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HomeMy WebLinkAbout2009-08-11; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 11, 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 Special Meeting held July 21, 2009. Minutes of the Joint Special Meeting held July 21, 2009. Minutes of the Regular Meeting held July 21, 2009. Minutes of the Special Meeting held July 28, 2009. Minutes of the Joint Special Meeting held July 28, 2009 Minutes of the Regular Meeting held July 28, 2009. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #2 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.929 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2009-208. accepting the construction of the 2007 Pavement Overlay as complete, and directing the City Clerk to record a Notice of Completion, Project 3667-15. August 11, 2009 Carlsbad City Council Meeting Page 2 2. AB #19.930 - ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2009-209. accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. ORDINANCES FOR INTRODUCTION: 3. AB #19.931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. City Attorney Ron Ball gave an explanation of the Design Build Ordinance. Mr. Ball stated that the Design Build Ordinance could be adjusted if needed in the future. He explained the Prevailing Wage Ordinance, and said a change was required on page 13, line 14 of the Ordinance to include the phrase "unless ordered by the City Council." Mr. Ball said the Prevailing Wage Ordinance could not be applied to projects funded by federal or state monies, or funded by special grants. Mr. Ball also reported that it was not in the best interest of the City to require prevailing wages in the sewer main cleaning agreement. City Attorney Ron Ball titled the Ordinances. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-046. amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts; and, introduced ORDINANCE NO. CS-047. as amended to include "unless ordered by City Council." on page 13, line 14 of the Ordinance, amending Section 3.28.130 regarding Prevailing Wages; and, adopted RESOLUTION NO. 2009-210. finding that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. August 11, 2009 Carlsbad City Council Meeting Page 3 4. AB #19.932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-048. amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 a.m., seven days a week. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 5. AB #19.933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-049. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. PUBLIC COMMENT: No public comment was given. PUBLIC HEARINGS: Mayor Lewis announced that Council concurred to trail Item No. 7 to the end of the agenda. 6. AB #19.934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. Principal Planner Chris DeCerbo and Associate Planner Barbara Kennedy gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mr. DeCerbo addressed the errata sheet provided to Council (on file in the Office of the City Clerk) that clarified revisions to Section 21.48.050 of the proposed ordinance. He explained that a non-conforming residential structure located in an area of the City that has been August 11, 2009 Carlsbad City Council Meeting Page 4 determined to be over density, can only have another unit added to it if it complies with the City’s General Plan and Housing Element. In response to an inquiry from Mayor Lewis, Mr. DeCerbo said that this ordinance could administratively permit a property owner to add a bathroom or bedroom to a unit located in an area that has been determined to be over density, such as the barrio area. Mayor Lewis opened the duly noticed Public Hearing at 6:24 pm. Seeing no one wishing to speak Mayor Lewis closed the Public Hearing. City Attorney Ron Ball titled the Ordinance referencing the errata sheet. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-050, as amended to included the changes listed in the errata sheet (dated August 11, 2009), approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses – Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 – Definitions, 3) amend Chapter 21.46 – Yards to delete Section 21.46.210, 4) amend Chapter 21.44 – Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopted RESOLUTION NO. 2009-211, adopting a Negative Declaration and approving a Local Coastal Program amendment to amend the implementing of the Carlsbad Local Coastal Program (Title 21-Zoning) to: 1) repeal and reenact the Nonconforming Buildings and Uses Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.03 Definitions, 3) repeal Section 7.21.46.210 of Chapter 21.46-Yards, 4) amend Section 21.44.010 of Chapter 21.44 – Parking and, 5) amend Section 21.45.090A of Chapter 21.45 – Planned Developments; and adopted RESOLUTION No. 2009-212, approving a Nonconforming Construction Permit application fee. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. August 11, 2009 Carlsbad City Council Meeting Page 5 ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 6:25 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Municipal Water District and reconvened the City Council Meeting at 7:00 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Continued from the Council Meeting held August 4, 2009. 11. AB#19.928 -ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. City Manager Lisa Hildabrand explained that the presentation on this item was given at the August 4, 2009 Council meeting. Mayor Pro Tern Kulchin stated that she had watched the previous meeting and was qualified to vote on this matter. City Attorney Ron Ball referenced his memorandum to City Council dated August 6, 2009 (on file in the Office of the City Clerk), that stated that grant funds cannot be spent on any publication containing political advertisements or advocacy for a particular ballot measure or political candidate. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-207. authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds, as amended, on Line 26, to include the wording contained in the City Attorney's memorandum, dated August 6, 2009. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. Continued from the Council Meeting held August 4, 2009. 12.AB #19.925 - CARRILLO RANCH BARN/THEATER PROJECT. City Manager Lisa Hildabrand explained that the presentation on this item was given at the August 4, 2009 Council meeting. Mayor Pro Tem Kulchin stated that she had watched the previous meeting and was qualified to vote on this matter. In response to an inquiry from Council Member Blackburn, Mark Steyaert, Park Planner, clarified that beginning this project earlier than projected would not adversely impact other CIP projects. August 11, 2009 Carlsbad City Council Meeting Page 6 In response to an inquiry from Mayor Lewis, Mr. Steyaert confirmed that annual operation costs would not exceed $13,000. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-203. appropriating funds for the construction of the Leo Carrillo Barn/Theater Project. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. RECESS: Mayor Lewis declared a recess at 7:04 p.m. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the Council Meeting at 7:08 p.m. with five Council Members present. CONTINUATION OF PUBLIC HEARING: 7. AB #19.935 - LA COSTA TOWN SQUARE. Senior Planner Van Lynch and Senior Engineer Glen Van Peski gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Lynch said that the site is located downstream from the Stanley Mahr Resevoir. He added that if the dam failed, there could be some residences that will suffer property damage from potential flooding. Mr. Lynch referenced an errata sheet (dated August 11, 2009) and on file in the Office of the City Clerk), that further clarified the need of an additional study to determine where the final existing pad grades are. He explained that since the areas are very minor, a foot or two of change of a proposed grading height could add or remove a site from potential grading. Council Member Hall disclosed that he had met with several residents of the area and the developer. He asked staff to clarify the formula for generating low income/affordable residential housing and its proposed location in this project. Mr. Lynch responded that the purpose of a residential high density site is to meet a requirement by the state to provide different types of housing. One of those is affordable housing. He explained that affordable housing is one of the state requirements and has a density of about 20 units per acre. He added that Carlsbad requires each residential project to provide a 15% affordable component. In response to an inquiry from Council Member Hall, Mr. Lynch said that the development located west of Rancho Santa Fe and La Costa Avenue was a project of single family, detached homes. Council Member Hall asked if consideration was made to make the proposed residential site match the surrounding site. August 11, 2009 Carlsbad City Council Meeting Page 7 Mayor Lewis announced that Council did received letters from Sheppard, Mullen, Richter and Hamilton, LLP, and Everett Delano III, Attorneys at Law, as well as letters and emails from persons opposed and in support of the project. He also indicated that Council Members and city staff have had phone conversations with opponents and proponents of the project. Pat O'Day representing the developer addressed Council. Mr. O'Day said the site is a part of the La Costa Master Plan and was always intended to be developed as a commercial project. Mr. O'Day informed Council that the developer is not asking for any variation or deviation from the city's design standards. Mr. O'Day described the project and said the project could generate approximately $1 million in sales tax revenue for the city. Council Member Blackburn asked Mr. O'Day to provide detail on the proposed synchronized traffic signals on Rancho Santa Fe Road. Mr. O'Day explained that a series of six traffic signals, from south of Olivenhain Road to the signal north of the project will be coordinated. He also said the project will pay for the coordination of the traffic signals. Mrs. Brenda Tworoger, property owner, stated she appreciated Council's consideration of the project and requested approval. In the absence of Mayor Lewis, who temporarily left the dais at 7:54 p.m., Mayor Pro Tem Kulchin opened the duly noticed Public Hearing at 7:55 p.m. Mayor Lewis returned to the dais at 7:58 p.m. The following individuals spoke in opposition to the proposed project, citing concerns with traffic, noise, high density zoning, air pollution, and the potential "big box" store. Pat Bleha, representing North County Advocates. Walt Meier David Calder Leif Gibson Marlene Beard Liz Krudenier Mike Welch David Harrison Valerie Rubins Russell Kurtz Don Burton John Burleson Tom Christ Maya Marangos Barbara Tice Patrick Gravitt Ron Dechter Nancy Curry Dolores Welty Joe Curley Francis Ryglewisz Jim Miller Sheila Cameron Fred Sandquist Richard Palanco Rocco Palanco Diane Nygaard Jim Mesra Eleanor Arkins Howard Krauz The following individuals spoke in support of the proposed project: Mike Mewborn Kathy Dawson Andy Lee Sherry Chestnut Bonnie Diamond Kurt Bevaqua Eleanor Arkins Pheng Tan August 11, 2009 Carlsbad City Council Meeting Page 8 Alan Reece of Carlsbad came forward and spoke in opposition of the project. He presented two photos of the current site (on file in the Office of the City Clerk). Mr. Reece said he was concerned about the high density zoning of the project and would like to see the neighborhood maintain its current consistency. Paul Marangos of Carlsbad came forward to address Council. Mr. Marangos spoke in opposition to the project and gave Council a PowerPoint Presentation (on file in the Office of the City Clerk) citing his concerns with pedestrian traffic. Bruce Ehlers of Carlsbad also spoke in opposition to the project and presented a PowerPoint Presentation (on file in the Office of the City Clerk), expressing his concerns with the potential "big box" store. Jerry Harmon, representing TRIP (Traffic Relief is Possible), came forward to address Council. Mr. Harmon said that this project could qualify as a regional transportation project and would like to see the Council develop a Nexis Study to determine the true costs of the traffic impacts to the City. Mr. Harmon also encouraged Carlsbad to challenge the State on the concept that cities are required to provide a certain amount of low-cost housing. Mayor Lewis closed the Public Hearing at 9:47 p.m. In response to an inquiry from Mayor Lewis, Mr. Lynch said the proposed drive-thrus are associated with a drugstore or financial institution, and that the City prohibits food service drive thrus. Mayor Lewis asked if the project will be constructed in phases. Mr. O'Day responded that the project could be phased. He added that it would take two years at the earliest to construct the buildings on the commercial site and possibly three or four years to build the entire project. In response to an inquiry from Mayor Pro Tern Kulchin, Mr. Van Peski responded that the City conducts traffic monitoring annually in July, for the Growth Management Plan. He added the overall counts are usually higher because students are not in school and due to the increased number of tourists in the area. Mayor Pro Tem Kulchin asked staff about residents' concerns about delivery trucks. Mr. Lynch replied that no restricted hours of operation have been placed on the project, there are noise attenuation walls in the loading areas, and air quality limits the idle times for vehicles. He added that delivery time limits could be placed on the project. Council Member Blackburn asked if the project was required to use reclaimed water. Mr. Van Peski responded that the project is served by the Olivenhain Municipal Water District. The project has reclaimed water planned for all construction activities and for areas such as landscaping where there is no public contact.