retail space and
residences, and expressed support for the staff recommendation.
Mr. DiRienzo also thanked Ms. Kennedy and Mr. Rick for their dedication, vision and
participation in assisting with the Poinsettia Commons Project.
February 1,2005 Carlsbad City Council Meeting Page 7
Ted Owen, President of the Transit Alliance for a Better North County, 5934 Priestly
Drive, Carlsbad, read a letter (on file in the City Clerk’s office) in support of the project.
Connie Traver, 61 8 Seaward Avenue, Carlsbad expressed concerns relating to the
proposed architecture, potential decrease in property value, inconsistent land use with
surrounding property, noise, and parking problems.
Lorna and Mark Levine, 614 Seaward Avenue, Carlsbad expressed concerns regarding
the proposed mixed-use three story buildings and the potential types of businesses that
may be part of the Poinsettia Commons development. Ms. Levine stated they would
like to have more open space and the setbacks increased.
Socorro Rodriguez-Anderson, 3222 Roosevelt Street, Carlsbad expressed concerns
related to the twelve affordable housing units proposed with the project. Ms. Anderson
said that most residents in the City of Carlsbad looking for affordable homes or
apartments were families and that the units proposed were one-bedroom, one-bath
units which would not accommodate families.
Dianne M. Kates, 81 1 Morning Sun Drive, Encinitas spoke in support of the Poinsettia
Commons project and expressed the desire to purchase one of the units.
Jamie Morel, 5934 Priestly Drive, Carlsbad, spoke in favor of the project on behalf of
the Carlsbad Chamber of Commerce.
Tony Villasenor, Grubb, Ellis and Erie Commercial, a member of the retail marketing
team for the Poinsettia Commons project came forward to address Council. Mr.
Viasenor hi-lited some types of businesses that would potentially be leasing the retail
spaces at Poinsettia Commons.
Nicole Rosanno, a tenant at Poinsettia Station Apartments, spoke in support of the
project.
Mr. Howes returned to the podium to respond to concerns voiced by the residents. In
response to the concerns regarding the height differences of the proposed buildings as
compared to existing architecture, Mr. Howes stated that the height difference will be
seven to eight feet.
In response to the concern regarding setbacks, Mr. Howes stated that the minimum
setback for the CT Zone was ten feet, however the minimum setback proposed for the
south property line was twenty-two feet.
Mayor Pro Tem Hall asked the applicant if he was in agreement with the memo from
the Planning Department (on file in the City Clerks office) pertaining to a condition for
additional landscaping to the south.
Mr. DiRienzo, the applicant responded that he was in agreement.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 7:44 p.m.
February 1,2005 Carlsbad City Council Meeting Page 8
In response to a request from Council Member Kulchin, Ms. Kennedy read an excerpt
from the CC&R’s of Water’s End (on file in the City Clerk’s ofice), stating “The property
immediately north of the Project (Water’s End) has been zoned as a mixed use
commercial site. Residents of the Project (Water’s End) will be exposed to noise,
lights, air pollution, and traffic congestion associated with the use of such site”.
Mayor Lewis asked if notices had been sent out regarding the Poinsettia Commons
project.
Ms. Kennedy explained that notices had been sent out to the property owners within
600’ of the project and a notice was also posted on the site that an application was in
process.
Council discussion ensued regarding the Growth Management Plan and how the
proposed project had been part of the Poinsettia Specific Plan since 1998.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-030, approving a Tentative Tract Map,
Non-Residential Planned Development Permit, Site Development
Plan and Coastal Development Permit to develop a Mixed-Use
Project consisting of the subdivision and development of 18,337
square feet of commercial/retail uses, a 3,296 square foot day care
center, 51 live-work condominium units, 15 loft condominium units,
and 12 affordable apartments on 5.29 acres generally located
south of Avenida Encinas and north of the east-west segment of
Embarcadero Lane within the Mello II segment of the City’s Local
Coastal Program and Local Facilities Management Zone 22, as
amended to include the following condition contained in the memo
dated February 1, 2005 from the Planning Department (on file in
the City Clerk’s office): “A mixture of 45” and 60” box specimen or
field grown trees shall be planted along the south edge of Buildings
Nos. 8 & 9 to create a landscape screen between this building and
the existing single-family homes in Water’s End. The exact mixture
of species and specimen size shall be subject to the review and
approval of the Planning Director.”
- AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
Mayor Lewis declared a recess at 8:05 p.m. Council reconvened at 8:lO p.m., with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #17,956 - CITY SUPPORT OF THE USE OF VOLUNTEERS.
Sue key, Community Coordinator presented the staff report.
February 1,2005 Carlsbad City Council Meeting Page 9
In response to an inquiry from Council Member Kulchin, Ms. key stated that the City
currently has 672 volunteers in Carlsbad.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-023, approving City Council Policy No. 69
regarding the City’s commitment to greater volunteer involvement.
AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
14.AB #I 7,966 - SENIOR COMMISSION APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2005-031, appointing Jack Nelson to the Senior Commission.
- AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
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:
Wednesday, February 2,2005 - 5:30 p.m.
Carlsbad Chamber of Commerce Reception for
Major General Timothy Donovan - Camp Pendleton
Grand Pacific Palisades
Carlsbad, California
Thursday, February 3,2005 - 3:OO p.m.
Peer Recognition Awards Ceremony
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
Monday, February 7:
Hi-Noon Rotary
Olympic Resort Hotel
61 I1 El Camino Real
Carlsbad, California
I 2005 - 12:OO p.m.
February 1,2005 Carlsbad City Council Meeting Page 10
ADJOURNMENT:
By proper motion, the Special Meeting of February 1, 2005 was adjourned at
8:19 p.m.
City Clerk
Sheila Cobian
Deputy City Clerk