HomeMy WebLinkAbout2007-10-09; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 9, 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, Hall and Packard.
Absent: Nygaard.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, minutes of the following meetings were
approved as presented:
Minutes of the Special Meeting held September 13, 2007.
Minutes of the Special Meeting held September 25, 2007.
Minutes of the Regular Meeting held September 25, 2007.
Minutes of the Joint Special Meeting held September 25, 2007.
PRESENTATIONS:
Mayor Pro Tern Kulchin presented Proclamations to Jodi Coe of the Women's
Resource Center and to Jackie Stone of the Community Resource Center in recognition
of Domestic Violence Awareness Month - October 2007.
Council Member Packard presented a Proclamation to Fire Marshal James Weigand in
recognition of Fire Prevention Week, October 7-13, 2007.
Council Member Hall presented a Proclamation to Fred Chambers in recognition of
White Cane Safety Day and Meet the Blind Month.
Mr. Chambers encouraged businesses to employ visually impaired individuals.
CONSENT CALENDAR:
Council Member Hall did not vote on Consent Calendar #8 due to a potential conflict of
interest.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items #1 through #8 as follows:
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Nygaard (Hall was absent on item #8)
October 9, 2007 Carlsbad City Council Meeting Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #19.192 - OUT OF STATE TRAVEL.
Council adopted RESOLUTION 2007-264. approving out of state travel for one
Engineering Department staff member to attend the H2OMAP Water Training
Course in Denver, Colorado.
2. AB #19.193 - AWARD OF CONTRACT.
Council adopted RESOLUTION 2007-265. authorizing the ratification and award
of contract to TRISTAR Risk Management, to provide third party administration
of workers' compensation claims.
3. AB #19.194 - AWARD OF CONTRACT.
Council adopted RESOLUTION 2007-266. approving the bid and awarding the
contract to Seaside Heating and Air Conditioning to upgrade the HVAC controls
at the Safety Center, Contract No. FAC 07-01R, Bid No. PWS08-2FAC.
4. AB #19.195 - AWARD OF CONTRACT.
Council adopted RESOLUTION 2007-267. approving the bid and awarding the
contract to Johnson Controls, Inc. to upgrade the HVAC at City Hall, Contract
No. FAC 07-02, Bid No. PWS08-05FAC.
5. AB #19.196 - FINAL MAP FOR ROOSEVELT GARDEN CONDOMINIUMS.
Council adopted RESOLUTION 2007-268. and approving the Final Map for
CT, 06-18, Roosevelt Garden Condominiums, and authorizing the map to be
recorded.
6. AB #19.197 - EASEMENT VACATION.
Council adopted RESOLUTION 2007-269. summarily vacating a portion of a
public utility easement across Lot 1 of the Carlsbad Ranch Hotel and Timeshare
Resort, STV 07-03, CT 03-02, Map No. 15332.
7. AB #19.198 - AWARD OF CONTRACT.
Council adopted RESOLUTION 2007-270. accepting the bid and awarding a
contract to T&M Electric, Inc., for the construction of the Poinsettia Lane and
Black Rail Road Traffic Signal, Project No. 3939-1.
8. AB #19.199 - FINAL MAP FOR CRESCENT DEL SOL ESTATES.
Council adopted RESOLUTION 2007-271 approving the Final Map for CT 05-01,
Crescent Del Sol Estates and authorizing the map to be recorded.
October 9, 2007 Carlsbad City Council Meeting Page 3
ORDINANCE FOR INTRODUCTION:
9. AB #19.200 - CLARIFICATION OF CERTAIN VIOLATIONS AS MISDEMEANORS.
City Attorney Ron Ball titled the Ordinance.
ACTION: Council introduced ORDINANCE NO. NS-861 amending Chapter
1.08, Section 1.08.010 of the Carlsbad Municipal Code clarifying
certain violations as misdemeanors.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Nygaard.
PUBLIC COMMENT:
Jill Agosti, 4730 Edinburgh Drive, Carlsbad, came forward to address Council. Ms.
Agosti suggested that a link be added to the City's website regarding the definition of
open space designations in the General Plan. Ms. Agosti also encouraged the Council
to provide adequate communication relating to upcoming Proposition D. Workshops.
In closing Ms. Agosti, commented that she had gathered input from neighbors relating
to the definition of open space and provided the City Clerk with the data gathered (on
file in the Office of the City Clerk).
PUBLIC HEARING:
This item was continued from the Council Meeting of September 18, 2007.
10.AB #19.172-APPEAL OF CITY ENGINEER'S DECISION.
Associate Engineer Tecla Levy, Planning Technician II Chris Sexton and Senior Civil
Engineer John O'Donnell presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Ms. Levy reviewed the following engineering concerns raised by the appellant:
• Significant Surface Water Impacts
• CEQA Exemption - Project Contains Unusual Circumstance (Inadequate
Drainage)
• Planter Areas Lower than Driveway - Potential Flooding
• No Drainage Easement Obtained
• Inadequate Proposed Detention System
• Inadequate Proposed Pipe System
• Project Violates National Pollution Discharge Elimination System Permit
October 9, 2007 Carlsbad City Council Meeting Page 4
Ms. Sexton reviewed the following planning concerns raised by the appellant:
• Significant Visual Impacts to Neighboring Properties
• Inconsistencies with Carlsbad Land Use Element
• Compliance with Carlsbad Sub-Division Ordinance
In response to an inquiry from Council Member Packard, Ms. Sexton explained that
when a project is proposed on a panhandle lot, the developers are asked to provide the
Planning Department with the proposed locations of the side, front and back yards to
ensure access is established without the need to back a vehicle out into a street.
In response to an inquiry from Mayor Lewis, Senior Civil Engineer John O'Donnell
confirmed that staff had provided Council with all of the information received regarding
the appeal.
Wes Pelzer, Attorney for Appellant Will Holleran, 751 East Rancheros Drive #4, San
Marcos, came forward to address Council. Mr. Pelzer explained that Mr. Holleran has
concerns relating to the drainage and visual impacts of the proposed project.
Utilizing visual aids, Mr. Pelzer illustrated potential drainage and visual impacts to Mr.
Holleran's property as a result of the proposed project.
In conclusion, Mr. Pelzer requested that Council direct staff to analyze the drainage
issue and to require that the project be conditioned to have a 27 foot setback along Mr.
Holleran's property line.
Gary Piro, Piro Engineering, 930 Boardwalk, San Marcos, came forward to address
Council on behalf of the appellant, Will Holleran. Mr. Piro gave an overview of Mr.
Holleran's engineering concerns relating to proposed Minor Subdivision 07-01.
Utilizing illustrations (on file in the Office of the City Clerk), Mr. Piro displayed how
construction of the proposed project could result in additional drainage and the possible
flooding of Mr. Holleran's property. He explained that with the addition of the proposed
minor subdivision a total of six lots would be draining into Mr. Holleran's driveway.
In conclusion, Mr. Piro explained that Mr. Holleran's driveway and the brow ditch that
runs along the western boundary of Mr. Holleran's property was not constructed in a
manner equipped to accept the drainage of the proposed project.
Will Holleran, 3311 James Drive, Carlsbad, came forward to address Council. Mr.
Holleran stated that the proposed project has had a major impact on his home. He
commented that water drainage has always been an issue on James Drive and that the
project would add to the problem. He also suggested that the developer be required to
construct a home such as a split-level home at a required 27 foot setback to reduce
visual impacts to neighboring properties.
Mr. Holleran requested that the Council approve the appeal and deny approval of the
proposed Minor Subdivision until a thorough review of the drainage issues can be
completed.
October 9, 2007 Carlsbad City Council Meeting Page 5
In closing, Mr. Holleran displayed computer generated photographs (on file in the Office
of the City Clerk) of what the proposed project could look like from various setbacks and
elevations. He also submitted letters to Council from various neighbors (on file in the
Office of the City Clerk) expressing concerns relating to the proposed minor subdivision.
Mr. Thomas Scott, 5138 Delaney Court, Carlsbad, the Minor Subdivision Applicant,
came forward to address Council. Mr. Scott stated that he is not requesting any
variances for his project. He also stated that he had offered the following solutions to
Mr. Holleran's visual and drainage concerns:
• Offered to lower pads by three feet to reduce visual impacts
• Offered to increase setback from 10 feet to 15 feet
• Offered to plant mature vegetation
• Offered to build fence at 100% of his cost between the two properties
• Offered to sell Mr. Holleran five feet of lot or entire lot.
• Offered to build drainage swale and retention basin
Mr. Scott displayed digital photographs of existing homes throughout Carlsbad with
similar setbacks as those being proposed for his project.
In conclusion, Mr. Scott requested that Council uphold the City Engineer's approval of
Minor Subdivision MS 07-01.
In response to an inquiry from Mayor Pro Tern Kulchin, Ms. Levy explained that a
previous developer had constructed the brow ditch on the western side of Mr. Holleran's
property.
In response to an inquiry from Council Member Hall, Mr. O'Donnell explained that an
additional pipe would need to be installed leading into the brow ditch if the pad of the
property is lowered below the brow ditch.
Mayor Lewis opened the duly noticed Public Hearing at 7:53 p.m.
Steve Baroth, 3307 James Drive, Carlsbad, came forward to address Council. Mr.
Baroth expressed concerns relating to potential drainage impacts to his property as a
result of the proposed project.
Mayor Lewis commented that the neighborhood in question does not have curbs,
gutters and sidewalks at the request of the citizens in the area.
Greg Samson, 3286 Highland Drive, Carlsbad, requested that the proposed project be
conditioned to require any structure to be built as far to the west as possible to limit the
visual impacts on his property.
Mary Holleran, 3311 James Drive, Carlsbad, asked that the developer of the minor
subdivision provide a reasonable plan to address drainage concerns and reduce the
visual impacts to existing homes.
October 9, 2007 Carlsbad City Council Meeting Page 6
Janna Scott, 5138 Delaney Court, Carlsbad, came forward to address Council. Ms.
Scott stated that the proposed project adheres to all the requirements by the City and
requested that Council uphold the City Engineer's approval of the project.
Irene Strause, 3291 Highland Drive Carlsbad, requested clarification of who would be
building the proposed project.
William Laird, 1620 James Court, Carlsbad, came forward to address Council. Mr.
Laird requested that Council evaluate the drainage issues in the Highland Drive and
James Drive area.
Mr. Pelzer returned to the podium and stated that the proposed project should require
CEQA review since the drainage will be increasing by 100% onto Mr. Holleran's
property.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 8:10 p.m.
RECESS:
Mayor Lewis declared a recess at 8:10 p.m. Council reconvened at 8:19 p.m., with four
members present and Council Member Nygaard absent.
In response to an inquiry from Mayor Lewis, City Attorney Ron Ball explained that the
appellant is tasked with demonstrating that there has been an abuse of discretion by
the City Engineer when approving the minor subdivision.
Council Member Hall inquired if the Council has the ability to place conditions on the
proposed project.
Mr. Ball stated that the Council can condition the project provided there is a belief that
there had been an abuse of discretion by the City Engineer in approving the project. He
further explained that the appeal could be approved or denied with or without
conditions. However, if the Council places conditions on the project there must be
substantial reason for proposing additional conditions beyond what the City Engineer
had previously determined when the project was approved.
In response to Council Member Hall regarding the CEQA determination, Mr. Ball
explained that certain in-fill projects such as the proposed minor subdivision are
categorically exempt from CEQA review.
In response to an inquiry from Council Member Packard, Ms. Sexton explained that the
Code allows for staff to determine setbacks of projects on panhandle lots. She further
explained that on Parcel B of the proposed subdivision, the project orientation would be
the same as Mr. Holleran's home.
In response to Mayor Pro Tern Kulchin, Mr. O'Donnell confirmed that the proposed
project complies with all City codes and ordinances.
October 9, 2007 Carlsbad City Council Meeting Page 7
Mayor Lewis confirmed that the developer has adhered to all City requirements for the
project.
Mr. O'Donnell explained that there will be additional engineering review for the next
phase of the project which will contain grading plans and additional detail relating to
drainage and detention and retention basins.
In response to an inquiry from Mayor Lewis, Planning Director Don Neu explained that
although staff can not require a developer to build a certain style home, staff often
works with the developer on a compromise to address concerns of neighboring property
owners. He further explained that height, building coverage and setbacks are
determined through application of the Municipal Code dependent on the zone where
the property is located.
Mr. Neu commented that a significant issue with the project is the grade difference of
the property in relation to Mr. Holleran's property. He stated that Carlsbad is a
community where elevation differences between lots are common and that the terracing
of properties often results.
In response to Council Member Hall, Mr. O'Donnell explained that the drainage and
ponding that may occur on the property could be addressed through a drainage pipe to
slow down the concentration of water flowing into Mr. Holleran's driveway.
In closing Mr. O'Donnell explained that the approved recommended map contains a
possible house footprint and at this phase the building pad could be moved.
Council Member Packard stated that he will vote to deny the appeal and spoke in
support of staff's evaluation of the project.
Council Member Hall stated that he will approve the appeal if the following conditions
are not placed on the project:
• Design drainage detention system that will limit impacts to Mr. Holleran's
property
• Change backyard setback from 10 to 20 feet
Mayor Pro Tern Kulchin stated she can support staff's recommendation and uphold the
City Engineer's decision approving Minor Sub-Division MS 07-01.
ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council directed
the City Attorney to return to Council with documents upholding the
City Engineer's decision approving Minor Sub-Division MS 07-01
and denying the appeal.
AYES: Lewis, Kulchin and Packard
NOES: Hall
ABSENT: Nygaard
October 9, 2007 Carlsbad City Council Meeting Page 8
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
8:45 p.m. with four Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District
and reconvened the City Council Meeting at 9:02 p.m. with four Council Members
present.
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.
ADJOURNMENT:
By proper motion, the Regular Meeting of October 9, 2007 was adjourned in memory of
Michele Butler at 9:04 p.m.
LORRANE M. WOOD, CMC
City Clerk
Sheila Cobian
Deputy City Clerk