HomeMy WebLinkAbout2006-03-21; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: March 21, 2006
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the Deputy City Clerk, as follows:
Present: Lewis, Hall, Kulchin, Packard and Sigafoose.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Kulchin led the Pledge of Allegiance.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #6 as follows:
Lewis, Hall, Kulchin, Packard and Sigafoose
NOES: None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #18.480 - FINAL MAP FOR VILLAGES OF LA COSTA-LA COSTA OAKS
NORTH.
Council adopted RESOLUTION NO. 2006-059. approving the final map for
Villages of La Cost-La Costa Oaks North, CT 99-04-03, and authorizing the map
to be recorded.
2. AB #18.482 - QUITCLAIMS FOR VILLAGES OF LA COSTA-LA COSTA OAKS
NORTH.
Council adopted RESOLUTION NO. 2006-060. approving the quitclaims of one
slope easement and three construction easements located in the Villages of La
Costa-La Costa Oaks North, CT 99-04-03, PR 05-121, PR 05-123, PR 05-124,
PR 05-125.
March 21, 2006 Carlsbad City Council Meeting Page 2
3. AB #18.483 - AGREEMENT FOR LANDSCAPE PLAN CHECK CONSULTANT
SERVICES.
Council adopted RESOLUTION NO. 2006-061. approving the agreement with
Pamela Elliott Landscape Architecture for landscape and irrigation plan review
and inspection, and miscellaneous Planning inspection services.
4. AB #18.484 - VACATE A PORTION OF RANCHO SANTA FE ROAD.
Council adopted RESOLUTION NO. 2006-062. summarily vacating a portion of
Rancho Santa Fe Road known as The Long Term Detour, STV 04-04.
5. AB #18.485 - VACATE A PORTION OF RANCHO SANTA FE ROAD.
Council adopted RESOLUTION NO. 2006-063. summarily vacating a portion of
the old Rancho Santa Fe Road alignment, STV 04-05, within the property of
Villages of La Cost-La Costa Oaks North development, CT 99-04, Phase 3.
6. AB #18.486 - INTERSECTION IMPROVEMENTS AT EL CAMINO REAL AND
FARADAY AVENUE.
Council adopted RESOLUTION NO. 2006-064. approving the acquisition of a
public street and public utility easement from BTINV, LLC, for the intersection
improvements at El Camino Real and Faraday Avenue, Project No. 36071; and,
Council adopted RESOLUTION NO. 2006-067. approving the acquisition of a
public street and public utility easement from KW Fund I - Carlsbad 1,
LP/Sunrise Property Associates LLC, for the intersection improvements at El
Camino Real and Faraday Avenue, Project No. 36071.
PUBLIC COMMENT:
Michael Bovenzi, 343 Oak Avenue, Carlsbad, expressed concerns regarding the
competency of staff that was responsible for the plan check for the Lincoln-Oak Mixed
Use Project. Mr. Bovenzi stated that the plans were checked by an Assistant Planner
who had not been reporting to anyone.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of
the Concerned Citizens of Carlsbad. Mr. Alvarez thanked the members of the
community who had signed the Save the Strawberry and Flower Growing Fields
petitions. He also stated that over 5,000 signatures had been collected so far.
Nicole Pappas, 2689 Garfield Street, Carlsbad, President of North Coastal Prevention
Coalition, spoke regarding underage drinking. Ms. Pappas invited Council and the
citizens of Carlsbad to attend a Town Hall Meeting on underage drinking at the Dove
Library Schulman Auditorium on Monday, March 27, 2006 at 6:00 p.m.
Dustin Johnston, 3981 Garfield Street, Carlsbad, came forward to address Council. Mr.
Johnston described the community benefits of preserving the strawberry and flower
growing fields.
In response to an inquiry from Mayor Lewis, Housing and Redevelopment Director
Debbie Fountain stated that the Assistant Planner responsible for the plan check of the
Lincoln-Oak Mixed Use Project reports to her.
March 21, 2006 Carlsbad City Council Meeting Page 3
PUBLIC HEARING:
7. AB #18.487 - DENSITY BONUS AMENDMENT.
Planning Director Marcela Escobar-Eck and Associate Planner Jennifer Jesser
presented the staff report and reviewed a PowerPoint Presentation (on file in the City
Clerk's office).
Ms. Jesser explained that the Density Bonus Amendment would ensure consistency
between the City's Density Bonus and Inclusionary Housing regulations and the
recently amended State Density Bonus Law.
In response to an inquiry from Council Member Packard, Ms. Jesser explained that the
purpose of the State Density Bonus Law is to encourage the development of affordable
housing throughout the state.
In response to an inquiry from Mayor Pro Tem Hall, Housing and Redevelopment
Director Debbie Fountain explained that the City assists financially with projects, in
order to acquire affordable housing in Carlsbad. Ms. Fountain further explained that
the funding usually comes from the City, the State, the Federal government, and private
developers or partnerships with non-profit organization.
Council Member Kulchin confirmed with staff that the City's Density Bonus and
Inclusionary Housing Regulations are not in conflict with the State Density Bonus Law.
Mayor Lewis confirmed with staff that conformance with the State Density Bonus Law
would not impact Council's control over zoning.
In response to an inquiry from Mayor Lewis, Ms. Fountain explained that under the
Density Bonus Law, developers are required to build their affordable housing units on
site.
Mayor Lewis opened the duly noticed Public Hearing at 6:40 p.m. and asked if anyone
would like to speak.
Scott Molloy, 9201 Spectrum Center Boulevard, #110, San Diego, Public Policy
Advocate for Building Industry Association of San Diego County (BIA), came forward to
address Council. Mr. Molloy expressed concerns relating to possible negative impacts
the Density Bonus Amendment could have on developers. Mr. Molloy referenced a
letter to City Council (on file in the Office of the City Clerk) detailing the BIA's concerns
and their proposed modifications to the Amendment.
Mr. Molloy requested that the item be continued until the BIA could acquire clarification
from the Legislative Counsel of the State of California regarding any possible conflicts
between the City's Density Bonus and Inclusionary Housing regulations and the State
Density Bonus Law.
City Attorney Ron Ball explained that if changes were made to state law, staff would
come back to Council with a change to the Ordinance to conform with state law.
March 21, 2006 Carlsbad City Council Meeting Page 4
Michael Bovenzi, 343 Oak Avenue, Carlsbad, expressed concerns relating to the
impacts of the Amendment on Proposition E and the dwelling bank.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:54 p.m.
Council discussion ensued regarding their support for the proposed Amendment.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-794 amending Title 21 of the Carlsbad
Municipal Code by amending the Density Bonus and Inclusionary
Housing Regulations in the Zoning Ordinance to ensure the
Density Bonus Regulations are consistent with California
Government Code Sections 65915 through 65917, and that the
Density Bonus and Inclusionary Housing Regulations do not
conflict; and,
Council adopted RESOLUTION NO. 2006-065. adopting a
Negative Declaration and Addendum for a General Plan
Amendment, Zone Code Amendment and Local Coastal Program
Amendment; and approving said General Plan Amendment in
concept and Local Coastal Program Amendment.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #18.488 - PRESENTATION.
Shirley Cole of North County Lifeline and Brad Wiscons of Palomar Pomerado Health
gave a presentation on behalf of the Transit Alliance for A Better North County.
Ms. Cole explained that the Transit Alliance's goals include:
• Educating the community about transit funding opportunities
• Engaging project advocacy
• Encouraging transit oriented development
• Creating an enhanced communication channel between users and the transit
district; and establishing new partnerships to deliver enhanced service for North
County.
Mr. Wiscons demonstrated the features of the Transit Alliance's website (www.tabnc.com).
Council Member Kulchin requested that members of the Transit Alliance come forward
and explain why they are members.
Pete Adlin of the North County Transit District stated that the Transit Alliance works to
improve the quality of life for North County residents in regards to public transportation.
Dave Roberts of the Solana Beach City Council, voiced his support for the Transit
Alliance and the services provided to the community.
March 21, 2006 Carlsbad City Council Meeting Page 5
Gary Hill of the Gemological Institute of America (GIA), stated that as a member of the
Transit Alliance, he is seeking ways to alleviate transit problems for his employees.
Andre Cherbin stated that he has worked with transportation issues for the past 18
years and is impressed with the Transit Alliance organization.
Phyllis Hall expressed her enthusiasm for working with the Transit Alliance for a Better
North County.
Council received the report.
9- AB #18.489 - TRANSFER OF THE TELEVISION CABLE FRANCHISE.
Administrative Services Director Jim Elliott and Senior Management Analyst Joe
Garuba presented the staff report and reviewed a PowerPoint Presentation (on file in
the City Clerk's office).
Mr. Elliott commented that the Agreement and Resolution had been drafted in
anticipation of approval the prior week; therefore, the Agreement and Resolution would
be amended to reflect the current date.
In response to an inquiry from Council Member Sigafoose, Mr. Urbina of Adelphia
confirmed that residents would be notified that the new cable service provider will be
Time Warner.
Mr. Marc Farrar, Vice President of Time Warner Cable San Diego, reviewed
programming packages that would be available to residents once the company
transitioned from Adelphia to Time Warner.
Council Member Packard commented that the anticipated transfer date from Adelphia
to Time Warner is the end of October, 2006.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-066. as amended to reflect the current
adoption date, consenting to the transfer of the television cable
franchise held by Highland Carlsbad Operating Subsidiary, Inc.
and managed by Adelphia Communications Corporation to Time
Warner NY Cable LLC, subject to the terms and conditions of a
Transfer Agreement; (ii) Authorizing the City of Carlsbad to enter
into the Transfer Agreement; (iii) authoring the City to enter into a
Settlement and Mutual Release Agreement with Highland Carlsbad
Operating Subsidiary, Inc.
Lewis, Hall, Kulchin, and Sigafoose
NOES: Packard
March 21, 2006 Carlsbad City Council Meeting Page 6
10. AB #18.490 - INTERSTATE HIGHWAY 5 WIDENING PROJECT REPORT.
Arturo Jacobo of CalTrans and Vicki Estrada of Estrada Land Planning reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Jacobo hi-lited the various scenarios for widening Interstate 5 in both the
southbound and northbound directions in Carlsbad.
Ms. Estrada reviewed possible amenities to be incorporated into the Interstate 5
Highway widening project. Ms. Estrada spoke regarding the possibility for the following
land use and circulation improvements:
Community Parks
Educational Centers at the Lagoons
Wetland Restoration
Linear Open Space Buffers / Mini Parks
View Corridors
Improved Scenic Vista Point
Landscaped Pedestrian and Bicycle Corridors
Enhanced East / West Connectivity Across Freeway
Recreational Educational Trails at Lagoons
Implementation of Regional and Local Bike Routes and Pedestrian Trails
In response to an inquiry from Council Member Packard, Mr. Jacobo explained that the
footprint of the highway widening project utilizing concrete barriers to separate the
lanes would be approximately 18 feet wider than if paint striping was utilized for
separation of the lanes.
In response to an inquiry from Council Member Sigafoose, Ms. Estrada explained that
the various enhancements reviewed throughout the presentation were meant to give
Council an idea of the possible enhancements and to prioritize the ones Council would
like to see implemented.
Council Member Kulchin confirmed with Mr. Jacobo that CalTrans would be holding
public meetings in the summer of 2006 to share with the Citizen's the results of the
noise studies conducted by CalTrans.
Council Member Kulchin suggested that CalTrans conduct the meetings at various
times throughout the day to ensure that many Citizens of Carlsbad will be given the
opportunity to participate.
Mayor Pro Tern Hall confirmed with Mr. Jacobo that ads would be placed in the local
newspapers notifying the Citizen's of the public meetings.
Mayor Lewis confirmed with Mr. Jacobo that in the event the City does not agree with
the CalTrans selected option for widening Interstate 5, the City Council retains the right
to supercede the decision.
March 21 , 2006 Carlsbad City Council Meeting Page 7
Deputy City Engineer Bob Johnson stated that e-mails had been received from SDG&E
and Lennar (on file in the Office of the City Clerk) expressing concerns relating to the
possibility of a Direct Access Route (DAR) near Cannon Road.
Council received the report and took no action.
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:
Sheila Cobian, Deputy City Clerk, announced that Council Members have been invited
to attend, and may be participating in the following events:
Thursday, March 23, 2006 - 6:00 p.m. to 8:00 p.m.
Kids Are Worth a Million Telethon
Carlsbad High School
3557 Lancer Way
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of March 21 , 2006 was adjourned at 8:25 p.m.
SHEILA R. COBIAN
Deputy City Clerk