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HomeMy WebLinkAbout2006-12-19; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 19, 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 City Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Sigafoose. Absent: None. LEGISLATIVE INVOCATION: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Sigafoose led the Pledge of Allegiance. Mayor Lewis suggested and Council concurred to continue Public Hearing Item No. 10 to the Regular Council Meeting of January 16, 2007. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, minutes of the following meetings were approved: Minutes of the Special Meeting held November 21, 2006. Minutes of the Regular Meeting held November 21, 2006. Minutes of the Joint Special Meeting held November 21, 2006. PRESENTATIONS: Gary Hill of Gemological Institute of America and Ken Ryan of Waste Management came forward to address Council regarding the Carlsbad CityStuff program. Mr. Hill and Mr. Ryan expressed their companies' delight in supporting the Carlsbad CityStuff Program. Mayor Lewis presented a Proclamation to Courtney Heineman in recognition of his years of service on the Planning Commission. December 19, 2006 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 1 through 6 as follows: AYES: Lewis, Kulchin, Hall, 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 #18.840 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2006-362. accepting a donation from the North San Diego County Genealogical Society to the Carlsbad City Library, and appropriating funds to the Library Gifts and Bequests Account. 2. AB #18.841 - REVISED HOURLY SALARY SCHEDULE. Council adopted RESOLUTION NO. 2006-363. approving the revised Hourly Salary Schedule. 3. AB #18.842 -ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 2006-364. accepting a monetary donation from Waste Management and an in-kind donation from the Gemological Institute of America to the Carlsbad CityStuff program. 4. AB #18.843 - SETTLEMENT OF CLAIM. Council adopted RESOLUTION NO. 2006-365. authorizing the Workers' Compensation settlement claim of Robert Wick. 5. AB #18.844 -ADDITION OF MANAGEMENT CLASSIFICATION. Council adopted RESOLUTION NO. 2006-366. amending the Management Salary Structure and Local Conflict of Interest Code by authorizing the establishment of a Public Works Superintendent classification and deleting the classifications of Facilities Superintendent and Parks Superintendent. 6. AB #18.845 - APPROVAL OF MASTER AGREEMENT. Council adopted RESOLUTION NO. 2006-367. approving a Master Agreement for Federal-Aid Projects with the California Department of Transportation. Agreement No. 11-5308R. December 19, 2006 Carlsbad City Council Meeting Page 3 ORDINANCES FOR INTRODUCTION: 7. AB #18.847 - ESTABLISH A PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-825. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.780 to establish upon Palomar Oaks Way a prima facie 35 mile per hour speed limit from Palomar Airport Road to its northerly terminus. AYES: Lewis, Kulchin, Hall, Packard and Sigafoose. NOES: None. 8. AB #18.848 - ESTABLISH A PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-826. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the revision of Section 10.44.300, to establish upon Tamarack Avenue a prima facie 30 mile per hour speed limit from College Boulevard (south) to its intersection with College Boulevard (north). AYES: Lewis, Kulchin, Hall, Packard and Sigafoose. NOES: None. 9. AB #18.849 - REVISE CARLSBAD MUNICIPAL CODE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-827. amending Title 10, Chapter 10.32, of the Carlsbad Municipal Code by the revision of Section 10.32.090 to prohibit commercial vehicles in excess of 14,000 pounds gross vehicle weight rating. AYES: Lewis, Kulchin, Hall, Packard and Sigafoose. NOES: None. PUBLIC COMMENT: Glenn Bernard, 3520 Avondale Circle, Carlsbad, came forward to address Council. Mr. Bernard spoke about the benefits of traffic circles as opposed to four way stops. He also expressed concerns relating to the planting of City trees in close proximity to private property. December 19, 2006 Carlsbad City Council Meeting Page 4 Michele Levy, 3021 Highland Drive, Carlsbad, requested that Carlsbad's Fire Department create a Master Plan. Jackson and Elaina Hamilton, 2335 Pio Pico Drive, spoke about preservation of the Buena Vista Creek Valley. Mr. Hamilton stated that further information relating to the preservation is available at www.preservecalavera.org. PUBLIC HEARINGS: 10. AB #18.850 - APPEAL OF PLANNING COMMISSION DECISION - ROMERIA. CP 06-01. Mayor Lewis suggested and Council concurred, with approval by the Applicant, to continue this item to the Regular City Council Meeting of January 16, 2007 to allow Council additional time to review information provided by the Applicant. 11.AB#18.851 -POINSETTIA PLACE. Senior Planner Christer Westman and Acting City Engineer Bob Johnson presented the staff report and reviewed a Power Point Presentation (on file in the office of the City Clerk). Mr. Westman gave a brief overview of the proposed project and stated that staff recommends project approval by Council. In response to an inquiry from Council Member Hall, Mr. Westman confirmed that Cassia Road would be improved by the addition of sidewalks. In response to an inquiry from Council Member Packard, Mr. Westman stated that the developer would be required to complete a short segment of Poinsettia Lane. Council Member Packard requested clarification relating to staffs recommendation to approve the construction of an additional seven units and the benefit to the City. Mr. Westman explained that the City has a goal to provide housing to all income types through the City's Inclusionary Housing Ordinance. He further explained that by allowing the additional units the Applicant can justify providing 14 affordable units with seven of the 14 units being affordable to very low income households. In response to an inquiry from Council Member Sigafoose, Mr. Johnson confirmed that the traffic study included the calculations of trip generation as a result of the proposed project. Referencing a letter sent to Council from Fred Sandquist (on file in the Office of the City Clerk), Council Member Sigafoose asked that staff address the concerns relating to the water run off plan for the project. Mr. Johnson explained that the project will convey the water to a storm drain system for removal off site. December 19, 2006 Carlsbad City Council Meeting Page 5 Jack Henthorn, Jack Henthorn and Associates, 5365 Avenida Encinas, Carlsbad, came forward to address Council on behalf of the applicant, Sierra Linda Development Company. Mr. Henthorn reviewed a brief PowerPoint presentation (not on file in the Office of the City Clerk), illustrating the access points, elevations and various architectural styles proposed for the project. In response to an inquiry from Council Member Packard, Mr. Henthorn stated that the proposed units would range in size from 800 to 1,700 square feet. Mayor Lewis confirmed with Mr. Henthorn that interior gates are being proposed for the project. Mayor Lewis opened the duly noticed Public Hearing at 7:08 p.m. and asked if anyone would like to speak. Ron Hogan, 1739 Pipit Court, Carlsbad, expressed concerns relating to the calculations used to determine the developable acreage of the proposed project. Fred Sandquist, 6408 Crossbill Court, Carlsbad, came forward to address Council. Referencing a letter submitted to Council dated December 14, 2006 (on file in the Office of the City Clerk), Mr. Sandquist expressed the following concerns relating to the proposed development: • Validity of Traffic Model • Limited Site Distances • Parking on Cassia Road Mr. Sandquist also commented that some of the parking issues on Cassia Road are as a result of Villa Loma residents' inability to obtain the appropriate parking permits to park within the Villa Loma community. Marshall Goddard, 1777 Nerine Way, Carlsbad, also expressed concerns relating to parking on Cassia Road. Mr. Goddard suggested that parking be prohibited on Cassia Road until Poinsettia Road is complete. Doug White, 6434 Lilium Lane, Carlsbad, expressed concerns relating to existing traffic and parking conditions on Cassia Road. Ron Cogvill, a resident of Poinsettia Heights, came forward to address Council. Mr. Cogvill spoke in opposition to the proposed project. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:34 p.m. Mr. Henthorn returned to the podium to respond to the concerns raised in the Public Hearing. He explained the manner in which the developable acreage was calculated, stating that the grading for the proposed project will create slope conditions that will contribute to the 5.1 developable acres. December 19, 2006 Carlsbad City Council Meeting Page 6 In response to the concerns relating to parking on Cassia Road, Mr. Henthorn stated that the proposed Poinsettia Place project will contain adequate parking within the community and will not contribute to additional parking on Cassia Road. In response to a suggestion from Council Member Hall, Mr. Henthorn stated that he could support a condition being placed on the project prohibiting construction vehicles from parking on Cassia Road RECESS: Mayor Lewis declared a recess at 7:44 p.m. Council reconvened at 7:52 p.m., with five members present. Mayor Lewis spoke in opposition to the community being gated. Acting City Engineer Bob Johnson stated the gates would be equipped with the Opticom feature in addition to a knox box. In response to an inquiry from Mayor Lewis, Housing and Redevelopment Director Debbie Fountain, explained that it is not unusual for low income housing units to be concentrated in one area within a neighborhood. Ms. Fountain also explained the regulations and criteria required for obtaining housing within the Villa Loma neighborhood. Council discussion ensued regarding restriction of parking on Cassia Road until Poinsettia Road is constructed. Council Members Sigafoose, Packard, Hall and Kulchin stated that they could support the project; however, would like to see a condition placed on the developer prohibiting construction vehicle parking on Cassia Road. Mayor Lewis stated that although he agrees with his colleagues, he could not support the project as a gated community. In response to a request from Mayor Pro Tern Kulchin, Acting City Engineer Bob Johnson stated that he could return to Council with an Ordinance to prohibit parking on the south side of Cassia Road. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-828. amending Section 21.05.030 of the Carlsbad Municipal Code by an Amendment to the Zoning Map to grant a Zone Change, ZC 04-08, from Limited Control to Residential Density-Multiple and Open Space on a 20.4-acre parcel generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21; and, December 19, 2006 Carlsbad City Council Meeting Page 7 Adopted RESOLUTION NO. 2006-370. adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a General Plan Amendment (GPA 04-12) to change the property's General Plan Land Use Designation from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS); A Local Coastal Program Amendment (LCPA 04-08) to change the Coastal Program Land Use and Zoning Designations to be consistent with the City's General Plan and Zoning; a Tentative Tract Map (CT 04- 10), Condominium Permit (CP 04-05), Hillside Development Permit (HDP 04-05), Site Development Plan (SDP 04-07), and Habitat Management Plan Permit (HMPP 06-08) to subdivide a 20.4 acre site into two residential lots for 90 condominiums and three open space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21, as amended, to included the following condition: That all vehicles associated with the construction of the project shall be parked on-site to the maximum extent feasible and specifically not on Cassia Road and subject to the approval of the City Engineer. AYES: Kulchin, Hall, Packard and Sigafoose. NOES: Lewis. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 8:38 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Regular Meeting of the Housing and Redevelopment Commission and reconvened the City Council Meeting at 8:39 p.m. with five Council Members present. December 19, 2006 Carlsbad City Council Meeting Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #18.846 -ACCEPTANCE OF GRANT. Senior Management Analyst Lynn Diamond gave a brief overview of the grant. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2006-368. accepting the California Traffic Study DUI Mini-Grant and appropriating funds to conduct two sobriety checkpoints in the City of Carlsbad. AYES: Lewis, Kulchin, Hall, Packard and Sigafoose. NOES: None. 13. AB #18.852 - 2006-2007 COMMUNITY ACTIVITY GRANTS RECOMMENDATIONS. Finance Manager David Barnum presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Barnum summarized the outcome of the current and previous years grant recipients. In response to an inquiry from Council Member Packard, Assistant City Manager Lisa Hildabrand explained that there has been a decrease in funding because the funding is based on interest earnings and rates had recently declined. Council Member Packard suggested that staff develop a way to encourage more organizations to apply for the Community Activity Grants. Mr. Barnum commented that by approaching local non-profit organizations and eliminating the three year funding rule, the City may be able to increase funding requests. Mike Burner, 7017 Leeward Street, Carlsbad, came forward to address Council on behalf of the California Surf Museum. Mr. Burner thanked Council for their support over the past two years and requested that the Surf Museum be considered for funding once again. Wendy Morris, 2844 Avenida Valera, Carlsbad, representing Assistance League of Rancho San Dieguito, came forward to address Council. Ms. Morris gave a brief background of her organization and Operation School Bell. She asked that Council approve the Community Activity Grant Committee's recommendation. Loralie McGill, 4203 Sierra Morena Avenue, Carlsbad, thanked Council for their continued support on behalf of the Classic Youth Theater. Ms. McGill spoke in favor of eliminating the three year rule. December 19, 2006 Carlsbad City Council Meeting Page 9 Victor T. Balaker, 3811 Alder Avenue, Carlsbad, came forward to address Council on behalf of the Carlsbad Optimist Club. Mr. Balaker thanked Council for their support. Ginny Adamly, representing the Carlsbad Historical Society, thanked Council for providing the Community Activity Grants program. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2006-371. accepting the recommendations of the Community Activity Grant Citizen Review Committee and allocating funds to the organizations identified. AYES: Lewis, Kulchin, Hall, Packard and Sigafoose. NOES: None. 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. ANNOUNCEMENT: City Clerk Lorraine Wood announced that Council Members have been invited to attend, and may be participating in the following event: Wednesday, December 20, 2006 - 11:00 p.m. Carlsbad City Council Study Session Faraday Center 1635 Faraday Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of December 19, 2006 was adjourned at 9:15 p.m. Sheila Cobian Deputy City Clerk