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HomeMy WebLinkAbout2009-12-22; City Council; Minutes (3)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 22, 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 and Blackburn. Absent: Packard. 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 December 1, 2009. Minutes of the Regular Meeting held December 1, 2009. Minutes of the Joint Special Meeting held December 1, 2009. PRESENTATIONS: Council Member Hall presented a Retirement Proclamation to Barbara Nedros. Ms. Nedros thanked Council for the opportunity to work for the City of Carlsbad. Parks Planner Liz Ketabian gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk) recognizing sponsors of the Adopt-A-Trail Program. Ms. Ketabian acknowledged and presented certificates to corporate sponsors, Henry's Farmers Market for the Lake Calavera trails clean up event and Jimbo's Naturally for the La Costa Glen Trail Signage Project. She additionally recognized Eagle Scout Teagan Willes for his assistance with the La Costa Glen Trail Signage Project. CONSENT CALENDAR: Item No. 1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #2 through #10 as follows: AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. December 22, 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 #20.071 -ACCEPTANCE OF DONATION. This item was pulled for discussion. 2. AB #20.072 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-315. accepting a donation of in-kind products and services in support of the 2009 Pumpkin Plunge Special Event. 3. AB #20.073 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-316. accepting a donation in support of the Adopt-A-Trail Program. 4. AB #20.074 - AUTHORIZE OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2009-317. authorizing out-of-state travel for the Recreation Services Manager to attend the National Parks and Recreation Association Revenue Development and Management School, March 14-19, 2010 in Wheeling, West Virginia. 5. AB #20.075 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2009-318. accepting bids and awarding a contract to BertW. Salas, Inc., for the reconstruction of the Encinas Creek Bridge, City Project No. 3919. 6. AB #20.076 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2009-319. approving plans and specifications for the Palomar Airport Road Right Turn Lane to Melrose Drive Project; and, authorizing the City Clerk to advertise for bids, Project No. 6012. 7. AB #20.077 - APPROVE AGREEMENT FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT. Council adopted RESOLUTION NO. 2009-320. approving an agreement with Helix Environmental Planning, Inc. for the preparation of an Environmental Impact Report (EIR 09-02), approving an agreement with Plaza Camino Real for payment of the fees associated with the preparation of the EIR; and authorizing the City Manager to execute the agreements (SP 09-01/SDP 09-04/SUP 09-07). 8. AB #20.078 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2009-321. continuing the Declaration of Local Emergency for repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street, Project No. 6607. 9. AB #20.079 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on City Investments as of November 30, 2009. 10. AB #20.080 - REPORT OF SETTLEMENT AGREEMENT. Council accepted the report of the settlement agreement of Armenta et al V. James Jones Company. December 22, 2009 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEM: 1. AB #20.071 -ACCEPTANCE OF DONATION. Becky Moore, President of the Carlsbad Library Foundation, introduced Neal Black as the incoming Foundation President. Ms. Moore presented the City a check for $50,000 for the Carlsbad Leaning Center. She said the funds were provided from a naming opportunity at the Learning Center and from a mini-golf fund-raising event. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-314. accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. ORDINANCE FOR INTRODUCTION: 11 .AB #20.081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS. ROLLERBLADES. ROLLER SKATES. COASTERS. TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. City Attorney Ron Ball provided a brief explanation regarding the proposed amendment of the Ordinance relating to skateboarding in Carlsbad. He said that the amendment adds rollerblades, rollerskates and similar forms of transportation to the Ordinance. Mr. Ball also recommended that Council further amend sectionl0.58.020, to include that "when reference is made to the redevelopment zone, it is changed to the Village Review Zone or any successor zone." City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-073. amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation as amended to include that when reference is made to the redevelopment zone, it is changed to the Village Review Zone or any successor zone. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. December 22, 2009 Carlsbad City Council Meeting Page 4 ORDINANCESFOR ADOPTION: 12. AB #20.082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-071. amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 13.AB #20.083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-072. amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030- 11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. PUBLIC COMMENT: None was provided. Mayor Lewis requested and Council concurred to hear Item No. 17. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council and Housing and Redevelopment Commission at 6:23 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Lewis reconvened the Council Meeting at 6:50 p.m. with four Council Members present. December 22, 2009 Carlsbad City Council Meeting Page 5 PUBLIC HEARING: 14. AB #20.084 - 2005-2010 HOUSING ELEMENT. At the request of Mayor Lewis, City Attorney Ron Ball explained that the State requests cities to review their housing elements and accept a certain amount of growth throughout the region. He added that the State determines the growth local communities can accommodate and establishes a monitoring program. He further explained that the consequences of the City not approving the element could result in potential legal challenges and loss of financing. Senior Planner Scott Donnell gave the Staff Report and PowerPoint Presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 7:26 p.m. The following citizens came forward to address Council opposing the Housing Element's number of proposed units for the Buena Vista Creek Valley area, and asked for the preservation of El Salto Falls: Walt Meier Andrew Carsans Ann Hallock Wendy Himan Dennis Huckabay Karen Merrill Joan Brubaker Jay Claufenstein Svranti Prassa Shelley Hayes Carron Genivive Green Mary Ann Viney The following citizens came forward to address Council stating they were opposed to the number of planned units for the proposed "Pontebello" area of the Housing Element: Julie Leader Jeannie Chapman De Ann Weimer Richard Russell of Carlsbad came forward to address Council. Mr. Russell stated he was opposed to Council adopting the mitigated negative declaration portion of the Housing Element. Socorro Anderson of Carlsbad came forward to address Council. Ms. Anderson spoke in support of the Housing Element. Mel Vernon representing the San Luis Rey Band of Mission Indians came forward to address Council. Mr. Vernon spoke in opposition to the Housing Element. In response to an inquiry from Council Member Hall, Mr. Vernon stated that he has not seen the final reclamation plan of the Hanson Quarry, and it was difficult to determine the progression of the project. December 22, 2009 Carlsbad City Council Meeting Page 6 Carl Souza of Oceanside came forward to address Council. Mr. Souza expressed his concerns about MTBE and Benzine contaminants in the land and watershed from the Hanson Quarry. Don Christiansen of Carlsbad came forward to address Council. Mr. Christiansen gave a PowerPoint presentation (on file in the Office of the City Clerk). He spoke in opposition to the proposed number of units in the Buena Vista Creek Valley area of the Housing Element. Mr. Christiansen suggested that land owned by the Encina Wastewater Authority located across from the Poinsettia Coaster Station, be used towards meeting the density requirements of the Housing Element. Gary Nessim of Carlsbad came forward to address Council. Mr. Nessim spoke in opposition to the proposed number of units for the Buena Vista Creek Valley area to the Housing Element. He suggested that Council increase the density of housing in other areas of the city by 15% to cover the loss of density in this area. Ann Gunther of the Lightfoot Planning Group representing Hanson Aggregates came forward to address Council. She said that Hanson is responsible for reclamation of the property that would leave the land in a useable state as designated by the State. She added that Hanson is also conducting remediation of the property. She explained that the objective is to have clean soils and ground water on the site for use as designated by the City. Mayor Pro Tern Kulchin asked for detail regarding the remediation of the soil. Ms. Gunther stated soil tests have shown only a few areas contain contaminants. She added if the areas cannot be remediated on site, the contaminated soil could be removed. In response to an inquiry from Council Member Hall, Ms. Gunther explained that that the 1991 reclamation plan suggested rerouting the creek bed, however, the creek bed will remain in its current condition. She added that all of the recommended changes to the reclamation plan preserve the creek and falls. Brian Milich of McMillan Companies came forward to address Council. Mr. Milich spoke in support of the proposed changes to the Housing Element. Mr. Milich stated that El Salto Falls, the Buena Vista Creek and the historical resources of the site would be preserved. Kasey Cinciarelli of Carlsbad came forward to address Council. Ms. Cinciarelli spoke in opposition to the proposed changes of the Buena Vista Creek Valley area of the Housing Element. She asked that Council approve the Housing Element with the current number of units and direct staff to find another area in the City to add the required units. Mayor Lewis closed the Public Hearing at 9:00 p.m. RECESS. Mayor Lewis declared a recess at 9:00 p.m. December 22, 2009 Carlsbad City Council Meeting Page 7 RECONVENE CITY COUNCIL MEETING: Mayor Lewis reconvened the Council Meeting at 9:08 p.m. with four Council Members present. Council Member Blackburn asked about the zoning of 280 homes for the Buena Vista Creek Valley. Mr. Donnell said that the Housing Element focuses on the 100 acre of the site that has been quarried in the past, which would yield 165 units. Council Member Blackburn asked if more land would be used to build what is already zoned along with the suggested additions of the Housing Element. Mr. Donnell explained that the Housing Element states that 32 acres of 100 acre site should be designated as medium high to high density residential. In response to an inquiry from Council Member Blackburn about consideration of the Encina Waste Water parcel for the Housing Element, Mr. Donnell said the site was not identified because it is zoned as a planned industrial and office site. Council Member Blackburn asked Mr. Donnell to explain the consequences of approving the Housing Element at a later date. Mr. Donnell said that Senate Bill 575, established two deadlines. He explained that in order to avoid the review and adoption of two four-year housing elements beginning in 2012, cities are required to adopt their Housing Elements by March 31, 2010 and complete all necessary requirements of the adoption by June 30, 2010. He added that State law also states that once cities adopt their Housing Elements, the State Housing and Community Development Department has 90 days to make a certification determination. In response to an inquiry from Council Member Kulchin, Mr. Donnell stated that notices of the public hearing were mailed to various homeowners associations, large groups and by email. He explained that mailing the notice to residents within a 600 ft. radius was not required because the hearing was not about a specific project. City Attorney Ron Ball informed Council that the public hearing notice was published in the North County Times within the legal timeframe. Council Member Hall asked about high density zoning in the Village. Scott Donnell said Council previously adopted zoning in the Village at 35 units per aces. He added that the Housing Element proposes a program establishing a minimum of 28 units per acre in some areas. In response to an inquiry from Mayor Lewis, Mr. Donnell said the site selection for affordable housing in the four quadrants of the city was based on the General Plan that has established policies on where higher residential densities could be located. December 22, 2009 Carlsbad City Council Meeting Page 8 Mayor Lewis asked Mr. Donnell to respond to the suggestion to raise density 15% throughout the city to meet the requirements. Mr. Donnell said that there would be no value to raising the density of a lower designated area because the State will not see the increase. He explained that the State views minimum density as being necessary for homes to be affordable to those income groups. In response to an inquiry from Mayor Lewis, Mr. Donnell said that without an adopted Housing Element Carlsbad does not have the advantage of other cities in receiving grants from SANDAG. He explained that SANDAG awards points in its competitive grants process and Carlsbad has been bypassed on awards ranging $500,000 to $1 million because the Housing Element was not adopted. City Attorney Ron Ball clarified that without adoption of the Housing Element, a legal challenge could become difficult because the City does not have the presumption of validity of its General Plan. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-322. adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 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 9:37 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Lewis reconvened the Council Meeting at 9:40 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 15. AB #20.086 - COMMUNITY DEVELOPMENT BLOCK GRANT/HOME INVESTMENT PARTNERSHIP FUNDING ADVISORY COMMITTEE APPOINTMENTS. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-324. appointing Bobbie Smith, Brian Butchko and Joan Surridge to the Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for program year 2010-2011. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. December 22, 2009 Carlsbad City Council Meeting Page 9 16.AB #20.087 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-325. appointing Joyce Smith to the Historic Preservation Commisssion. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 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: Sherry Freisinger, Deputy Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, December 30, 2009 at 5:00 p.m. Marilyn Strong's Retirement Event The Crossings at Carlsbad Golf Course 5800 The Crossings Drive, Carlsbad ADJOURNMENT: By proper motion, the Regular Meeting of December 22, 2009 was adjourned at 9:42 p.m. LORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk