HomeMy WebLinkAbout2007-11-13; City Council; Minutes (3)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 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 Assistant City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Nygaard.
Absent: None.
PRESENTATIONS:
Jim Comstock, a member of the Proposition D Citizens' Liaison Committee, came forward to
address Council. Mr. Comstock played a brief DVD hi-lighting the efforts of the Proposition D
Citizens' Liaison Committee.
In closing, Mr. Comstock stated that the public is invited to the following Proposition D Citizens'
workshops:
• Thursday, November 15, 2007 6:30 to 9:30 p.m. at the Crossings at Carlsbad Golf Course
• Monday, December 3, 2007 6:30 to 9:30 p.m. at the City of Carlsbad Faraday Center
Mayor Lewis presented Proclamations to representatives from the La Jolla Music Society and
Mainly Mozart in recognition of the Carlsbad Winter Music Festival.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held October 16, 2007.
Minutes of the Joint Special Meeting held October 16, 2007. (Council and water District)
Minutes of the Regular Meeting held October 16, 2007.
Minutes Of the Joint Special Meeting held October 16, 2007. (Council and Housing and Redevelopment Commission)
Minutes of the Adjourned Regular Meeting of October 23, 2007.
Minutes of the Special Meeting held October 25, 2007.
Minutes of the Special Meetings held October 29, 2007.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the
Consent Calendar, Items #1 and #1A as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
November 13, 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 #19.224 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2007-292. approving contract documents, plans and
specifications, and authorizing the City Clerk to advertise for bids for the Fiscal Year 07/08
Concrete Replacement, Project No. 6013.
1A. AB#19.228 - SETTLEMENT OF PERSONNEL MATTER.
Council adopted RESOLUTION NO. 2007-294. authorizing the expenditure of funds for
settlement of a personnel matter involving Patrick Barreiro.
ORDINANCES FOR ADOPTION:
2. AB #19.225 - 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-
864. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the
addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed
limit on Gateway Road from El Camino Real to El Fuerte Street.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
3. AB #19.226 - ESTABLISH PRIMA FACIE SPEED LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-
865. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the
revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit
on Alicante Road from Poinsettia Lane to Gateway Road.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy
expressed concerns relating to the vegetation planted along the property line adjacent to her
property.
Kurt Burkhart, 400 Carlsbad Village Drive, Carlsbad, came forward to address Council. Mr.
Burkhart stated that November is National Adoption Month and encouraged individuals wishing to
have children to consider adoption. In closing, Mr. Burkhart commented that he would be happy
to answer any questions relating to the adoption process and stated that he could be reached at
760-434-6093.
November 13, 2007 Carlsbad City Council Meeting Page 3
Glenn Bernard, 3520 Avondale Circle, expressed his appreciation for all those who participated
in the Veteran's Day Fundraiser and stated that anyone wishing to still make a donation can do
so by mailing their donation to VFW Post 7041, P.O. Box 4501, Carlsbad, CA 92018.
In closing, Mr. Bernard asked for clarification regarding a City publication stating that cul-de-sacs
are cumbersome.
Mayor Lewis confirmed with staff that the owner of the property adjacent to Ms. Levy is meeting
the standards set forth by the City.
PUBLIC HEARINGS:
4. AB #19.227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIP PROGRAM.
Frank Boensch, Senior Management Analyst, presented the staff report and reviewed a
PowerPoint Presentation (on file in the City Clerk's office).
Mr. Boensch stated that the Citizen's Advisory Committee tasked with reviewing the CDBG/Home
applications is composed of representatives from the following Commissions and Quadrants of
the City. He noted that three of the positions are vacant at this time:
• One Member from the Planning Commission
• One Member from the Housing Commission (Vacant)
• One Member from the Senior Commission (Vacant)
• One Resident from the Southeast Quadrant
• One Resident from the Northeast Quadrant (Vacant)
• One Resident from the Northwest Quadrant
• One Resident from the Southwest Quadrant
Mayor Lewis confirmed with Council Member Packard that he would recommend a candidate to
represent the Northeast Quadrant.
Mayor Lewis opened the duly noticed Public Hearing at 6:41 p.m. and asked if anyone would like
to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:41 p.m.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2007-293. accepting public comments and approving the 2008-2009
CDBG/HOME Program Funding Plan, approving the CDBG/HOME
Application Review Process, and authorizing distribution of Request for
Proposals for the 2008-2009 CDBG/HOME Program.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
November 13, 2007 Carlsbad City Council Meeting Page 4
This item was continued from the Council Meeting of October 23, 2007.
5. AB #19.207 - PONTQ BEACHFRONT VILLAGE VISION PLAN.
Council concurred to hear this item following the remainder of the Agenda.
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 6:42
p.m. with five 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 6:43 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
This item was continued from the Council Meeting of November 6, 2007.
6. AB #19.222 -AGRICULTURE CONVERSION MITIGATION FEE AD HOC CITIZENS'
ADVISORY COMMITTEE APPOINTMENT.
Council concurred to continue the item.
PUBLIC HEARINGS:
This item was continued from the Council Meeting of October 23, 2007.
6. AB #19.207 - PONTO BEACHFRONT VILLAGE VISION PLAN.
Housing and Redevelopment Director Debbie Fountain, Senior Planner Christer Westman and
Deputy City Engineer David Hauser presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Ms. Fountain presented a brief history of the project and explained that the Study Area consisted
of 130 acres, of which 50 acres are considered viable for future development or redevelopment.
She also noted that 98% of the property is privately owned.
Ms. Fountain reviewed the conceptual illustrations of the character areas, and continued with a
detailed overview of the Ponto Beachfront Village Vision Plan and reviewed the following Vision
Plan Goals and Objectives:
• Establish a southern gateway to the City
• Accommodate a balanced and economically viable mix of tourist and community-serving
uses
• Provide pedestrian-scaled and high-quality and architecture
• Create bicycle and pedestrian paths and linkages
• Provide expanded beach access
• Use landscaping that celebrates the horticultural heritage of the City of Carlsbad
• Assure that public facilities and services meet the Growth Management Plan requirements
November 13, 2007 Carlsbad City Council Meeting Page 5
Ms. Fountain also explained that the Vision Plan contains four possible re-alignments for
Carlsbad Boulevard. She explained that Alternatives Two and Three would require removal of
the Cypress Trees located at the intersection of Avenida Encinas and Carlsbad Boulevard,
however, could create up to 104 additional public parking spaces.
Mr. Westman gave an overview of the proposed General Plan Amendment GPA 05-04, Local
Coastal Plan Amendment LCPA 05-01, Environmental Impact Report EIR 05-05, and Discussion
Item Dl 05-01. He further explained that a Traffic Analysis, a Biological Resource Study and a
review of the Geotechnical Constraints and Opportunities had been completed. He also noted
that a Biological Resources Survey, Wetlands Delineation Report, Cultural Resources Survey,
Sewer Study, and Development Potential Analysis have also been completed.
Mr. Westman also explained that the Planning Commission had recommended Amendments
relating to the following components of the Vision Plan:
• Parking Garages (public & private, underground)
• "Green" Construction Standards
• Trails System
• Coordination with California State Parks relating to beach access
• Public parks review process
• Ocean views from restaurants in hotels along southern portion of property
• Increased bluff edge setbacks
• Selection of Carlsbad Boulevard Road Alignment Alternative Number Two
In conclusion of staffs presentation, Mr. Westman reviewed the following Vision Plan
modifications recommended by staff, that are contained in the memorandum from the Housing &
Redevelopment Director, dated November 13, 2007 (on file in the City Clerk's Office):
• Add clarification language to Introduction of Vision Plan to state the conceptual nature of
the site plans within the Vision Plan
• Update costs estimates in T-1 mitigation measure within the Environmental Impact Report
for La Costa Avenue Improvements to increase the cost estimate from $5.3 million to $7.3
million.
In response to inquiries from Council Member Hall, Mr. Hauser confirmed that Avenida Encinas is
a secondary arterial and that the Environmental Impact Report did not indicate a need for any
mitigation measures relating to Avenida Encinas. In addition, Mr. Westman confirmed that the
park standards for the southwest quadrant are currently being met.
In response to Council inquiry, Mr. Westman explained that if a linear park is required along the
bluff as part of the adopted Vision Plan, a future developer would have to adhere to the
requirement.
City Attorney Ron Ball further explained that the linear park property could be obtained either
through exaction and dedication or acquisition and purchase.
Mr. Westman explained that if the City were to obtain the land for a park, the City would be
responsible for the maintenance of the park.
November 13, 2007 Carlsbad City Council Meeting Page 6
Mayor Pro Tern Kulchin confirmed with staff that the proposed Vision Plan will not result in a
change in zoning or the Land Use Element of the General Plan.
In response to inquiry from Mayor Pro Tem Kulchin, Mr. Westman explained that each future
proposed project would be subject to CEQA review.
Council Member Packard asked what type of trees would replace the cypress trees along
Carlsbad Boulevard if the chosen road re-alignment calls for the removal of the existing trees.
Ms. Fountain explained that staff would choose the replacement trees from the existing street
trees list.
In response to an inquiry from Mayor Lewis, Mr. Westman explained that if a property owner is
required to provide a 75 foot setback, the property would still be considered private property. He
further explained that current zoning allows streets, parking and landscaping in a setback area.
Council Member Packard asked why the Planning Commission recommended a 75 foot setback
when the City standards currently call for a 45 foot setback.
Mr. Westman explained that the 75 foot setback was a recommendation from the Planning
Commission resulting from concerns relating to development along the bluff above the lagoon.
Council Member Nygaard asked if a language modification could be included in the Vision Plan
allowing the City to increase the required setback to 75 feet.
City Attorney Ron Ball explained that Council could elect to modify the Planning Commission's
recommended language contained in Planning Commission Resolution No. 6341 by changing
Condition Number 2.h to read "The character areas shall be revised to reflect the Increased
Recreational Amenities/Green Space Alternative (Figure 6.6) of the Ponto Beachfront Village
Vision Plan Final Environmental Impact Report with the buffer/setback from the bluff edge
generally set at 75 (seventy-five) feet including a ten to twelve foot public trail and precisely
determined with the approval of development permits.
Mr. Ball concluded by explaining that by modifying the Planning Commission's recommended
language, Council would have the opportunity to determine the appropriate setback at the time
they review the first development application.
RECESS:
Mayor Lewis declared a recess at 7:40 p.m. Council reconvened at 7:49 p.m., with five members
present.
Mayor Lewis opened the duly noticed Public Hearing at 7:49 p.m.
Mike Burner, a resident of the Hanover Beach Colony Community, 7017 Leeward Street,
Carlsbad, came forward to address Council. Mr. Burner expressed concerns relating to visitors
to the Ponto area parking in Hanover Colony. In conclusion, he requested that Council consider
placing a gate at the entrance to Hanover Beach Colony.
November 13, 2007 Carlsbad City Council Meeting Page 7
Greg Thompson, 7155 Linden Terrace, Carlsbad, expressed concerns relating to the proposed
density of the Ponto Beachfront Vision Plan. In closing, Mr. Thompson requested that the
Council purchase the southern parcel of land to construct a park.
Dawn Ginder, a member of the Surfrider Foundation, 1214 Plum Tree, Carlsbad, expressed
concerns relating to increased traffic as a result of the Vision Plan. Ms. Ginder also requested
that the City consider purchasing a portion of the southern parcel for an open space buffer to the
lagoon.
Fred Sandquist, 6408 Crossbill Court, Carlsbad, President of the Batiquitos Lagoon Foundation,
expressed support for the Vision Plan and for the Planning Commission recommendation for a
75 foot setback along the bluff.
Paul Thompson, 5257 Milton Road, Carlsbad, also spoke in support of the Vision Plan and
encouraged Council to approve the recommendation by the Planning Commission relating to
future buildings meeting "Green" standards.
Diane Nygaard, Nighthawk Way, Oceanside, came forward to address Council on behalf of the
the Sierra Club. Ms. Nygaard expressed concerns relating to the Ponto Beachfront Vision Plan
Environmental Impact Report (EIR) and the Road Kill Determination. She also requested that the
Council adopt restrictions for areas located within 200 feet of the lagoon to ensure an adequate
buffer is maintained and that wetlands are preserved.
Tony Rufolo, 616 Marlon Way, San Pacifico Development, Carlsbad, expressed concerns
relating to increased traffic that would result from development of the Ponto area.
Mike Howes of Howes, Wylar and Associates, 5927 Balfour Court, Carlsbad, representing Lone
Star Properties, came forward to address Council and spoke in support of the Vision Plan.
Craig Beam, 2815 Townsgate Road, Westlake Village, came forward to address Council on
behalf of Nigel Oliver-Frost. Referencing a letter dated November 9, 2007 sent to Council (on file
in the Office of the City Clerk), Mr. Beam expressed concerns relating to proposed Conditions
added to the Ponto Beachfront Vision Plan by the Planning Commission. Mr. Beam requested
that the Council reject the conditions proposed by the Planning Commission relating to
underground parking garages, trail linkages, and public park areas within private property.
Rod Bradley, 5155 Avenida Encinas, Carlsbad, spoke in support of the Vision Plan and
suggested that the Council consider approving Sewer Plan Alternative Two.
Wayne Brechtel, 462 Stevens Avenue, Solana Beach, came forward to address Council on
behalf of Bob Lipsey. Mr. Brechtel provided a photograph to Council (on file in the Office of the
City Clerk) illustrating the proximity of Mr. Lipsy's home to the potential entrance to a future hotel.
In closing Mr. Brechtel requested that mitigation measures be required to ensure that the
entrance to any commercial property be oriented to the south and away from residential homes.
Luis Saunders, 503 Rutter Avenue, Carlsbad, came forward to address Council. Mr. Saunders
requested that Council preserve the beaches and lagoons and expressed concerns relating to
the adequacy of the Environmental Impact Report that was prepared for the Vision Plan.
November 13, 2007 Carlsbad City Council Meeting Page 8
Dale Ordas, 7325 Seafarer Place, Carlsbad, expressed concerns relating to increased traffic in
Carlsbad resulting from development if the proposed Vision Plan is approved. He also requested
that a traffic signal be installed to replace stop signs at the intersection of Portage and Avenida
Encinas.
Bill Hofman, Hofman Planning, 5132 Lionshead Avenue, Carlsbad, spoke in support of the Ponto
Beachfront Vision Plan. He referenced a previously submitted letter, dated October 15, 2007,
containing an objection to the Alternative #4 road alignment. Mr. Hofman noted that since the
plan is conceptual, the specific design details of each application would be reviewed on a project
by project basis.
Sara Huber, a member of the Agua Hedionda Lagoon Foundation, 6407 El Pato Court, Carlsbad,
came forward to address Council in support of the Vision Plan. Ms. Huber expressed support for
onsite mitigation, wetland preservation and the recommendation for standards for "green"
buildings.
Paul Adison, 7238 Ponto Drive, Carlsbad, spoke in support of the proposed Vision Plan.
Bill Canepa, Encinitas, also spoke in support of the proposed Vision Plan.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 8:56 p.m.
In response to Council Member Hall, Mr. Westman confirmed that the proposed Vision Plan is in
compliance with current standards and all City governing documents.
In reference to the setback and buffer areas discussed, Mr. Westman explained that setbacks
and buffers are development standards that will be addressed during the project development
stage and not within the Vision Plan.
Council Member Hall expressed concerns relating to the placement of conditions on projects that
have yet to be proposed and could conflict with existing City standards.
In response to an inquiry from Council Member Hall, Alex Jewel from RBF Consulting confirmed
that any project application will be reviewed to ensure that the project meets the City's Habitat
Conservation Plan requirements and provides protection for the slope along the bluff. In closing,
Mr. Jewel stated that the slope area is designated to be open space and that a permanent fence
will protect the area along with signage clearly indicating the presence of an environmentally
sensitive area.
In response to a question from Council Member Nygaard, Deputy City Engineer Hauser
explained that staff is recommending that Council select Sewer Plan Alternative One which would
result in reduced long term maintenance costs for the City.
Referencing a letter received from representatives of Lone Star Properties (on file in the Office of
the City Clerk), Council Member Packard confirmed with staff that the concerns of Lone Star,
regarding clarification of the conceptual nature of the proposed Vision Plan, had been addressed.
Mayor Pro Tern Kulchin confirmed with staff that each proposed project within the Vision Plan
area would be reviewed individually.
November 13, 2007 Carlsbad City Council Meeting Page 9
In response to a request from Mayor Lewis, Ms. Fountain stated that staff would return to Council
to clarify the different levels of "Green" buildings.
Council reviewed the Planning Commissions' recommended amendments to the Vision Plan as
follows:
ACTION: On a minute motion by Council Member Packard, Council did not concur with the
Planning Commission's recommendation to add language to the Vision Plan
requiring parking garages to be underground unless technically and financially
infeasible.
AYES: Lewis, Kulchin, Hall, and Packard.
NOES: Nygaard.
ABSENT: None.
ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council approved the Planning
Commission's recommendation to add language to the Vision Plan stating that
buildings shall implement "Green" construction techniques and materials to the
greatest extent feasible.
AYES: Lewis, Kulchin, Packard and Nygaard.
NOES: Hall
ABSENT: None.
ACTION: On a minute motion by Council Member Nygaard, Council approved the Planning
Commission's recommendation to add language to the Vision Plan stating that trails
within the Ponto Beachfront Village shall be linked to the greater Carlsbad citywide
trails system.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council approved the Planning
Commission's recommendation to add language to the Vision Plan stating that
coordination with State Parks to develop physical connections from the Ponto area
through the Carlsbad State Beach campground to the beach is strongly
encouraged.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ACTION: On a minute motion by Council Member Packard, Council approved the Planning
Commission's recommendation to add language to the Vision Plan stating that all
parks on public property are to be reviewed by either the Parks and Recreation
Commission, Planning Commission, and/or City Council as determined by the
permit necessary for development of the facility.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
November 13, 2007 Carlsbad City Council Meeting Page 10
ACTION: On a minute motion by Mayor Pro Tem Kulchin, Council did not concur with the
Planning Commission's recommendation to add language to the Vision Plan
requiring that any hotel on southernmost property incorporate an ocean view
restaurant.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
Council discussion ensued regarding the language modifications suggested by the City Attorney
relating to the setback from the bluff edge on Carlsbad Boulevard.
ACTION: On a minute motion by Council Member Nygaard, Council approved the language
modification recommended by the City Attorney relating to Planning Commission
Condition Number 2.h to read "The character areas shall be revised to reflect the
Increased Recreational Amenities/Green Space Alternative (Figure 6.6) of the
Ponto Beachfront Village Vision Plan Final Environmental Impact Report with the
buffer/setback from the bluff edge generally set at 75 (seventy-five) feet including
a ten to twelve foot public trail and precisely determined with the approval of
development permits."
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ACTION: On a minute motion by Mayor Pro Tem Kulchin, Council approved the Planning
Commission's recommendation to select Carlsbad Boulevard Road Alignment
No. 2.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
Council discussed their support for staffs recommendations relating to the addition of clarifying
language to the Introduction of the Vision Plan to explain the conceptual nature of the site plans
within the Vision Plan and to update the cost estimates increasing the T-1 mitigation measure
within the Environmental Impact Report for La Costa Avenue Improvements from $5.3 million to
$7.3 million. (Contained in the memo from the Housing & Redevelopment Director, dated
November 13, 2007, on file in the City Clerk's Office.)
ACTION: On a motion by Mayor Pro Tem Kulchin, Council referred the matter to the City
Attorney to incorporate the revised conditions and language modifications into the
approving Resolution and return to Council for approval.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None
ABSENT: None.
November 13, 2007 Carlsbad City Council Meeting Page 11
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:
Assistant City Clerk Karen Kundtz announced that Council has been invited and may attend the
following upcoming events:
Wednesday, November 14, 2007 -11:00 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
Thursday, November 15, 2007 - 8:00 a.m.
California Coastal Commission Hearing
Sheraton Hotel Mission Valley
1433 Camino Del Rio South
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of November 13, 2007, was adjourned at 9:50 p.m.
(EN
Assistant City Clerk
Sheila R. Cobian
Deputy City Clerk