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HomeMy WebLinkAbout2008-09-16; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 16, 2008 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. LEGISLATIVE INVOCATION: Mayor Lewis gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Nygaard led the Pledge of Allegiance. PRESENTATIONS: Mayor Lewis presented a proclamation recognizing Constitution Week, September 17 through 23, 2008. Lesley Clifton, representing the Santa Marguerita Chapter of the Daughters of the American Revolution, thanked the Council for the proclamation. She encouraged all to ring their bells at 2:00 p.m. in honor of the 221st anniversary of the constitution. Mayor Lewis presented a proclamation recognizing the service of Jerry Tarman on the Library Board of Trustees. Mr. Tarman thanked Council for their recognition and support of the Carlsbad Library system. CONSENT CALENDAR: Item Nos. 2, 3 and 4 were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item #1 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. September 16, 2008 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 #19.569 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2008-255. accepting a donation from the Carlsbad Senior Citizen's Association to support the Carlsbad Senior Center, and authorizing the appropriation of funds to the Senior Program Donations account. DISCUSSION OF CONSENT CALENDAR ITEMS: 2. AB #19.570 - APPROVE AMENDMENT TO AGREEMENT. Michele Levy, Carlsbad, came forward to address Council. Ms. Levy stated she was concerned that the widening of El Camino Real project is taking precedence over the safety of Carlsbad residents. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-256. approving Amendment No. 5 to the agreement with Bureau Veritas North America, Inc., for El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 3. AB #19.571 -AWARD OF CONTRACT. Michele Levy, Carlsbad, came forward to address Council. Ms. Levy expressed her concerns regarding the lack of a fire master plan. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-257. accepting bids and awarding a contract to Mark Sauer Construction, Inc., for the Leo Carrillo Ranch Barn Stabilization and approving an additional appropriation of funds for construction of the project, Project No. 39611. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. September 16, 2008 Carlsbad City Council Meeting Page 3 4. AB #19.572 - NOTICE OF COMPLETION. Michele Levy, Carlsbad, stated that preparation of a Fire Master Plan is more important to Carlsbad than the traffic signal update project. City Manager Lisa Hildabrand, stated that the documents for the standards of measure study for the Fire Master Plan are currently in her office for review of the scope of work. Fire Chief Kevin Crawford explained that the fire department requested a comprehensive review that took into account current demographics and what the fire department needs to do to keep pace with the growth of the city. Chief Crawford added that the study, conducted by an outside consultant, could take six to nine months to complete. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-258. accepting the construction of the Traffic Signal UPS and Battery Backup Project as complete and directing the City Clerk to record a Notice of Completion, Contract No. PWGS316R. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCE FOR INTRODUCTION: 5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-007. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCE FOR ADOPTION: 6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. City Attorney Ron Ball titled the Ordinance. September 16, 2008 Carlsbad City Council Meeting Page 4 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-006. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: Michele Levy, Carlsbad, came forward to address Council. Ms. Levy expressed her concerns regarding the costs of various city projects and the lack of a Fire Master Plan. Michael Babowal, representing the Chamber of Commerce, came forward to address Council. Mr. Babowal informed Council that following the recent Public Utilities Commission public hearing that took place in Council Chambers, an administrative law judge proposed that North San Diego County keep the 760 area code with an overlay for new phone numbers. He added that a final decision is scheduled to be made on October 16, 2008. Steve Eidel of Carlsbad came forward to address Council. Mr. Eidel expressed his concerns regarding the city Charter allowing the option of soliciting non-prevailing wage bids for capital improvement projects. PUBLIC HEARING: This item was continued from the City Council Meeting held on July 22, 2008. 7. AB #19.525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. Senior Planner Van Lynch presented the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Lewis questioned Mr. Lynch regarding the zone change for this area that was approved by Council in 1991. In response to the inquiry from Mayor Lewis, Mr. Lynch explained that the properties to the west side of the project are zoned R-1-15,000, three of the parcels to the north side of Adams Street are zoned as RT (Residential/Tourist), while the remaining parcels are zoned R-1-15,000. Mayor Lewis inquired about the parking to be provided by the project. Mr. Lynch replied that the project would provide 30 spaces in the interior parking garage and 2 extra spaces for guest parking. September 16, 2008 Carlsbad City Council Meeting Page 5 Mayor Lewis stated that the Coastal Commission has historically required both Whitey's Landing and Snug Harbor to provide parking for the public. He asked if this project would provide public parking for tourists and citizens that wanted to visit the lagoon. Mr. Lynch replied that public parking is not proposed with this project. In response to an inquiry from Council Member Hall, Mr. Lynch explained that the Zoning provides the implementation of the General Plan. Bob Ladwig, Ladwig Design Group, representing the developers, came forward to address Council. Mr. Ladwig introduced Jim Courtney and Mike Pfankuch, owners of the property. Mike Pfankuch came forward to address Council. Mr. Pfankuch presented a history of the property and PowerPoint presentation regarding the project (on file in the Office of the City Clerk). Mr. Pfankuch stated he and Mr. Courtney purchased the property in 1985. He explained that the property had a general plan designation of Recreation/Travel/Commercial and was zoned RT at that time. He said the proposed resort would be professionally managed, and because of limited parking, guests and visitors would not be permitted to bring their own watercraft to the resort. Mr. Pfankuch added that the resort would provide the watercraft for guests to use. Mr. Pfankuch explained to Council that from the west side of the property, the elevation of the proposed boat club building is the same as that of the "Stewart" home currently under construction. He also stated that the building's size is compatible with adjacent structures. Mr. Pfankuch referred to Council Resolution No. 91-324, that had changed the zoning of the commercial property adjacent to the boat club site on the east side, from Recreation/Commercial to Residential Low-Medium (RLM). He said that he and Mr. Courtney had voiced their objections, to the Planning Commission at the time of the zone change, because they felt it would create problems for future development of their parcel. Mr. Pfankuch also referenced the Coastal Act, Policy 30222, the Agua Hedionda Land Use Plan, and the City's Local Coastal Plan, stating that these policies and plans encourage and designate this site for continued recreation or commercial use, and require that Whitey's Landing and Snug Harbor be designated for continued recreation commercial use. He also noted that the Local Coastal Program also mandates that recreation/commercial is maintained. He stated that this project will bring desirable, economic benefits to the City of Carlsbad, local businesses and also businesses on the Agua Hedionda Lagoon. Mr. Pfankuch stated that he and Mr. Courtney believe that they have demonstrated that the site is adequate to accommodate the project, that the project complies with all city ordinances and will reduce traffic and noise. September 16, 2008 Carlsbad City Council Meeting Page 6 Mr. Pfankuch asked Council to uphold the General Plan and zoning designations in effect when he and Mr. Courtney purchased the property in 1985. He added that General Plan amendments and zoning changes made over the years have created a "Spot Zone" on this parcel, and that as a result, some of the neighbors are concerned with the project's compatibility. In response to an inquiry from Council Member Packard, Mr. Pfankuch stated the applicants had met with the Coastal Commission staff who indicated that they would prefer to see a hotel or motel on the site. Mayor Lewis expressed concern regarding the project and how it would be reviewed by the Coastal Commission because timeshares are considered private, not public, ventures. Mr. Pfankuch stated that if the Coastal Commission were to require public parking, the applicants would have to revert to use of the lower 60 feet of the east side of the property, that was designated for such use by the Planning Commission in 1991. Jim Courtney addressed Council and said that, even if a hotel were put on the site, parking would be available for hotel guests only and not for the public. Mayor Lewis also inquired about the proposed removal of the existing public boat launch and public access by this project. Mayor Lewis suggested to Mr. Pfankuch and Mr. Courtney that they continue to discuss the matter and work with Coastal Commission staff. Mr. Courtney commented that the applicants had no indication from Coastal Commission staff about concerns with the project's density and parking until recently. He also stated that the current commercial zoning on the parcel would allow a new restaurant on the site, which would generate more traffic and noise from patrons and deliveries. In response to inquiry from Council Member Hall, the City Attorney explained that any project proposed for this site would need to obtain approval from the City and subsequent review and approval by the Coastal Commission. Bob Ladwig stated there have been no changes to the property, however, zoning in the surrounding area had been changed in 1991. He explained that maintaining the project at 25 units would make it feasible for the owners and would not impact the neighborhood beyond what was anticipated when the property first received its General Plan and zoning designations. Mr. Ladwig further added that reducing the project to any number less than 25 units would eliminate a substantial return on investment, and increase the owners' costs. He stated that the applicants were not asking for variances or reductions, and the project is allowed by current codes with the exception of the Conditional Use Permit for the timeshare. Mr. Ladwig asked that the project be sent back to staff for preparation of conditions of approval and environmental review documents and be returned to Council for approval. September 16, 2008 Carlsbad City Council Meeting Page 7 In response to an inquiry from Mayor Lewis, Mr. Ladwig stated that two to three residential units could be built on the property under R-1-15,000 zoning. Mayor Lewis opened the duly noticed public hearing at 7:15 p.m. Alan Wanamaker, Carlsbad, came forward to address Council. Mr. Wanamaker spoke in favor of the project and stated he believed this to be a chance for the Council to deal with the unintended consequences of previous zone changes to neighboring properties. Catalina Fathi, Carlsbad, spoke in opposition to the project. Ms. Fathi expressed her concerns regarding the safety of children in the neighborhood, due to the additional boaters on the lagoon and increased traffic that this project would bring. Scott Carmichael, Carlsbad, spoke in favor of the project. He stated he is a member of the Carlsbad Boat Club. Mr. Carmichael explained that it was difficult to launch a boat from Snug Harbor, so he joined the boat club because it was smaller and more accessible. He added that he thought the neighbors should welcome a timeshare project because the boat club has the potential to become another Snug Harbor. Lowell Grimaud, Carlsbad, came forward to address Council. Mr. Grimaud said that after 9/11, the United States Department of Agriculture published a Watershed Management Plan that did not envision multi-unit residences on the lagoon. He added that the new draft of the Agua Hedionda Lagoon Plan also does not address multi-unit residences on the lagoon. Mr. Grimaud outlined certain areas of concern (broken pipes, repair of retaining wall) surrounding the lagoon, and stated that the lagoon water is already stressed. For these reasons, Mr. Grimaud told Council he is not in support of the project. Sara Huber, Carlsbad, spoke in opposition to the project. She expressed concerns regarding fencing, and safety on the lagoon. Ms. Huber stated she is a board member of the Agua Hedionda Lagoon Foundation, and one of its missions is to promote a balance of responsible recreation and development. Ms. Huber said she does not feel the project is responsible development. She also added that the Marine Life Protection Act (MPLA) is under discussion by the Department of Fish and Game, and includes the possibility of the elimination of future boating on the lagoon. Ed Scarpelli, Carlsbad, spoke in support of the project. Mr. Scarpelli stated that he did not believe that Mr. Pfankuch and Mr. Courtney would bring an unfavorable project forth for approval by the City. He stated that the project complies with all city codes and is consistent with the General Plan, Agua Hedionda Land Use Plan, and Growth Management Plan. He also stated that this project would not negatively impact the views of neighboring properties. Susan Toft, Carlsbad, spoke in favor of the project. She stated that she believes it is a good project for the community and sees the project as functional and compatible with the neighborhood. She stated that she is a resident of Terramar, where public beach access has been required, and has worked very well. September 16, 2008 Carlsbad City Council Meeting Page 8 Ross Campbell, Coast Law Group, LLP, representing Thomas and Nicole Dean, spoke in opposition to the project, and referenced previously submitted written comments (on file in the City Clerk's Office). Mr. Campbell stated that the project should be denied, and that any decision of approval would be challenged in court. He asked Council to consider the context and size of the project. He explained that the Planning Commission provided feedback to the developers to resolve the project's compatibly issues. Mr. Campbell stated that the slides may not be accurate, and do not show how the project develops out over the lagoon. Mr. Campbell further explained that any process for Council to approve the project on condition, return the project to staff to sort out the particulars and then conduct an environmental review is illegal under CEQA guidelines. He also stated that no analysis of data had been provided to substantiate the claim that a smaller project is not economically viable to the owners. Dee Calbat, a resident of Bristol Cove, Carlsbad spoke against the project. Ms. Calbat stated that many of the people that spoke tonight do not live on the lagoon. David Cipolla, Carlsbad, spoke against the project. He said the drawings do not depict the actual building, and the reduced traffic referenced a restaurant that has not been in operation for several years. Mr. Cipolla stated that he felt that staff did a thorough and fair review before recommending denial of the project. Hollyce Phillips, Carlsbad, spoke against the project. Ms. Phillips stated she was disappointed that the developers had been unresponsive to the neighbors and the neighborhood. She further stated that all of the Planning Commission recommendations that would make the project compatible were ignored. Ms. Phillips suggested that the developers build two units and make their profit in that manner. Jim Stickland representing the Bristol Cove Property Owners Board, Carlsbad spoke against the project. Mayor Lewis closed the duly noticed public hearing at 7:56 p.m. RECESS: Mayor Lewis declared a recess at 7:56 p.m. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the meeting at 8:02 p.m. with five Council Members present. In response to an inquiry from Council Member Nygaard, Mr. Lynch stated that there are four findings that need to be made for a Conditional Use Permit. He explained that the proposed use needs to be compatible with the elements of the general plan, such as noise, safety, and environmental, and that the project is not detrimental to existing uses in the surrounding area. Mr. Lynch added that the use that is permitted by right is a single-family residence. He explained that rezoning of the adjacent property to September 16, 2008 Carlsbad City Council Meeting Page 9 residential could be found to be consistent with the proposed future uses of the RT Zone that permits residential and day care uses. Mr. Lynch further explained that a conditional use needs to be found compatible with surrounding zone uses. Council Member Packard asked if staff concurred with the applicants' visual presentation that the external dimensions of the proposed project are compatible with surrounding structures. Mr. Lynch replied that staff did concur. Council Member Packard asked if the footprint coverage on the lots is comparable. Mr. Lynch stated that the proposed building is 12,000 sq. ft and the adjacent house is 4,000 sq. ft. In response to an inquiry from Council Member Packard, Mr. Lynch stated there is no existing easement for beach access. Council Member Packard asked if neighboring properties were required to have beach access. Mr. Lynch stated the only requirement is a lateral access along the shoreline of the lagoon. He added that beach access is required in certain areas by the Coastal Commission, and this is an opportunity to secure vertical access from Adams to the shoreline. In response to an inquiry from Council Member Packard, Mr. Lynch stated that the zoning on this property is unique to the other area properties, in that the property is not zoned residential, but residential tourist to warrant the request for vertical beach access. Council Member Packard asked about the process of overturning the decision without CEQA review. Mr. Ball stated Council would have to remand the project back to staff for the environmental review, after which the project would go before the Planning Commission again, and then return to Council for approval. Council Member Packard stated he had concerns about Finding No. 1 of Planning Commission Resolution 6348, regarding the project generating boat noise, as the project is in Zone 2, an existing power boating area. Mr. Packard also stated he had a question regarding Finding No. 3 of Planning Commission Resolution No. 6349, which he thought conflicted with Finding No. 2 regarding suitability of the site. He also inquired about Finding No. 4, that addresses easements for beach access. Council Member Packard asked Council to consider making some modifications to these findings, if needed. September 16, 2008 Carlsbad City Council Meeting Page 10 Council Member Hall said that he believes that the property owners do not want to build homes on the property and that they understand that if they want to build something non-residential, a Conditional Use Permit will be required. Mr. Ball said Council's responsibility at this meeting was to grant some relief to the appellants, or to deny the project either with, or without prejudice. He noted that denying the project without prejudice would allow the applicants to return with modifications to this project. Council Member Nygaard asked for clarification on the Planning Commission findings. Mr. Ball suggested that staff provide some testimony on the findings, noting that Finding No. 4 is a standard condition. Mr. Lynch reviewed Finding No. 1 of Planning Commission Resolution No. 6348 regarding the boat ramp. Mr. Lynch explained that there is a concern that the proposed boat ramp may have more activity than the existing private boat launch facility, which would be evaluated during a CEQA review. Mr. Lynch said that Finding No. 3 deals with the compatibility, intensity, and the size of the project, not the width, the type, or proposed density. City Attorney Ron Ball asked for clarification of any conflict between Finding No. 2 and Finding No. 3. Mr. Lynch explained that there is no conflict between the two findings because the Council is reviewing the type and density of the project, as opposed to the building mass of the project. He added that staff feels the proposed project does meet the size requirements for the property, but does not meet the type and density for the property. Council Member Nygaard expressed concern about the size and intensity of the project. Council Member Packard commented that the Planning Commission had not recommended that the parcel be developed with single family homes, but rather recommended a smaller scale project for the site. Council Member Hall stated that this project is compatible with the lagoon and active recreational uses. He noted that Snug Harbor and Whitey's Landing should include a boating component. He suggested that the applicants listen to the recommendations of the Planning Commission and comments of the residents regarding this project. Mayor Pro-Tern Kulchin expressed support for the Planning Commission decision, and concern with the intensity of the project. Mayor Lewis expressed concern regarding the compatibility of the project to the surrounding area. He expressed support for the Planning Commission recommendation of denial. September 16, 2008 ACTION: Carlsbad City Council Meeting Page 11 AYES: NOES: ABSENT: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-216, denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, Adopted RESOLUTION NO. 2008-217.as amended per the memo from the City Attorney, dated September 15, 2008 (on file in the City Clerk's Office) denying the appeal, with prejudice, and upholding the Planning Commission's decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Lewis, Kulchin, Packard and Nygaard. Hall. None. Council Member Hall stated that he had cast a "no" vote on this matter because he believed that the denial should have been made "without" prejudice. RECESS: Mayor Lewis declared a recess at 8:51 p.m. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the meeting at 8:52 p.m. with five Council Members present. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL. CARLSBAD MUNICIPAL WATER DISTRICT. HOUSING AND REDEVELOPMENT COMMISSION. AND PUBLIC FINANCING AUTHORITY. Mayor Lewis adjourned to the Joint Special Meeting of the City Council, Carlsbad Municipal Water District, Housing and Redevelopment Commission and Public Financing Authority at 8:52 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the Carlsbad Municipal Water District and City Council, and reconvened the City Council Meeting at 8:56 p.m. with five Council Members present. September 16, 2008 Carlsbad City Council Meeting DEPARTMENTAL AND CITY MANAGER REPORTS: Page 12 10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2008-261, reappointing Jack Nelson to the Senior Commission. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 11. AB #19.579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2008-262. reappointing Marie Bradley and adopted RESOLUTION NO. 2008-263. appointing Bob Benson to the Library Board of Trustees. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: 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. ANNOUNCEMENTS: Karen Kundtz, Assistant City Clerk, announced that Council Members would be attending: September 1 7, 2008 - 1 1 :00 to 1 :00 p.m. Council Workshop 1635 Faraday Avenue, Room 173B Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of September 16, 2008 was adjourned at 9:02 p.m. Assistant City Clerk Sherry Freisinger Deputy Clerk