HomeMy WebLinkAbout2010-08-24; City Council; Minutes (2)M I N U T E S
MEETING OF: THE CITY OF CARLSBAD CITY COUNCIL
DATE OF MEETING: August 24, 2010
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: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the Minutes of the following meeting were
approved as presented:
Minutes of the Regular Meeting held July 13, 2010.
Minutes of the Regular Meeting held July 20, 2010.
Minutes of the Regular Meeting held July 27, 2010.
PRESENTATIONS:
Council Member Packard presented proclamations recognizing Eagle Scouts Alex
Stepka and Jayce Smullen.
A donation from the Library and Arts Foundation was recognized by Council.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, the Council affirmed the
action of the Consent Calendar, Items # 1 through # 9 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 #20,332 – ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2010-207, accepting a donation from the
Carlsbad Library and Arts Foundation to be appropriated into the Library budget.
August 24, 2010 Carlsbad City Council Meeting Page 2
2. AB #20.333 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2010-208. accepting in-kind donations from
Eagle Scouts, Alex Stepka and Jace Mullen, in support of the Citywide Trails
Adopt-A-Trail Program.
3. AB #20,334 -AUTHORIZATION TO SUBMIT GRANT APPLICATION.
Council adopted RESOLUTION NO. 2010-209. authorizing the filing of an
application for sustainable Communities Planning Grant and Incentives Program
funds through the State of California Strategic Growth Council for the Barrio Area
Land Use Study.
4. AB #20.335 - AUTHORIZATION TO PURCHASE ONE REPLACEMENT TYPE I
STRUCTURE FIRE ENGINE.
Council adopted RESOLUTION NO. 2010-210, authorizing the purchase to
replace a Type I Structure Fire Engine from Seagrave, LLC.
5. AB #20,346 -APPROVAL OF UTILITY MAINTENANCE ACCESS EASEMENT.
Council adopted RESOLUTION NO. 2010-216, approving the utility maintenance
access easement located within the aquatic center driveway.
6. AB #20.336 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2010-211, accepting bids and awarding a
contract to Mark Sauer Construction Inc. for the Leo Carrillo Ranch Barn
Restoration, Project No. 45051.
7. AB #20,337 - APPROVAL OF INTERIM COMPENSATION FOR DEPUTY CITY
TREASURER.
Council adopted RESOLUTION NO. 2010-212. approving the establishment of
interim compensation for the Deputy City Treasurer while performing duties of
the City Treasurer.
8. AB #20.338 - REPORT ON INVESTMENTS.
Council accepted the City Treasurer's report on City Investments as of June 30,
2010.
9. AB #20,339 - REPORT ON INVESTMENTS.
Council accepted the City Treasurer's report on City Investments as of July 31,
2010.
PRESENTATION:
Council concurred to bring Item #16 on the agenda forward.
16. AB #20.347 - PRESENTATION REGARDING CARLSBAD RACEWAY.
The Moates family, of motorcycle racing fame, showed a video and requested
memorializing the former Carlsbad Raceway. The video is not on file at the City
Clerk's office.
August 24, 2010 Carlsbad City Council Meeting Page 3
ORDINANCES FOR INTRODUCTION:
10. AB #20.340 - ESTABLISH PRIMA FACIE SPEED LIMIT UPON FARADAY
AVENUE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-103. amending Title 10, Chapter
10.44 of the Carlsbad Municipal Code by the revision of
Section 10.44.320 establishing a 50 mile per hour prima
facie speed limit upon Faraday Avenue from Orion Street to
the east city limits.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
11. AB #20.341 - AMENDMENT TO CARLSBAD MUNICIPAL CODE TO RESTRICT
PARKING AT THE MONROE STREET POOL.
Parks Supervisor Carl Pope gave the staff report and PowerPoint presentation (on file in
the off ice of the City Clerk).
In response to questions from Council, Mr. Pope stated that he had spoken to the
principal and staff at Carlsbad High School regarding the changes and they do not
foresee any problems with the proposed changes.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-104. amending Title 10, Chapter
10.40 of the Carlsbad Municipal Code by the revision of
Section 10.40.076 to restrict parking to current users of the
Monroe Street Pool between the hours of 5 a.m. and 11 p.m.
in the Monroe Street Pool parking lot; and
ORDINANCE NO. CS-105. amending Title 1, Chapter 1 of
the Carlsbad Municipal Code by the revision of Section
1.08.020 authorizing the City Manager to deputize
employees to issue parking citations for violations of the
Monroe Street Pool parking lot.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
August 24, 2010 Carlsbad City Council Meeting Page 4
ORDINANCES FOR ADOPTION:
12. AB #20.342 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING
SPECIAL EVENTS AND THIRD PARTY VENDOR FEES.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-101: amending Chapter 8.17 of the
Carlsbad Municipal Code based on recent department and
organizational alignment to establish special event
application procedures and establish a third party vendor
fee, and establishing no parking/tow away areas at special
events.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
13. AB #20,343 - MISCELLANEOUS ZONE CODE AMENDMENTS TO UPDATE AND
CLARIFY THE TEXT OF VARIOUS SECTIONS OF THE CITY'S ZONING
ORDINANCE ZCA 07-02.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
ORDINANCE NO. CS-102, approving a Zone Code
Amendment for various and unrelated minor amendments to
the text of the City of Carlsbad's Zoning Ordinance that
apply citywide, to correct minor errors, and clarify and
update various sections to reflect current conditions.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None
PUBLIC COMMENT:
Neil Turner, Carlsbad, came forward to address the council expressing his appreciation
to the Mayor for 25 years of service, and reiterating his concern regarding election
fraud.
Policewatch.org briefly addressed the Council regarding issues before Council.
August 24, 2010 Carlsbad City Council Meeting Page 5
PUBLIC HEARING:
14. AB #20,344 - GENERAL COMMERCIAL AMENDMENT - PALOMAR COMMONS.
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in
the office of the City Clerk).
Following questions from Council, Traffic Signals Systems Engineer Doug Bilse
explained traffic volumes and impact on El Camino Real and Palomar Airport Road.
Senior Planner Van Lynch explained how the newly created commercial designation
filled a gap between two existing designations.
Colton Sudberry of Sudberry Properties, the applicant, gave a report and Powerpoint
presentation (on file in the office of the City Clerk).
Colton Sudberry addressed questions from Council regarding quality and volume of
water run off, the inclusion of bioswales on the property and underground retention
cells.
Following questions from Council, Traffic Engineer Andy Slafley of Urban Systems
Associates addressed issues of turning lanes and the new intersection at the Animal
Shelter.
Mayor Lewis opened the duly noticed Public Hearing at 7.27pm.
The following materials were presented to Council for the Public Hearing:
• Memorandum from City Planner Don Neu to City Manager Lisa Hildabrand dated
8/4/2010 re Palomar Commons Market Study - GPA 09-07
• Correspondence from Batiquitos Lagoon Foundation addressed to the Mayor and
Council members dated 8/4/2010, Subject: Comments on the proposed Palomar
Commons Project
• Correspondence from Carlsbad Watershed Network addressed to the Mayor and
City Council dated 8/4/2010, subject: Comments on Palomar Commons Project
Proposed Mitigated Negative Declaration
• Correspondence from La Costa Resort and Spa addressed to the Mayor and
Council members dated 8/10/2010, subject: Palomar Commons: GPA 09-07 and
related entitlements
• Two Emails from Diane Nygaard on behalf of Preserve Calavera addressed to
the Mayor and Council, both dated 8/16/2010, subject - Comments of Palomar
Commons MND
August 24, 2010 Carlsbad City Council Meeting Page 6
• Summary bullets from City staff, titled "Summary Points for the Proposed
General Commercial Land Use Designation"
• Correspondence received from the Law Offices of Everett L. DeLano III
addressed to the City Clerk dated 8/21/2010, subject: Palomar Commons
Project
• Email received from Bill Blank, Carlsbad resident, addressed to Council
members dated 8/23/2010, subject: Zoning at Palomar Airport Road and El
Camino Real - Palomar Commons/Lowe's
• Email received from Phil Rogul addressed to City Council dated 8/23/2010,
subject Palomar Commons/Lowes
• Correspondence from Lockwood Commercial Realty addressed to the Mayor and
Council Members (undated) re: Palomar Commons
• Correspondence from Friends of Aviara addressed to the Mayor and Council
members dated 8/24/2010 re: Palomar Commons Project
The following people came forward to address Council in favor of the project as
presented:
Mike Ballard, Carlsbad.
Jerry Trojan, Carlsbad.
Lauren Joniaux, Deputy Director, County Animal Services, Carlsbad.
Barbara Malone, Carlsbad.
Rob Doan, Carlsbad.
Dianne Maddox, Carlsbad.
Helene Trojan, Carlsbad.
Paul Wills, Carlsbad.
Wes Titano, Carlsbad.
Kip Kaiser, Carlsbad.
Gina McBride, Chairman of the Board, Carlsbad Chamber of Commerce.
David Lloyd, Oceanside, representing Agua Hedionda Lagoon Foundation.
Walt Meier, Carlsbad.
The following people came forward to address Council in opposition of the project as
presented:
Addison Azar, Carlsbad.
De-Ann Weimer, Carlsbad, on behalf of Friends of Aviara.
Pat Bleha, La Costa.
Victoria Scully, Carlsbad.
Marlene Beard, Escondido.
Jeannie Chapman, Carlsbad.
John Hoeflich, Carlsbad.
Shirley Russell, Carlsbad.
August 24, 2010 Carlsbad City Council Meeting Page 7
Ralph Williams addressed council and expressed his concerns about noticing of the
public hearing.
Fred Sandquist, on behalf of the Carlsbad Watershed Network and the Batiquitos
Lagoon Foundation, requested that Council delay their decision as he believes the
information received to date is inadequate.
Everett Delano, attorney representing Friends of Aviara, expressed his concern
regarding the General Plan amendment.
Howard Krause requested that Council separate Palomar Commons and the General
Plan amendment and consider them as two separate issues.
Chuck Curry, Property Manager, Landing Business Park, Carlsbad, stated that he was
not opposed to the project but had concerns regarding waterflow, flooding and retention
basins on the site and adjacent sites.
Jerome Roberts, Carlsbad, was not opposed to the project but expressed concern
about noticing.
Dianne Nygaard, on behalf of Preserve Calavera, requested that Council table the
project to allow for corrective action to preserve the existing creek and watershed.
Traffic Engineer Andy Slafley addressed traffic concerns as expressed by the public and
Council Members.
Perry Holliday, Site Development Manager for Lowe's answered questions regarding
typical peak hours for Lowe's.
Civil Engineer Greg Lang addressed the concerns regarding downstream water quality.
Bill Hoffman, Planning Consultant for the project, addressed issues that were raised
regarding the environment and mitigation measures.
City Planner Don Neu spoke about the criteria used by planning in bringing this item
forward, discussing EIR, CEQA, Mitigated Negative Declarations, technical studies,
noticing, the mitigation bank and drainage.
Mayor Lewis closed the Public Hearing and called for a 5 minute recess at 9.22pm.
The meeting reconvened at 9.27pm.
City Clerk Lorraine Wood explained that noticing met legal standards and had been
published in the newspaper and by mail within an adequate timeframe.
City Attorney Ron Ball explained that the General Plan Amendment consisted of two
separate items (1) the text, and (2) the plan, where there is only one parcel of land
being affected by this amendment. Any future parcels of land requiring a zone change
would have to go before Council.
August 24, 2010 Carlsbad City Council Meeting Pages
The City Council's adoption of GPA 04-03 creates a new General Plan Land Use
designation of General Commercial (GC) that is reflected in specific amendments to the
Land Use Element of the City's General Plan. Adoption of GPA 04-03, however, does
not on its own allow any other property in the City to develop pursuant to the new GC
designation. Rather, an additional amendment to the General Plan is needed in order
for specific property to be designated as GC in The General Plan. The City Council's
adoption of GPA 09-07 changes the General Plan Land Use designation of the
approximately 17 acres of land on which the Palomar Commons project will be
developed from Travel Recreation/Commercial and Planned Industrial to the new GC
designation. No other property in the City is affected by GPA 09-07 and no other
property in the City currently has a GC designation. In addition, no other property in the
City can be developed pursuant to the new GC designation unless another property
specific General Plan Amendment is applied for, the California Environmental Quality
Act is complied with, the required public notices given, the necessary public hearings
are held, and the City Council approves the General Plan Amendment.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin,
Council introduced ORDINANCE NO. CS-106,
amending section 21.05.030 of the Carlsbad
Municipal Code by an amendment to the
Zoning Map to grant a zone change, ZC 09-08,
from Tourist Commercial, Qualified
Development Overlay Zone (C-T-Q) and
Planned Industrial (P-l) to General
Commercial, Qualified Development Overlay
Zone (C-2-Q) on 16.65 acres generally located
at the southwest corner of Palomar Airport
Road and El Camino Real in Local Facilities
Management Zone 5.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-213. adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting
Program, and approving a General Plan Amendment to the
land use element of the General Plan to establish a new
General Plan land use designation of General Commercial
(GC).
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
August 24, 2010 Carlsbad City Council Meeting Page 9
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-214. adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting
Program and approving a General Plan amendment to the
land use element of the General Plan to change the land use
designation from Travel/Recreation Commercial (TR) and
Planned Industrial (PI) to General Commercial (GC) on a
16.65 acre site located at the southwest corner of Palomar
Airport Road and El Camino Real in Local Facilities
Management Zone 5.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL
WATER DISTRICT
Mayor Lewis adjourned the meeting of the Carlsbad City Council at 9.48pm.
RECONVENE CITY COUNCIL MEETING:
Mayor Lewis reconvened the Council Meeting at 9.49pm with all four Council Members
present.
DEPARTMENTAL AND CITY MANAGER REPORT:
17. AB #20.345 - CTBID APPOINTMENT
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-215. appointing Mark Stiebeling,
representing the Park Hyatt Aviara Resort, to the Carlsbad
Tourism Business Improvement District Board.
AYES: Lewis, Kulchin, Hall, Packard, Blackburn.
NOES: None.
August 24, 2010 Carlsbad City Council Meeting Page 10
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
ANNOUNCEMENTS:
Friday, August 27, 2010- 11a.m. - 1pm
State of the City Luncheon
Park Hyatt Aviara Resort
7100 Four Seasons Point
Carlsbad, CA
Friday, August 27, 2010, at 5 p.m.
Luau at the Lagoon
Carlsbad Aqua Farm
4600 Carlsbad Blvd.
Carlsbad, CA
Monday, August 30, 2010-6 p.m. - 7 p.m.
State of the City Video Presentation
Ruby G. Schulman Auditorium
1775 Dove Lane
Carlsbad, CA
ADJOURNMENT:
By proper motion, the Regular Meeting of August 24, 2010 was adjourned by Mayor
Lewis at 9.54 p.m.
LORRAIN^ M. WOOD, CMC
City Clerk
Donna Heraty
Minutes Clerk