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HomeMy WebLinkAbout2005-03-15; City Council; Minutes (4)MINUTES MEETING OF: DATE OF MEETING: March 15,2005 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: None. Lewis, Hall, Kulchin, Packard and Sigafoose. LEGISLATIVE INVOCATION: Pastor Stan Gold of Pacific Breeze Baptist Church offered the Invocation. PLEDGE OF ALLEGIANCE: Cub Scout Pack #747 of Jefferson Elementary School led the Pledge of Allegiance. CONSENT CALENDAR: Item #6 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #1 through #5 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 #18,015 - APPLICATION FOR A CALIFORNIA STATE LIBRARY GRANT. Council adopted RESOLUTION NO. 2005-065, approving the application for a grant from the California State Library for the 2005/2006 Public Library Staff Education Program. 2. AB #18,016 -APPROVAL OF AMENDMENT TO LEASE AGREEMENT FOR 3368 EUREKA PLACE. Council adopted RESOLUTION NO. 2005-066, approving the Second Amendment to the Lease Agreement for City-owned property at 3368 Eureka Place, with Montessori Arts and Sciences Inc., extending the lease term through June 30,2005. March 15,2005 Carlsbad City Council Meeting Page 2 3. AB #18,017 - LEASE AGREEMENT FOR A PORTION OF 5815 EL CAMINO REAL. Council adopted RESOLUTION NO. 2005-067, approving a one-year parking lease agreement with J.Fletcher Creamer & Sons for storage and parking purposes, on property located at 5815 El Camino Real. 4. AB #18,018 -APPLICATION FOR WORKFORCE HOUSING REWARD PROGRAM. Council adopted RESOLUTION NO. 2005-068, approving the application to the California Department of Housing and Community Development for the Workforce Housing Reward Program. 5. AB #18,019 -APPROVAL OF TOLLING THE TENTATIVE MAP FOR CT 00-18/CT 02-21 CANTARINVHOLLY SPRINGS PROJECT. Council adopted RESOLUTION NO. 2005-069, approving tolling expiration date of the Tentative Map for CT 00-1 8/CT 00-21 Cantarini/Holly Springs Project. 6. AB #18,020 -APPROVAL OF RATIFICATION REIMBURSEMENT AGREEMENT FOR COSTS TO COMPLETE ENVIRONMENTAL WORK FOR COLLEGE BOULEVARD AND CANNON ROAD EAST. This item was pulled for discussion. DISCUSSION OF CONSENT CALENDAR ITEM: 6. AB #I 8,020 - APPROVAL OF RATIFICATION REIMBURSEMENT AGREEMENT FOR COSTS TO COMPLETE ENVIRONMENTAL WORK FOR COLLEGE BOULEVARD AND CANNON ROAD EAST. Diane Nygaard, 5020 Nighthawk Way, Oceanside came forward to express her concerns relating to Cannon Road Reach 4 construction and the use of taxpayer dollars to pay for the development work which was completed over two years ago. David Hauser, Deputy City Engineer stated that the work performed by the developer was at the request of the City. Mr. Hauser explained that the environmental studies completed for the Cannon Road Reach 4 Segment would be used as the City moves forward with Reach 4 construction. Mr. Hauser also explained that Cannon Road Reach 4A was included in the Environmental Certification and in the subsequent permitting process that the developer, McMillian, had submitted. In response to an inquiry from Mayor Pro Tem Hall, Mr. Hauser explained that the proposed Cannon Road alignment had been part of the General Plan for over 40 years. Council Member Packard reiterated that the Environmental Impact Report (EIR) and study was done at the request of the City. March 15,2005 Carlsbad City Council Meeting Page 3 Council Member Kulchin confirmed with staff that the EIR was done for the benefit of future studies that the City would be performing. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-070, approving the Ratification Reimbursement Agreement with Calavera Hills II, LLC for reimbursement of costs to complete Environmental Work for supplemental improvements for College Boulevard Reach A, Cannon Road Reach 4A, and Cannon Road Reach 4B. AYES: - NOES: None. Lewis, Hall, Kulchin, Packard and Sigafoose. PRESENTATIONS: Fire Division Chief Chris Heiser related the events of October 1 , 2004 and the heroic efforts of Scott Byroads, Michael Galeski and Aaron Long that saved the life of Garret Scott. Mayor Lewis presented Mr. Byroads, Mr. Galeski and Mr. Long with Proclamations in recognition of their heroic efforts. On behalf of Mayor Lewis, Sandra Holder, Community Development Director presented a Proclamation to retiring employee, Anne Hysong in recognition of her 16 years of service to the City of Carlsbad. ORDINANCE FOR INTRODUCTION: 7. AB #18,021- AMENDMENTS TO CHAPTER 11 .I2 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT UNAUTHORIZED TRIMMING OR CUTTING OF CITY TREES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-747, amending certain sections of Chapter 1 1 .I 2 of the Carlsbad Municipal Code to prohibit individuals from trimming or cutting down trees. AYES: - NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose March 15,2005 Carlsbad City Council Meeting Page 4 ORDINANCE FOR ADOPTION: 8. AB #18,022 -AMENDMENTS TO SECTION 21 OF THE CARLSBAD MUNICIPAL CODE TO DEFINE MOBILE AND MODULAR BUILDINGS - ZCA 04-03. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-746, amending various Sections of Title 21 of the Carlsbad Municipal Code and adding Sections 21.04.263 and 21.04.273 to the Carlsbad Municipal Code to define mobile and modular building and provide for temporary placement of mobile buildings by Conditional Use Permit. AYES: - NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose PUBLIC COMMENT: None. PUBLIC HEARING: 9. AB #18,023 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.4 AND 1.7 CT 04-1 UPUD 04-1 3. Christer Westman, Senior Planner, presented the staff report and reviewed a PowerPoint Presentation (on file in the City Clerk’s office). Mr. Westman gave a brief background of the project and stated that the 41.4 acre site would consist of: 71 Single-Family Lots; 7 Open Space Lots; and 1 School Site. Fred Arbuckle, Palomar Oaks Road, Carlsbad came forward to address Council. Mr. Arbuckle requested Council’s approval for neighborhoods 1.4, 1.6 and 1.7 of La Costa Greens Village. Mr. Arbuckle also stated that a new school site for Carlsbad Unified School District will be developed as part of the proposed neighborhoods. Jack Henthorn, 5635 Avenida Encinas Suite A, Carlsbad came forward to address Council and reviewed a PowerPoint presentation (not on file in the City Clerk’s Office). Mr. Henthorn detailed the efforts of the cooperation between City Staff, the Representatives from Carlsbad Unified School District and the Development Team in planning for the school site. Council Member Kulchin voiced concerns regarding the traffic circulation at the school site off of Poinsettia. March 15,2005 Carlsbad City Council Meeting Page 5 Mr. Robert Todd, Director of Construction and Planning for the Carlsbad Unified School District, 6225 El Camino Real explained that the school site would have over 100 parking spaces and four lanes of traffic flowing through the site with the entrance and exit signalized on side streets rather than directly on Poinsettia Lane. In response to an inquiry from Council Member Packard, Mr. Arbuckle stated that the opening of the school site and completion of the homes is scheduled to coincide. Mayor Lewis opened the duly noticed public hearing at 6:45 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 6:46 p.m. Council stated their support for the project. On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-071 , approving a Tentative Tract Map and Planned Unit Development for Villages of La Costa Greens Neighborhoods 1.4 and 1.7 to sub-divide 41.4 acres into 71 Single- Family Lots, 7 Open Space Lots, and 1 School Site Lot on property generally located east of Alicante Road and north of Poinsettia Lane in Local Facilities Management Zone IO. - AYES: - NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose IO. AB #18.024 -VILLAGES OF LA COSTA GREENS NEIGHBORHOODS I .6 CT 04- 16/PUD 04-14. Jessica Galloway, Assistant Planner, presented the staff report and reviewed a PowerPoint Presentation (on file in the City Clerks office). Mayor Lewis opened the duly noticed public hearing at 651 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 651 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-072, approving a Tentative Tract Map and Planned Unit Development for Villages of La Costa Greens Neighborhood 1.6 to sub-divide 36 acres into 91 Single-Family Lots, 6 Open Space Lots, and 1 Recreation Lot on property generally located east of Alicante Road and north of Poinsettia Lane in Local Facilities Management Zone IO. AYES: - NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose March 15,2005 Carlsbad City Council Meeting Page 6 ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Housing and Redevelopment Commission at 652 p.m. with all members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the City Council and Housing and Redevelopment Commission at 656 with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 12.AB #18,026 - ENHANCED RETAIL OPPORTUNITIES STUDY GPA 04-07/ZCA 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). Mayor Lewis spoke against having a study performed due to the fact the citizens of Carlsbad were not in favor of stand-alone large-format retail stores. Council Member Kulchin also spoke against having a study done for the same reasons Mayor Lewis stated. Council Member Packard stated that allowing large-format retail stores within the City could be one way to potentially improve Carlsbad’s fiscal opportunities. Council Member Sigafoose stated she concurred with Mayor Lewis and Council Member Kulchin on the issue of large format retail stores within the City. Mayor Pro Tem Hall expressed concerns regarding Carlsbad’s financial future and that perhaps the large format retail stores would provide additional revenue for the Community. ACTION: On a motion by Mayor Pro Tem Hall, Council received and filed the staff report. AYES: - NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose 13.AB #18,027 - IRREVOCABLE OFFER TO DEDICATE AN OPEN SPACE CONSERVATION EASEMENT FOR THE CARLSBAD CITY GOLF COURSE PROJECT. John Cahill, Municipal Projects Manager, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). March 15,2005 Carlsbad City Council Meeting Page 7 Mr. Cahill outlined the development schedule of the project and distributed a letter to Council (on file in the City Clerks office) to be included as Exhibit 7 of the Agenda Bill. Mayor Pro Tem Hall requested to further clarify the resolution in order to be more specific regarding development of the two industrial pads on the golf course site. Mayor Lewis confirmed with staff that the public would be made aware that the fees for playing golf at the golf course will be higher than originally estimated due to the fact the project has taken so long to be built. In response to an inquiry from Council Member Kulchin, Mr. Cahill reviewed the current proposed fee structure for the golf course. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-075, approving an Irrevocable Offer to Dedicate an Open Space Conservation Easement for the Golf Course Project, as amended to include that the industrial pads on the golf course site may be developed and occupied by either public or private entities and may also be leased or sold to private entities. AYES: NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose Mayor Pro Tem Hall made a motion and Council concurred to add Special Meeting Item #I , Agenda Bill #I 8,029 for discussion and consideration along with Agenda Bill #I 8, 028. 14.AB #18,028 -APPROVAL OF EMERGENCY ACTION TAKEN BY CITY MANAGER FOR STORM DAMAGE REPAIRS. Lloyd Hubbs, Public Works Director, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mr. Hubbs displayed photos of the various areas throughout the City that were affected by the recent torrential rainfall. Mr. Hubbs also detailed the efforts being made by City staff to repair or mitigate the effects on property and public services. AYES: NOES: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-076, confirming staff actions and waiving Bidding Procedures as set forth in Carlsbad’s Purchasing Ordinance Section 3.28.1 30; and authorizing the City Manager, or his designee, to pay for all equipment, services and supplies related to the emergency action. Lewis, Hall, Kulchin, Packard, and Sigafoose None. March 15,2005 Carlsbad City Council Meeting Page 8 1. AB #18,029 - DECLARATION OF LOCAL EMERGENCY. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-077, proclaiming the existence of a Local Emergency and requesting assistance and concurrence from the Office of Emergency Services in responding to such emergency. 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, March 16,2005 - 11:OO a.m. Carlsbad City Council Study Session 1635 Faraday Avenue Carlsbad, California Thursday, March 17,2005 - 1 I :00 a.m. Pine Avenue Park Groundbreaking 3205 Harding Street Carlsbad, California Monday, March 21,2005 - 6:30 p.m. BlueFire Grill Grand Opening La Costa Resort 21 00 Costa Del Mar Carlsbad, California ADJOURNMENT: the Special Meeting of March 15, 2005 was adjourned at 7:41 p.m. City Clerk Sheila Cobian Deputy City Clerk