HomeMy WebLinkAbout2009-08-18; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: AUGUST 18, 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 City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Blackburn.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis gave the legislative invocation.
PLEDGE OF ALLEGIANCE:
Council Member Blackburn led the Pledge of Allegiance.
CONSENT CALENDAR:
Item No. 2 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Item # 1 and Items # 3 through # 8 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #19.938 -APPROVE AGREEMENT FOR PAVEMENT MANAGEMENT PROGRAM
UPDATE.
Council adopted RESOLUTION NO. 2009-214. approving the agreement with
Infrastructure Management Services for the Pavement Management Program
Update, Project No. 6001.
2. AB #19.939-ACCEPT DONATION TO CARRILLO RANCH FUND.
This item was pulled for discussion.
3. AB #19.940 - AUTHORIZE APPLICATION FOR GRANT FUNDS FOR COMMUNITY
EMERGENCY RESPONSE TEAMS.
Council adopted RESOLUTION NO. 2009-216. authorizing the Carlsbad Fire
Department to apply for the San Diego Gas and Electric (SDG&E) mini-grant
program for the Community Emergency Response Team (CERT) Program.
August 18, 2009 Carlsbad City Council Meeting Page 2
4. AB #19.941 - MODIFICATION TO THE MANAGEMENT COMPENSATION AND
BENEFITS PLAN.
Council adopted RESOLUTION NO. 2009-217. modifying the Health Benefits of the
Management Compensation and Benefits Plan.
5. AB #19.942 -AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEMS
PARTICIPATING AGENCY AGREEMENT.
Council adopted RESOLUTION NO. 2009-218. approving an amendment for a
three-year extension of the Regional Communications Systems Participating Agency
Agreement.
6. AB #19.952 -APPROVE SECOND AMENDED AND RESTATED JOINT EXERCISE
OF POWERS AGREEMENT FOR NORTH COUNTY DISPATCH JOINT POWERS
AUTHORITY.
Council adopted RESOLUTION NO. 2009-223. approving the Second Amended
and Restated Joint Exercise of Powers Agreement for North County Dispatch Joint
Powers Authority for fire dispatch services.
7. AB #19.943 - REFUND OF BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2009-219. authorizing a refund of the business
license tax to Citigroup Global Markets.
8. AB #19.944 -AUTHORIZE APPLICATION FOR POLICE CANINE GRANT.
Council adopted RESOLUTION NO. 2009-220. authorizing the City Manager to
execute the grant application for the San Diego Police Foundation K-9 Assistance
Project for funding to replace a retiring police canine.
DISCUSSION OF CONSENT CALENDAR ITEM:
2. AB #19.939 -ACCEPT DONATION TO CARRILLO RANCH FUND.
Tony Carter and Joan Kindle came forward to address Council. Mr. Carter and Mrs. Kindle
expressed appreciate to Council for accepting the donation to fund the Friday Night Film
Festival at Leo Carrillo Ranch.
ACTION: On a motion by Mayor Pro Tern Kulchin, council adopted
RESOLUTION NO. 2009-215. accepting a cash donation to the
Carrillo Ranch Fund to be used towards the Friday Night Film Festival;
and, authorizing the appropriation of the donated funds.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
August 18, 2009 Carlsbad City Council Meeting Page 3
ORDINANCES FOR ADOPTION:
9. AB #19.936 -AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS
REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-046. amending the Carlsbad Municipal Code by
adding Section 3.28.085 regarding Design Build Contracts; and,
Adopting ORDINANCE NO. CS-047. amending Section 3.28.130 of
the Carlsbad Municipal Code regarding Prevailing Wages.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
10. AB #19.937 - 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 adopted
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.
11. AB #19.945 - ESTABLISH STOP CONTROL ON DAVIS AVENUE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
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.
August 18, 2009 Carlsbad City Council Meeting Page 4
12. AB #19.948 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-050. 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.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
No public comment was presented.
PUBLIC HEARING:
Continued from the Council Meeting held August 11, 2009.
13. AB #19.935 - LA COSTA TOWN SQUARE.
This item was heard at the end of the meeting.
14. AB #19.946 - MADISON SQUARE AMENDMENT.
Assistant Planner Austin Silva reviewed a PowerPoint Presentation (on file in the Office of
the City Clerk).
In response to an inquiry from Council Member Packard, Mr. Silva stated that the
construction work had been completed prior to obtaining Council approval of the revisions.
He further explained that the City would not penalize the developer for moving forward
without permission; however, he stated that if Council did not approve the revisions, the
developer would have to remove the revisions from the property at the expense of the
owner.
The following individuals spoke in support of amending the Major Redevelopment Permit:
Frank Chavez, project General Contractor; and Judson Pittin, project Architect.
Mr. Silva stated that a letter expressing opposition to the project was received from Richard
and Evelyn Madama, (on file in the Office of the City Clerk).
Council discussion ensued regarding open space requirements and parking.
Mayor Lewis opened the duly noticed Public Hearing at 6:28 p.m.
August 18, 2009 Carlsbad City Council Meeting PageS
Dolores Welty, Encinitas, came forward to address Council. Mrs. Welty spoke about open
space requirements and requested maps of Carlsbad's open spaces.
Housing and Redevelopment Director Debbie Fountain came forward to address Council
regarding parking and open space issues. Ms. Fountain stated that this project does meet
all requirements for the Village area.
Mayor Lewis closed the Public Hearing at 6:37 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2009-221. amending Major Redevelopment Permit
(RP 04-24) to allow revisions to the exterior elevations of a previously
approved 4-unit residential condominium project on the property
located at 2737 Madison Street.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
15. AB #19.947 -AMENDMENT NO. 1 TO THE CARLSBAD TRANSNET LOCAL STREET
IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2009-2013.
Senior Civil Engineer Marshall Plantz reviewed a PowerPoint Presentation (on file in the
Office of the City Clerk).
Mayor Lewis opened the duly noticed Public Hearing at 6:41 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:41 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2009-222. approving Amendment No. 1 to the
Carlsbad Transnet Local Street Improvement Program of Projects as
approved on July 17, 2008, for local road projects which include
funding from Federal, State and Transnet Sales Tax monies received
in the next five years.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND
CARLSBAD MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal
Water District at 6:42 p.m. with five Council Members present.
August 18,2009 Carlsbad City Council Meeting Page 6
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Special Meeting of the City Council and Housing and
Redevelopment Commission and reconvened the City Council Meeting at 7:04 p.m. with
five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
20. AB #19.949 - SANDAG 2050 REGIONAL GROWTH FORECAST.
Council concurred to continue this item to a date to be determined.
Continued from the Council Meeting held August 4, 2009.
21. AB #19.950 - LIBRARY BOARD OF TRUSTEES APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2009-204. reappointing Bill Lignante to the Library Board of Trustees.
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 7:10 p.m. with five Council Members
present.
Continued from the Council Meeting held August 11, 2009.
13. AB #19.935 - LA COSTA TOWN SQUARE.
This item was heard out of order.
City Attorney Ron Ball stated that the developer for this project submitted changes to the
project reducing the density from Residential High to Residential Medium High single family
attached homes; and noted that provisions in the CC&Rs would prohibit stores larger than
150,000 square feet. Mr. Ball also referred to a memo submitted to Council regarding his
recommendations (both documents are on file in the Office of the City Clerk).
Senior Planner Van Lynch and Senior Civil Engineer Glen Van Peski reviewed a
PowerPoint Presentation (on file in the Office of the City Clerk).
Council discussion ensued regarding affordable housing mandates by the State of
California, and density levels of the residential element.
Pat O'Day, project developer, came forward to address Council. Mr. O'Day stated that he would
accept the decision made by Council regarding changes to the project.
Mayor Lewis opened the duly noticed Public Hearing at 7:40 p.m.
August 18, 2009 Carlsbad City Council Meeting Page 7
The following individuals spoke in opposition to the La Costa Town Square project:
Don Burton
Bruce Ehlers
Pat Bleha
Paul Marangos
Fred Freeman
Ron Dechter
Naomi Alter
Frances Ryglewisz
Evelyn Montalbano
Dolores Welty
Fred Sandquist
Barbara Elizabeth Tice
Jim Mezra
Dave Calder
Ellis Diamond
Nancy Curry, also submitted a letter to Council (on file in the Office of the City Clerk)
Diane Nygaard, representing Preserve Calavera, came forward to address Council. Ms.
Nygaard stated that she opposed the shopping center portion of the project because of
the increase in traffic. However, Ms. Nygaard stated that she is in favor of the housing
element as originally proposed.
Mayor Lewis closed the Public Hearing at 8:20 p.m.
Council discussion ensued regarding the traffic study. Traffic Signal Systems Engineer
Doug Bilse answered questions regarding the traffic study and stated that the traffic
study meets industry standards.
Mayor Pro Tern Kulchin and Council Members Packard and Blackburn disclosed that
they individually visited the project site and spoke with residents but did not learn
anything different than what was presented at the meeting.
RECESS:
Mayor Lewis declared a recess at 8:33 p.m.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis reconvened the Council Meeting at 8:44 p.m. with five Council Members
present.
Council discussion ensued regarding residential density and square footage
requirements for the shopping center.
City Attorney Ron Ball titled the Ordinance.
August 18, 2009
ACTION:
Carlsbad City Council Meeting PageS
On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-051, amended with the following special
conditions: "To the extent permitted by all applicable laws, Owner
shall include in its CC&Rs a prohibition on entering into a lease with
any tenant which requires more than 100,000 square feet, allocates
more than 10% of the floor space to non-taxable items and offers more
than 30,000 separate stock-keeping units or such other lesser amount
as typically offered by big box retailers; and prior to the execution of
any such lease described above, the matter shall be returned to the
City Council for consideration of an amendment of this Condition;"
and, reducing the housing element from Residential High Density to
Residential Medium Density for single family dwellings; and,
Council adopted RESOLUTION 2009-213. certifying an
Environmental Impact Report, including the approval of Candidate
Findings of Fact, a Statement of Overriding Considerations, and a
Mitigation Monitoring and Reporting Program and a General Plan
Amendment, Master Plan Amendment, Local Facilities
Management Plan Amendment, three Carlsbad Tract Maps, a
Condominium Permit, a Non-Residential Planned Development
Permit, a Hillside Development Permit, a Site Development Plan, a
Variance, and eight Conditional Use Permits, for the development
of an 83.07 acre site with a 284,400 square foot community
shopping center, 55,000 square foot office project, 64 single family
lot subdivision, and a multi-family residential site all located
northerly and easterly of the La Costa Avenue and Rancho Santa
Fe Road intersection. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-
11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-
05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-
02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
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.
August 18, 2009 Carlsbad City Council Meeting Page 9
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to attend,
and may be participating in the following events:
Wednesday, August 19, 2009 -11 a.m.
Carlsbad City Council Study Session
Faraday Administration Center
1635 Faraday Avenue
Carlsbad, California
Sunday, August 23, 2009 - 3 p.m.
Habitat for Humanity House Dedication Ceremony
2578 Roosevelt Street
Carlsbad, California
Thursday, August 27, 2009 - 5 p.m.
Carlsbad City Library Learning Center One-Year Anniversary Event
3368 Eureka Place
Carlsbad, California
Friday, August 28, 2009 -11 a.m.
Carlsbad Chamber of Commerce State of the City Event
Four Seasons Resort Aviara
7100 Four Seasons Point
Carlsbad, California
Saturday, August 29, 2009 - 5 p.m.
Boys & Girls Clubs of Carlsbad's Annual Gala
Four Seasons Resort Aviara
7100 Four Seasons Point
Carlsbad, California
Monday, August 31, 2009 - 6 p.m.
City of Carlsbad State of the City Video Presentation
Carlsbad City Library - Schulman Auditorium
1775 Dove Lane
Carlsbad, California
Wednesday, September 2, 2009 - 4:30 p.m.
Lt. Don Rawson Retirement Event
Carlsbad Public Safety and Service Center
2560 Orion Way
Carlsbad, California
Thursday, September 10,2009 - 5:30 p.m.
Carlsbad Citizens' Academy Fall 2009 Kickoff
1200 Carlsbad Village Drive
Carlsbad, California
August 18, 2009 Carlsbad City Council Meeting Page 10
ADJOURNMENT:
By proper motion, the Regular Meeting of August 18, 2009 was adjourned at 9:08 p.m.
^ rt __.LORRAINE M. WOOD, CMC
City Clerk
MORGEN FRY
Deputy Clerk