HomeMy WebLinkAbout2007-02-20; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 20, 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, Kulchin, and Hall.
Absent: Packard and Sigafoose.
LEGISLATIVE INVOCATION:
Pastor Doug Kelly of Christ Presbyterian Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, minutes of the following meetings were
unanimously approved:
Minutes of the Special Meeting held February 6, 2007.
Minutes of the Regular Meeting held February 6, 2007.
Minutes of the Joint Special Meeting held February 6, 2007
CONSENT CALENDAR:
Item #5 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items #1 through #4 and Items #6
and #7 as follows:
AYES: Lewis, Kulchin and Hall.
NOES: None.
ABSENT: Packard and Sigafoose.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
February 20, 2007 Carlsbad City Council Meeting Page 2
1. AB #18.901 - AGREEMENT WITH CITY OF ENCINITAS - CONSTRUCTION OF
CIRCULATION ELEMENT ROADS.
Council adopted RESOLUTION NO. 2007-031. appropriating funds from the
Rancho Santa Fe Road Fund to (proposed CFD #2) to the CCOA Encinitas
Capital Project fund and authorizing payment to the City of Encinitas.
2. AB #18.902 - NOTICE OF ACCEPTANCE OF CONSTRUCTION CONTRACT.
Council adopted RESOLUTION NO. 2007-032. accepting the construction
contract on the Woodstock Sewer Pipeline Extension as complete, and directing
the City Clerk to release bonds, Project No. 3840-1.
3. AB #18.903 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2007-033. accepting the construction
contract on the Carlsbad Boulevard OH Bridge Retrofit as complete, and
directing the City Clerk to record a Notice of Completion, Project No. 3557-1.
4. AB #18.904 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of January
31,2007.
5. AB #18.905 - ACCEPTANCE OF DONATION.
This item was pulled for discussion.
6. AB #18.909 - ACCEPTANCE OF GRANT.
Council adopted RESOLUTION NO. 2007-038. accepting the Fiscal Year 2005
Department of Homeland Security Buffer Zone Program Grant and appropriating
the funds to purchase and install buffer zone equipment at two sites in Carlsbad.
7. AB #18.910 - OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 2007-039. approving out of state travel for
one Fire Prevention Specialist to attend the National Fire Academy in
Emmitsburg, Maryland.
ITEM PULLED FOR DISCUSSION:
6. AB #18.905 - ACCEPTANCE OF DONATION.
Mick Calarco, Recreation Area Manager of Carrillo Ranch, highlighted the year-
long volunteer efforts put forth by Joan Kindle for the Holiday at the Rancho
event, a fundraiser held for programs and projects at Carrillo Ranch.
Joan Kindle thanked the Leo Carrillo Ranch Staff, Recreation Department
Special Events Division and the Friends of Carrillo Ranch for all their efforts to
make the Holiday at the Rancho event so successful.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2007-034. accepting a donation from Volunteer
Curator Joan Kindle and appropriating the funds to the Carrillo
Ranch Trust Fund.
AYES: Lewis, Kulchin and Hall.
NOES: None.
ABSENT: Packard and Sigafoose.
February 20, 2007 Carlsbad City Council Meeting Page 3
PUBLIC COMMENT:
Seth Alderton, 2903 Corte Celeste, Carlsbad, came forward to address Council. Mr.
Alderton expressed his concerns regarding potential public safety emergency situations
and adequate resources to respond to such emergencies.
Mayor Lewis asked Mr. Alderton if he was inferring that the City had inadequate
equipment.
Mr. Alderton replied that he would like the Fire Department to be at the top of their
game when responding to emergency situations.
Chris Hammond, 1809 Suemark Terrace, Vista, Vice President of the Vista Firefighters
Association, came forward to address Council. Mr. Hammond stated he was there to
support the Carlsbad firefighters.
In response to an inquiry by Mayor Lewis, Mr. Hammond stated that the surrounding
fire departments respond in Carlsbad providing emergency transport services. He
stated that as a firefighter for the City of Vista, he responds to emergency calls in
Carlsbad on a regular basis.
Mike Calderwood, 3570 Catalina Drive, Carlsbad, came forward to address Council.
Mr. Calderwood read the City's value statements. He expressed his concerns about
the statements made by Mayor Lewis that appeared in the North County Times.
Dave Mitchley, 4588 Essex Court, Carlsbad came forward to address Council. Mr.
Mitchley expressed concerns about public safety service levels.
Mike Davis, 5079 Los Robles, Carlsbad and former President of the Carlsbad
Firefighters Association, came forward to address Council. Mr. Davis expressed
concerns about public safety service levels and the statements made by Mayor Lewis
that appeared in the North County Times.
Mayor Lewis stated he did not regret the statements he made that appeared in the
North County Times. Mr. Lewis said that he felt the firefighters do an excellent job. He
added that he had received tremendous comments about the actions and services
performed by the Carlsbad Fire Department. He also stated that if the firefighters were
dissatisfied where they were working, other opportunities were available.
PUBLIC HEARINGS:
8. AB #18.906 - LA COSTA GLEN CORPORATE CENTER.
Barbara Kennedy, Associate Planner, provided the staff report and PowerPoint
Presentation (on file in the Office of the City Clerk).
February 20, 2007 Carlsbad City Council Meeting Page 4
Applicant Rick Aschenbrenner, Chief Executive, Continuing Life Communities, LLC,
1940 Levante Street, Carlsbad, gave a brief presentation. Mr. Aschenbrenner said the
La Costa Glen Corporate Center is one of the last few buildings proposed for Green
Valley. He added that about two-thirds of the original Green Valley area will remain in
permanent open space. Mr. Aschenbrenner also stated he would be available to
answer questions.
Mayor Lewis opened the duly noticed public hearing at 6:37 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:37 p.m.
Acting City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. NS-833. approving an amendment to the Green
Valley Master Plan, MP 92-01 (B) for modifications to the General
Plan Land Use Designations for Planning Area 2; and,
Adopted RESOLUTION NO. 2007-035 adopting a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting
Program, and approving a General Plan Amendment (GPA 06-02)
to amend the General Plan Land Use Map and the Open Space
and Conservation Map, a Local Coastal Program Amendment
(LCPA 06-01), Habitat Management Plan Permit (HMPP 06-
11), Hillside Development Permit (HDP 05-11), and Coastal
Development Permit (CDP 05-51) for the La Costa Glen Corporate
Center project on property generally located northwest of Calle
Barcelona, west of El Camino Real and north of Leucadia
Boulevard in Local Facilities Management Zone 23.
AYES: Lewis, Kulchin and Hall.
NOES: None.
ABSENT: Packard and Sigafoose.
9. AB #18.907 - PLANNED DEVELOPMENT REGULATION AMENDMENTS.
Gary Barberio, Principal Planner, Jennifer Jesser, Associate Planner and Chris
DeCerbo, Principal Planner, gave the staff report and PowerPoint Presentation (on file
in the Office of the City Clerk).
Mr. Barberio explained the Planning Department's outreach efforts regarding the
proposed changes and said that staff worked with and solicited input from the Building
Industry Association and the Carlsbad Chamber of Commerce.
Mr. Barberio explained that if Council did take action at this meeting, the amendments
will not be effective until approved and certified by the California Coastal Commission.
He said staff anticipates submitting the application in April and it would take six to nine
months before the Coastal Commission acted on the application.
February 20, 2007 Carlsbad City Council Meeting Page 5
Mayor Pro Tern Kulchin asked why there was a long wait in between Council's approval
and submission of the application to the Coastal Commission.
Mr. Barberio responded that the City is restricted to three Local Costal Program
amendments. He added that the amendments are batched together and then
submitted.
Council Member Hall asked how the recreational vehicle (RV) storage requirement was
changing.
Mr. Barberio stated the current Planned Development Code requires RV storage
parking at a rate of 20 sq. ft. per residential unit for projects of 25 dwelling units or
more. He explained that the proposed change is recommending to keep the rate the
same, but that it not apply to projects of less than 100 dwelling units and that it not
apply to projects that are located in the Residential Multiple Housing and Residential
Housing land use designations. Mr. Barberio added that research showed that the
occupancy rates of most of these storage lots is relatively low and some Homeowners'
Associations rent out the spaces to RV users outside of the development as a source of
income.
In response to an inquiry by Council Member Hall about tandem parking, Mr. Barberio
said the current Planned Development Code does not allow for tandem parking. He
explained that staff is recommending that projects would be able to develop up to 25%
of the dwelling units with tandem parking in the RH land use designation.
Council Member Hall asked how this allows the project to become more dense.
Mr. Barberio replied that these changes do not increase density, but make it more
flexible to achieve the density range of the land use designation. He further added that
staff is not comfortable recommending a higher percentage of tandem parking.
Mayor Lewis opened the duly noticed public hearing at 7:10 p.m.
Bob Ladwig, Ladwig Design Group, 2234 Faraday Avenue, Carlsbad, came forward to
address Council. Mr. Ladwig urged Council to adopt the recommendations of the staff
and the Planning Commission.
Scott Molloy, representing the Building Industry Association, stated BIA is very
supportive of the City's process and recommended changes, but would like further
consideration on eliminating the RV storage parking requirement and increasing
tandem parking.
Mike Howes, Howes, Weiler and Associates, 5927 Balfour Court, Suite 202, Carlsbad,
urged Council to adopt the recommendations of the staff and Planning Commission.
Mayor Lewis closed the duly noticed public hearing at 7:15 p.m.
Council Member Hall expressed he would like staff to review the tandem parking issue
and arterial setbacks in the future.
February 20, 2007 Carlsbad City Council Meeting
Acting City Attorney Jane Mobaldi titled the Ordinance.
Page6
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS-834. approving a Zone Code amendment to
amend the standards in Municipal Code chapter 21.45, (Planned
Developments), Chapter 21.44 (Parking), and Chapter 21.82
(Beach Area Overlay Zone) to facilitate the development of high
quality residential projects consistent with the residential density
policies of the General Plan, and to clarify ambiguities and correct
inconsistencies; and,
Adopted RESOLUTION NO. 2007-036. adopting a Negative
Declaration for a Zone Code Amendment and Local coastal
Program Amendment, and approving said Local Coastal Program
Amendment to amend the standards in Municipal Code Chapter
21.45 (Planned Developments), Chapter 21.44 (Parking), and
Chapter 21.82 (Beach Area Overlay Zone) to facilitate the
development of high quality residential projects consistent with the
residential density policies of the General Plan, and to clarify
ambiguities and correct inconsistencies.
AYES: Lewis, Kulchin and Hall.
NOES: None.
ABSENT: Packard and Sigafoose.
DEPARTMENTAL AND CITY MANAGER REPORT:
10.AB #18.908 - DESIGN REVIEW BOARD APPOINTMENT.
Mayor Lewis stated he was supporting the recommendation of the Planning Commission
to appoint Commissioner Frank Whitton to the remainder of Mr. Heineman's term on the
Design Review Board.
ACTION: On a motion by Mayor Lewis, Council adopted
RESOLUTION NO. 2007-037. appointing Frank Whitton to the
Design Review Board.
AYES: Lewis, Kulchin and Hall.
NOES: None.
ABSENT: Packard and Sigafoose.
February 20, 2007 Carlsbad City Council Meeting Page 7
CONINUAT10N OF PUBLIC COMMENT:
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms.
Levy expressed her concerns about the lack of a Fire Department Master Plan.
Richard Fisher, 1509 Alta Vista Drive, Vista, President of the Carlsbad Firefighters
Association, came forward to address Council. He expressed his concerns about public
safety service levels and about the statements made by Mayor Lewis that appeared in
the North County Times. He also read a list of areas in which he felt the City had not
supported the Firefighters. Mr. Fisher asked Mayor Lewis to resign.
Chris Lawrence, 3575 Flat Rock Street, Carlsbad, came forward to address Council.
Mr. Lawrence expressed his concerns about public safety service levels and about the
statements made by Mayor Lewis that appeared in the North County Times.
Ken Sugahara, 2752 Olympia Drive, Carlsbad, came forward to address Council. He
expressed his concerns about public safety service levels and about the statements
made by Mayor Lewis that appeared in the North County Times. Mr. Sugahara
suggested that both the City and Association work together regarding the issues.
Kim Blaylock, 2770 Wilson Street, Carlsbad, came forward to address Council. Mr.
Blaylock expressed his concerns about the statements made by Mayor Lewis that
appeared in the North County Times.
Roark Griffin, 4335 Yosemite Street, Carlsbad, came forward to address Council.
Mr. Griffin expressed his concerns about public safety service levels and about the
statements made by Mayor Lewis that appeared in the North County Times. Mr. Griffin
asked Mayor Lewis to make an apology to the fire department.
Mayor Lewis stated he did meet with Mr. Fisher and Association representatives and
invited a reporter to the meeting. The Mayor explained he was disappointed that they
did not follow the chain of command and told them to meet with the Fire Chief and City
Manager before he would meet with them again. Mayor Lewis reiterated that if the
firefighters were dissatisfied where they were working, there were other opportunities
available.
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.
February 20, 2007 Carlsbad City Council Meeting Page 8
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members will hold a Council
Workshop at the Faraday Administration Office, 1635 Faraday Avenue, Room 173A
Carlsbad, CA 92008, on Wednesday, February 21, 2007, from 11 a.m. to conclusion of
business at approximately 1 p.m.
ADJOURNMENT:
By proper motion, the Regular Meeting of February 20, 2007 was adjourned at 7:45
p.m.
JE M. WOOD, CMC
City Clerk^
Sherry Freisinger
Administrative Secretary