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HomeMy WebLinkAbout2009-03-10; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 10, 2009 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 Blackburn. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Regular Meeting held February 10, 2009. Minutes of the Special Meeting held February 17, 2009. Minutes of the Regular Meeting held February 17, 2009. Minutes of the Special Meeting held February 18, 2009. Minutes of the Special Meetings held February 24, 2009. Minutes of the Special Meeting held March 3, 2009. PRESENTATIONS: Council Member Hall presented a Proclamation to Ted Owen and Bev Jorgensen of the Carlsbad Chamber of Commerce in recognition of Sustainability Month - March. Library Director Heather Pizzuto came forward to address Council. Ms. Pizzuto explained that Stater Bros, donated $2,500 to the Carlsbad Library for the purchase of children's books. Corporal Rick Galanos of the Carlsbad Police Department also came forward to address Council. Corporal Galanos explained that Stater Bros, donated $1,000 to the Carlsbad Explorer's Program. Stater Bros. Store Manager Chuck Henry stated that the Stater Bros, organization was proud to support the needs of the Carlsbad community. CONSENT CALENDAR: Item No. 3 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 1, 2 and 4 through 10 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. March 10, 2009 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 #19.732 -ACCEPT DONATION FOR CITY LIBRARY. Council adopted RESOLUTION NO. 2009-040. accepting a donation from Stater Bros. Charities for the purchase of children's books for the Carlsbad City Library, and authorizing the appropriation of donated funds. 2. AB #19.744 - AUTHORIZE SUBMISSION OF GRANT APPLICATION. Council adopted RESOLUTION NO. 2009-049. authorizing the submission of a grant application for TransNet Environmental Mitigation Program funds through the San Diego Association of Governments for the Lake Calavera Preserve Planning Area Access Control and Habitat Restoration Project. 3. AB #19.733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. This item was pulled for discussion. 4. AB #19.734 -APPROVE THREE GRANT REQUESTS FOR THE FLOWER FIELDS AT CARLSBAD RANCH. Council adopted RESOLUTION NO. 2009-042. approving three grant requests from the Carltas Company for research projects intended to ensure the long-term productivity of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of funds. 5. AB #19.735 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of January 31, 2009. 6. AB #19.736 - REPORT OUT SETTLEMENT AGREEMENT. Council reported out the settlement agreement between the City of Encinitas and the City of Carlsbad. 7. AB #19.737 - AMEND RESOLUTION REGARDING THE POWER AND DUTIES OF THE BEACH PRESERVATION COMMITTEE. Council adopted RESOLUTION NO. 2009-043. amending Resolution No. 2003-120 to refer to Resolution No. 93-178 regarding the powers and duties of the Beach Preservation Committee. 8. AB #19.738 -TERMINATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2009-044. declaring the termination of the Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. 9. AB #19.739 - REJECT BIDS AND RE-ADVERTISE FOR BIDS FOR REPAIR OF PALQMAR AIRPORT ROAD BRIDGE. Council adopted RESOLUTION NO. 2009-045. rejecting all bids and authorizing the City Clerk to re-advertise for bids for the repair of the Palomar Airport Road Bridge over Carlsbad Boulevard, Project No. 4700. March 10, 2009 Carlsbad City Council Meeting Page 3 10. AB #19.740 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2009-046. approving the plans and specifications for the construction of the Poinsettia Community Park Phase MB Parking Lots, and authorizing the City Clerk to advertise for bids, Project No. 4504. DISCUSSION OF CONSENT CALENDAR ITEM: 3. AB #19.733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB AND GRILL. Council Member Hall stepped down from the dais at 6:12 p.m. citing conflict of interest, due to owning property near the subject area. Council Member Packard stated that he requested this item be pulled for discussion in hopes of persuading one of his colleagues to vote against approval of the appeal. Council Member Packard made a motion to deny the appeal filed on behalf of Mr. Peabody's Pub and Grill. The motion failed due to the lack of a second. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-041. conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub and Grill. AYES: Lewis, Kulchin and Blackburn. NOES: Packard. ABSENT: Hall. Council Member Hall returned to the dais at 6:16 p.m. PUBLIC COMMENT: Walt Meier, Carlsbad, came forward to address Council. Mr. Meier encouraged Council to consider purchasing the property for sale on Carlsbad Village Drive and Victoria Avenue known as Village H. He suggested that once the property is purchased that the City maintain the area as Open Space. Monte Howard, Director of Generation Mortgage, San Diego, came forward to address Council. Mr. Howard explained that his company recently had to reduce their workforce by 1/3 due to the current economic conditions. He requested that the Council support the local building and construction industry. In conclusion, Mr. Howard stated that the industry is going to need support to recover and thrive. Mark Kaplan, President of Aspen Insurance Agency, El Cajon, came forward to address Council regarding the impacts the current economic conditions are having the on the building and construction industry. He stated that due to the current economic conditions his company has had to lay off employees. In response to an inquiry from Council Member Hall, Mr. Kaplan confirmed that the individuals speaking on behalf of the building and construction industry will also attempt to speak to other City Councils throughout the County. March 10, 2009 Carlsbad City Council Meeting Page 4 Bob Cummings, an employee of Barrett American, also expressed concerns about the impacts of the current economic conditions on the building industry. Mr. Cummings submitted a document to the Council entitled "Jumpstart our Industry Now" prepared by the Building Industry Association of San Diego County (on file in the Office of the City Clerk). He requested that the Council consider the solutions outlined in the document in response to the current economic conditions. Diane Nygaard, Oceanside, came forward to address Council on behalf of Preserve Calavera. Ms. Nygaard invited the Council to attend a Special Event on Thursday, March 19, 2009 at 7:00 p.m. at the Agua Hedionda Discovery Center. She explained that the event would include a lecture entitled "Let's Go Native" by Greg Ruben. Ms. Nygaard also encouraged the Council to consider directing staff to pursue purchase of the Village H property known as the "Enchanted Forest". In closing, she stated that Preserve Calavera would be happy to assist with the acquisition of the property. Council Member Hall stated that the City is interested in starting a dialogue with the business community regarding the building and construction industry. He further stated that City Manager Lisa Hildabrand is working on developing a meeting to facilitate the discussion. PUBLIC HEARINGS: 11. AB #19.741 - LEGOLAND HOTEL CALIFORNIA. Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Lynch gave an overview of the proposed project stating that the proposed Specific Plan Amendment would add hotel and accessory hotel uses. He further explained that the proposed Amendment would modify the current parking standards by reducing the number of parking spaces from 92.4 parking spaces per acre of inner park development to 80.08 parking spaces per acre of inner park development. Mr. Lynch also explained that Conditional Use Permit (CUP) 02-20 relating to vehicle storage on the Legoland property reads "The storage of vehicles shall terminate if Legoland develops the inner park expansion area and additional parking is needed for Legoland visitors". In conclusion of the presentation, Mr. Lynch stated that staff and the Planning Commission are recommending adoption of the Mitigated Negative Declaration and approval of the Specific Plan Amendment and Local Coastal Program Amendment. Council Member Hall asked if the CUP 02-20 with Car Country, that currently allows vehicle storage on Legoland property, will automatically be forfeited as a result of the inner park expansion. Mr. Lynch explained that forfeiture of the CUP would not automatically occur due to the expansion, and that both of the following criteria would need to be met before the CUP would be forfeited: 1. The Inner Park is developed; and 2. Additional Parking for Legoland visitors is needed March 10,2009 Carlsbad City Council Meeting Page 5 General Manager of Legoland, Peter Ronchetti came forward to address Council. Mr. Ronchetti stated that Legoland has shown steady growth and that a Legoland Hotel will compliment the park and will attract additional visitors. Mayor Lewis opened the duly noticed Public Hearing at 6:44 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:44 p.m. Council discussion ensued regarding their support for the proposed project. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-025. adopting an amendment to the Carlsbad Ranch Specific Plan (SP 207(G)) to add hotel and accessory uses to Planning Area 4 of the Carlsbad Ranch Specific Plan and to revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo del Norte and west of the Crossings Drive in the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 13; and, Adopted RESOLUTION NO. 2009-047. adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a Local Coastal Program Amendment to add Hotel and Accessory Uses to Planning Area 4, Legoland, of the Carlsbad Ranch Specific Plan, revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan and change the street name from Hidden Valley Road to the Crossings Drive on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of the Crossings Drive in the Mello II segment of the Local Coastal Program in Local Facilities Management Zone 13. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 12. AB #19.742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. Assistant Planner Shelley Esteybar presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Ms. Esteybar explained that the proposed Rhoades Minor Subdivision complies with all required City standards. She further explained that the proposed project density calculation is also in compliance with City Standards. March 10, 2009 Carlsbad City Council Meeting Page 6 Ms. Esteybar also reviewed the following concerns presented by the appellant relating to the proposed Minor Subdivision: Concern No. 1 1. Proposed net square footage on Parcel #2 is not consistent with past projects and current standards. Additionally, the standard being applied to the proposed subdivision is in conflict with the standards applied to the project proposed on the adjacent project. In response to concern No. 1, Ms. Esteybar explained that the proposed Subdivision is consistent with the required standards in lot size, lot width, buildable area, panhandle width, panhandle length and panhandle paved driveway width. Concern No. 2 2. The proposed subdivision is not in harmony with the current scheme of the neighborhood and is in conflict with current language in the general plan. In response to concern No. 2, Ms. Esteybar explained that there is a General Plan provision that allows projects that are designated Residential Low-Medium Density to go up to 25% above the top of the density range, which in the case of the proposed Subdivision, allows a density of up to 5.8 dwelling units per acre. She noted the proposed density for the project is 4.76 dwelling units per acre. Concern No. 3 3. There is an injunction being filed in relation to the recorded easement on Parcel #2. In response to concern No. 3, Ms Esteybar stated that staff is not aware of a private view easement or any related issues. She noted that the project does not propose building on those areas. Referencing a letter dated March 4, 2009 from William and Candace Lynn to Mayor Lewis (on file in the Office of the City Clerk), Council Member Packard inquired if any documentation exists indicating any previous determination by the Planning Commission that the subject property could not be sub-divided and informed Mr. and Mrs. Lynn. Ms. Esteybar stated that staff did not find any documentation or previous determination that the subject property could not be subdivided. The appellant Juintow Lin, Capistrano Beach, reviewed a PowerPoint Presentation (on file in the Office of the City Clerk) outlining concerns relating to the proposed Rhoades Minor Subdivision, and the reasons for the appeal of the Planning Commission approval of the Rhoades Minor Subdivision. Ms. Lin also expressed concerns about the inadequacy of the proposed parking turn around on the panhandle lot due to its smaller size and expressed concerns regarding drainage issues and placement of retention basins on fill slopes. In closing, she stated that the neighbors do not believe that this project will benefit the City and asked that the appeal be granted. Mayor Lewis opened the duly noticed Public Hearing at 7:18 p.m. March 10, 2009 Carlsbad City Council Meeting Page 7 Candace Lynn, Carlsbad, came forward to address Council. Ms. Lynn spoke in opposition to the proposed Rhoades Minor Subdivision. She stated that she and her husband were the original owners of the subject property. She explained that when she and her husband split the property into four lots, that they approached planning staff about selling the subject lot to a family member so that the property could be divided once again. Ms. Lynn stated that they were informed by Planning Department staff that the lot could not be divided further. Rick Connor, Carlsbad, also spoke in opposition to the proposed Rhoades Minor Subdivision, stating that the original intent of the neighborhood was to have larger lots and lower density than what is being proposed. Bob Wojcik, representing Hofman Planning and Engineering came forward to address Council on behalf of the Rhoades Minor Subdivision applicant. Mr. Wojcik explained that the project was not given preferential treatment and that as a former Engineer for the City he was well aware of the required City standards, requirements, and policies and that the proposed project meets all of the City standards. In conclusion, Mr. Wojcik requested that the Council uphold the Planning Director's and the Planning Commission's decision to deny the appeal of the approval of the Rhoades Minor Subdivision. In response to an inquiry from Council Member Packard, Mr. Glenn Rhoades explained that when he and his partner, Mr. Doug Nelson, purchased the subject property they had the choice of two lots. Mr. Nelson was told by Mr. William Lynn that this lot was the only one that could be split. In response to an inquiry from Mayor Pro Tern Kulchin, Planning Director Don Neu explained that the proposed project was reviewed and found to be in compliance with City codes and the General Plan. He further explained that although the original lots in the area were created larger than what zoning required, the area around the larger lots have subdivided into smaller lots. Mr. Neu also stated that with the Residential-Low Medium designation given to the neighborhood, the neighborhood was not intended to consist of estate lots larger than the 7,500 square feet that the code requires. Council Member Hall asked staff if Mr. Lynn had originally wanted to split his property into five lots, what procedure would have needed to be followed. Mr. Neu stated that splitting the property into five lots would have required a Tentative Tract Map and that the approving body would have been the Planning Commission rather than staff. In addition, he explained that more complexity, costs and details are involved in a Tentative Tract Map application. In response to Council Member Hall, Senior Civil Engineer Glen Van Peski explained that the storm water requirements of the proposed project have been reviewed and all the drainage needs can be met. Doug Nelson, co-owner of the proposed Rhoades Minor Subdivision, came forward to address Council. Mr. Nelson stated that Mr. Lynn had suggested he purchase the subject lot, since it had potential to be split. March 10, 2009 Carlsbad City Council Meeting Page 8 Mayor Lewis requested that staff define the criteria that allowed the proposed project to be considered an "exceptional" case per the City's General Plan. Mr. Neu explained that there is a provision within the Land Use Element of the General Plan which specifies, "There are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low-medium density residential classifications. In those exceptional cases, the City may find that the project is consistent with the Element if: a) The project is compatible with the objectives, policies, general land uses and programs expressed herein b) All of the necessary infrastructure is in place to support the project c) The proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%" In conclusion, Mr. Neu stated that the proposed project does meet the criteria for the "exceptional" status as outlined in the Land Use Element of the General Plan. Council Member Packard stated that there seems to be concern about the term "exceptional" and the appropriate connotation for the term when used as a status for the proposed project. Mr. Neu explained that although the speakers eluded to the fact that "exceptional" meant that the project was "unique" in nature; when in fact the term "exceptional" in the context of this project is a function of how the density is calculated. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:56 p.m. Council discussion ensued regarding their support for the proposed Rhoades Minor Subdivision project. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-048. denying the appeal and upholding the Planning Commission's decision to deny the appeal to Planning Commission and uphold the Planning Director's decision to approve a Minor Coastal Development Permit to allow for the subdivision of a .42 acre single- family residential lot zoned R-1-7,500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, on property generally located on the south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. RECESS: Mayor Lewis declared a recess at 8:05 p.m. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the Council Meeting at 8:10 p.m. with five Council Members present. March 10, 2009 Carlsbad City Council Meeting Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #19.743 - PRESENTATION BY SANDAG ON THE SMART PARKING PILOT STUDY. SANDAG Representatives Alex Estrella and Linda Novak reviewed a PowerPoint Presentation (on file in the Office of the City Clerk) outlining the planned SMART Parking pilot study. Mr. Estrella explained that the purpose of the study is to maximize parking efficiency at Coaster stations by utilizing modern technology. Ms. Novak stated that both Carlsbad coaster stations were identified during Phase 1 of the Study to be candidates for the pilot program. She also reviewed the following key milestones of the Study: • Phase 1 - Early 2008 • Research, Data Collection and Installation • Phase 2 - Spring 2009 • Pilot Project Launch and Initial Evaluation • Phase 3-Summer2010 • Project Evaluation and Monitoring In response to an inquiry from Mayor Lewis, Mr. Estrella stated that the project will not include parking meters. In response to Council Member Packard, Mr. Estrella explained that the Pilot program will include what is called a Compass Card System. He explained that all commuters would register through the Smart Commuter program to obtain a Compass Card. He further explained that a hand held unit will be available at the coaster station so that the commuter can provide a description of their vehicle. In response to an inquiry from Mayor Pro Tern Kulchin, Samual Johnson from SANDAG explained that coaster customers will receive a free parking pass attached to their coaster ticket. He also explained that although the Compass Card, which will contain the riders vehicle information will be free to the customer, the customer will still need to purchase their ticket to ride the coaster. Council Member Hall stressed the importance of making the pilot program and the use of the Compass Card user friendly. Michael Bullock, Oceanside, came forward to address Council. Referencing an e-mail sent to Council dated March 9, 2009 (on file in the Office of the City Clerk), Mr. Bullock encouraged the agencies involved in the SMART Parking Pilot Program to implement a plan that would include the following: 1. Using RFID automation for charging train riders and parkers. 2. Apply full-cost pricing of the parking with a congestion pricing overlay. 3. Operate the train station parking lot for the benefit of the train riders, and return 100% of the earnings from the parking fees to the train riders. In response to an inquiry from Council Member Packard, Mr. Bullock confirmed that he is advocating charging for parking at the Coaster station. By consensus, Council accepted the report. March 10, 2009 Carlsbad City Council Meeting Page 10 PUBLIC COMMENT (continued): A representative of PoliceWatch.org expressed concerns relating to the integrity of the judicial system. 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 March 10, 2009 was adjourned at 8:53 p.m. (REN Assistant City Clerk Sheila R. Cobian Deputy City Clerk