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HomeMy WebLinkAbout2007-02-13; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 13, 2007 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, Hall, Kulchin, Packard. Absent: Sigafoose. PRESENTATIONS: Mayor Lewis presented a proclamation in recognition of surf photographer LeRoy Grannis. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through # 3 as follows: AYES: Lewis, Hall, Kulchin, Packard. NOES: None. ABSENT: Sigafoose. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.893 - REPORTING OUT TERMS AND CONDITIONS. Council received the report on the terms and conditions of the Robertson Ranch Parkland and Purchase Agreements. 2. AB #18.894 - APPROVAL OF AGREEMENT. Council adopted RESOLUTION NO. 2007-027. approving the agreement with Brown and Caldwell for the preliminary design of the Agua Hedionda Sewer Lift Station and realignment of reaches 11B through 15 of the Vista Carlsbad Interceptor Sewer System, Project Nos. 3492, 3886 and 3949. 3. AB #18.895 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2007-028. accepting bids and awarding a contract to D. G. Yeager for the construction of the 2007 Concrete Replacement Project No. 6013. February 13, 2007 Carlsbad City Council Meeting Page 2 ORDINANCES FOR ADOPTION: 4. AB #18,896 - ESTABLISH A NO PARKING ZONE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-831. amending Title 10, Chapter 10.40, Section 10.40.128 of the Carlsbad Municipal Code to declare a No Parking Zone on each side of Cassia Road from Poinsettia Lane to its intersection with El Camino Real. AYES: Lewis, Hall, Kulchin, Packard. NOES: None. ABSENT: Sigafoose. 5. AB #18.897 - ESTABLISH PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-832. amending Title 10, Chapter 10.44, Section 10.44.240, to establish a 55 mile per hour prima facie speed limit upon Melrose Drive from Palomar Airport Road to the north city limit. AYES: Lewis, Hall, Kulchin, Packard. NOES: None. ABSENT: Sigafoose. PUBLIC COMMENT: Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy requested that Council adopt a Fire Master Plan for Carlsbad now instead of waiting for a multi-agency Fire Master Plan to be approved. PoliceWatchDog.org spoke about his concern regarding civil rights laws. He stated that he felt there was a need for electronic monitoring of police officers and that disciplinary records of police officers should be made available to the public. February 13, 2007 Carlsbad City Council Meeting Page 3 PUBLIC HEARING: This item was continued from the Council Meetings of December 19, 2006 & January 16, 2007. 6. AB #18.850 - APPEAL OF PLANNING COMMISSION DECISION - RQMERIA. CP 06-01. Planning Technician Christine Sexton and Assistant Engineer David Rick provided the staff report with a PowerPoint Presentation (on file in the Office of the City Clerk). Ms. Sexton stated there were four issues of non-compliance with this project: arterial setbacks, setbacks from the driveway, architectural design elements and recreational space. She explained the applicant applied for a preliminary review on July 18, 2000 on a four-unit apartment project and received a written response on August 14, 2000 advising that the proposed project did not conform to the Planned Development Ordinance which would be required to convert the project to condominiums at a later date. She added that the current Planned Development Ordinance states that a condominium conversion is subject to the Ordinance in existence in the Municipal Code when the building permit was issued. Ms. Sexton said the building permit was issued on February 2, 2003, and the project must follow the current Planned Development Ordinance. Ms. Sexton addressed each of the four non-compliance issues explaining how they did not meet the General Plan, Zoning Ordinance or Planned Development Ordinance. Ms. Sexton explained the Planning Director's denial of the project was for the arterial landscape setback and for private recreational space, and the Planning Commission's denial was based on the setback from the edge of the driveway and architectural design elements. Ms. Sexton reviewed a chart that showed the past, present and proposed Planned Development Ordinance. She stated the applicant's project did fall under the present Ordinance, but added the chart shows that the applicant cannot meet some of the development standards of the previous development ordinance nor can he meet some of the standards of the proposed new Planned. Development Ordinance. Mr. Gino DiFante, the applicant, came forward to address Council stating he had submitted resolutions to the City on three of the issues regarding the project and the response to his resolutions was a denial of his condominium conversion. Mr. DiFante stated he wants to comply and work with the Planning Department,to convert the apartments to condominiums. He requested Council approve the condominium permit and direct the Planning staff to apply the resolutions he has submitted on the project. Mr. DiFante also said that he is aware that a new Planned Development Ordinance will be adopted soon which will address the issues on his project. Mr. DiFante presented a PowerPoint Presentation (on file in the Office of the City Clerk) addressing the four non-compliance issues of his project. Mr. DiFante showed photographs and compared his project to other existing developments in his neighborhood that he felt also had the same issues. February 13, 2007 Carlsbad City Council Meeting Page 4 In response to an inquiry by Council Member Hall, Don Neu, Acting Planning Director, stated that staff reviewed the project's compliance against the new Planned Development Ordinance and there will still be a few issues that are not in compliance. Council Member Hall asked if a variance could be requested. Mr. Neu responded that under the new Planned Development Ordinance, the applicant could request a variance. Council Member Hall asked for clarification on the surrounding properties Mr. DiFante compared to his project. Mr. Neu explained the City's Planned Development Ordinance does not exempt or treat a noise wall differently than a perimeter wall. He stated there was an interpretation made by a staff member that the noise wall could be located within the setback; however, staff could not find any such provision in the Planned Development Ordinance, and that the plan was approved in error. He also added that the existing Planned Development Ordinance does not have this type of provision and that a variance would be required to justify the location. In response to an inquiry from Council Member Hall, City Attorney Ron Ball replied that in the future if the applicant applied for a variance, staff and the Planning Commission would have to make the findings to support the variance. He also added that if the appellant applied for variances under the new proposed Planned Development Ordinance, the variances would be decided on the merit of that application. Mayor Lewis asked if the present building standards that Mr. DiFante developed his project under were easier than condominium standards. Mr. Neu replied the standards for apartment projects do not contain some of the greater landscape setbacks as required for condominium projects. He added the City's Planned Development Ordinance would apply to create separate ownership units. Mr. Neu also said he felt there was confusion with regard to condominiums, but that they are subject to this Ordinance. Mayor Lewis opened the duly noticed public hearing at 7:27 PM. Linda DiFante came forward to address Council. She stated that her bother constructed the project well beyond the apartment standards. Frank DeRico, 2278 Channel View, Laguna Nigel, California, stated he had looked at the project as condominiums and would like to purchase one. He said the project is consistent with the area and felt Council should approve the project. Mr. DiFante stated he was comfortable paying any additional fees required for the condominium conversion. He said the City does not have an apartment ordinance and all issues refer back to the City's Planned Development Ordinance. Mr. DiFante informed Council that one of the reasons he is having issues with the recreational space requirements is because he was asked to move his building back further on the west property line due to a 12 foot storm drain pipe easement. He added this caused the patio area to become smaller. February 13, 2007 Carlsbad City Council Meeting Page 5 Mr. DiFonte stated he was talked into a preliminary review by staff at the counter. He said he received a response to the preliminary review that wasn't required and now finds himself in a situation where the Planning staff is referring to this response. He added that if staff would leave this element out and apply the current Planned Development Ordinance on the issues, his project does comply based on the comparison of the other projects and should be approved. Mr. Neu responded that Mr. DiFonte's review was an optional submittal. Mr. Neu explained that the purpose of the review is to give design direction about compliance with City codes and policies, and staff does not ask for the same level of detailed plans or additional information. Mr. Neu added the reason the preliminary review is being referenced is to show that it was disclosed at the earliest possible point that there may be some problems down the road with compliance. Mr. Neu also stated the City does not have a separate apartment ordinance and projects need to comply with the standards of the area in which the property is zoned. He added the project is located in a Residential Density Multiple Zone, and has a lesser standard than the Planned Development Ordinance and that is where the conflict arises. Mr. Neu further explained that the project may have been built to condominium standards per the Uniform Building Code with regard to water and sewer, but these are a separate set of standards than the Planned Development Ordinance. In response to an inquiry from Council Member Hall, David Rick stated there is a storm drain on the western side of the property. He added that staff wanted to ensure that the building was not going to cause a surcharge of pressure on the existing pipe and that there was available space to repair the pipe if ever needed. Mr. Rick said the actual easement is 12 feet and the applicant was asked to step back another 12 feet. Mayor Lewis closed the duly noticed public hearing at 7:43 PM. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2006-369. as amended denying an appeal without prejudice and upholding a Planning Commission decision to deny a condominium permit to allow the conversion of a four-unit apartment complex into condominiums on a .32 acre site located at 7565 Romeria Street, CP 06-01. AYES: Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT: Sigafoose. 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 7:58 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District at 8:00 p.m. with four Council Members present. February 13, 2007 Carlsbad City Council Meeting Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #18,898 - APPROVE ALLOCATION OF GRANT FUNDS. Elaine Blackburn, Senior Planner, and Committee Chair Julie Nygaard, presented the Committee's recommendations with a PowerPoint Presentation (on file in the Office of the City Clerk). Ms. Nygaard said the purpose of this report is to recommend to Council the allocation of funds for qualified project proposals from the Agricultural Mitigation Conversion Fee Fund. Ms. Blackburn highlighted the four categories in which grant allocations can be made and said sixteen proposals were received requesting over $8 million. Ms. Blackburn stated the Committee is recommending that seven proposals be funded at the requested amount and two are recommended for funding at less than the requested amount due to specific costs and aspects the Committee felt it could not support. She further stated that four proposals are on hold for consideration at a future Committee meeting. Ms. Blackburn also explained that one project could not be recommended for funding due to Committee concerns and two projects were not eligible for funding. She added that available funds are $6.8 million, and the Committee's current recommendation for allocation is $3.3 million. In response to an inquiry from Mayor Pro Tern Kulchin, Ms. Nygaard responded that funding allocated to these projects, could be used when applying for future matching funds. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-029. as amended to reflect changes in the errata sheet dated February 13, 2007, attached to Agenda Bill #18,898, approving the allocation of grant funds from the Agricultural Conversion Mitigation Fee Fund based on the recommendations of the Agricultural Conversion Mitigation Fee Committee. AYES: Lewis, Hall, Kulchin, Packard. NOES: None. ABSENT: Sigafoose. 8. AB #18.899 - REVISE CITY INVESTMENT POLICY. City Treasurer Harold McSherry explained the revisions he was recommending to the City's Investment Policy. Mr. McSherry stated no change was being made to the City's investment philosophy. He said that one of the revisions ensures the investment strategy complies with new State statues. Mr. McSherry further added that the revised policy also allows the City Treasurer to approve new broker dealers, ensures that the City's investment performance standard is appropriate, and allows for the City Treasurer to appoint city residents to the Investment Review Committee. February 13, 2007 Carlsbad City Council Meeting Page 7 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-030. approving the City Investment Policy dated February 6, 2007, that supersedes the Investment Policy dated October 18, 2005. AYES: Lewis, Hall, Kulchin, Packard. NOES: None. ABSENT: Sigafoose. 9. AB #18.900 - PRESENTATION FROM CARLSBAD COMMUNITY FOUNDATION. Knox Williams representing the Carlsbad Community Foundation gave a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Williams stated the mission of the Carlsbad Community Foundation is to improve the quality of life within the neighborhoods of Carlsbad by promoting and increasing responsible and effective philanthropy. He added that the Foundation's goals are to meet Carlsbad's emerging needs by increasing charitable giving within Carlsbad, and to build a community endowment fund to provide annual grants to Carlsbad organizations and causes. Mr. Williams further added that the first 100 members that commit $1,000 per year for five years are considered founding members. Mr. Williams explained how the funds will be distributed. He stated that fewer grants will be given, but the amounts awarded will be larger. He also said the Foundation is not starting another cause, but will aid or assist existing organizations to accomplish their missions and goals. Mr. Knox informed Council that the Foundation plans to award $50,000 in 2007, and by 2011 hopes to have built a $5 million endowment fund to award $250,000 per year. Mr. Williams stated the Carlsbad Community Foundation will be managed and reside under the umbrella of the San Diego Foundation, which is already a 501 c3 organization. Mr. Williams said the Foundation was asking the City of Carlsbad for direction in how best to work in partnership to advance this initiative. Council Member Packard asked if there were provisions for people who wanted to join at less than the $1,000 per-year-for-five-year membership. Mr. Williams replied that people can join for less than this amount, but would not be voting members. Council Member Hall stated a foundation was discussed by Council several years ago and funding was set aside, called the Community Activity Grants Fund. Mr. Hall said that because the funding seemed to go to a similar cause this can be reviewed and might be a way for the city to contribute. Mayor Lewis requested staff to return to Council at a later date with recommendations regarding City involvement in this program. Mayor Lewis also stated he was interested in a matching funds concept. February 13, 2007 Carlsbad City Council Meeting Page 8 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: None. ADJOURNMENT: By proper motion, the Regular Meeting of February 13, 2007 was adjourned at 8:37 p.m. LO City Clerk Sherry Freisinger Administrative Secretary