HomeMy WebLinkAbout2001-10-23; City Council; MinutesMINUTES
MEETING OF :CITY COUNCIL (Regular Meeting)
DATE OF MEETING:October 23,200l
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, Finnila, Nygaard
Absent:None.
ANNOUNCEMENT OF CLOSED SESSION ITEMS:
and Hall.
Mayor Lewis announced the following Closed Session actions:
1. GOVERNMENT CODE SECTION 54956.8: Council discussed the potential
acquisition of real property and instructed the City Attorney and its negotiators in the
best interests of the City.
2. GOVERNMENT CODE SECTION 54956.9(a): Council discussed one case of
pending litigation and voted unanimously to authorize the City Attorney to file an
appeal in that case to the Fourth District Court of Appeal. The thrust of the case is to
determine the final compensation for the acquisition of real property interests for the
Poinsettia Road Extension Project.
ANNOUNCEMENTS
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Wednesday, October 24,200l - IO:00 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center, Room 173A
Carlsbad, California
Wednesday, October 24,200l - 6:00 p.m.
Boards and Commissions Annual Appreciation Event
LEGOLAND
One LEGOLAND Drive
Carlsbad, California
October 23,200 1 CARLSBAD CITY COUNCIL Page 2
ANNOUNCEMENTS (CONTINUED)
Thursday, October 25, 2001 - 7:30 p.m.
Citizen’s Academy Graduation
Carlsbad Senior Center
799 Pine Avenue
Carlsbad, California
PRESENTATION:
Mayor Lewis presented a proclamation to Marva Bledsoe, representing the Women’s
Resource Center, declaring October, 2001, “Domestic Violence Awareness Month”.
CONSENT CALENDAR:
ACTION:On a motion by Council Member Kulchin, Council affirmed the action of
the Consent Calendar, Items #I and #2, as follows:
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1.AB # 16,398 - LEASE AGREEMENT FOR LIBRARY STORAGE NEEDS,
Council adopted RESOLUTION NO. 2001-321, approving the Lease Agreement with
Palomar #46 for the lease of space at 2075 Corte Del Nogal, Suite Q.
2.AB # 16,399 - RATIFICATION, AMENDMENT AND EXTENSION OF AGREEMENT
FOR ASSISTANCE WITH THE REPLACEMENT OF THE PUBLIC SAFETY
COMPUTER SYSTEM.
Council adopted RESOLUTION NO. 2001-322, approving the Ratification, Amendment
and Extension with Innovative Technologies Ltd. for consulting services to assist with
the replacement of the City’s Public Safety Computer System.
PUBLIC COMMENTS:
Jim Whittaker, 4742 Inverness Court, spoke in support of installing a bowling green on the
Pine School Property.
PUBLIC HEARING:
3.AB #16,400 - EIR 9%071GPA Q%Ol/MP 149(Q)/MP Q&Ol/LFMP lO/LFMP 11 (B)/CT
QQ-03/HDP QQ-Ol/CT QQ-04/PUD 01-08/HDP 99-02 - VILLAGES OF LA COSTA
Citing a potential conflict of interest, Council Member Kulchin left the meeting at 6:07 p.m.
October 23,200 1 CARLSBAD CITY COUNCIL Page 3
Mayor Lewis announced that public testimony was accepted last week.He said tonight,
Council will hear from staff regarding questions that were raised by the public and then
deliberate on issues.
Don Neu, Principal Planner; Clyde Wickham, Associate Engineer; Carrie Loya-Smalley,
Senior Civil Engineer; Mike Smith, Acting Fire Chief; and, Tracy Zinn, of TMP Planning,
addressed each concern and answered each question raised during the public testimony
regarding this agenda item at the October 16, 2001 Council Meeting.In response to public
testimony, the following topics were addressed:
Public Noticing Process Comments
Lagoons Schools
EIR and CEQA Process Ranch0 Sante Fe Road
Oak Trees located on the Noise
Quality of Life
Traffic, Circulation and l-5
Congestion
Emergency Response
Biology and wildlife
site
Ooen Seace Trails
connectivity
Skateboarders
Cultural Resources 1 Water Quality, Desiltation Basins 1 Land Use
Grading and modifications
to qrade hillsides
The Permitting Process
that prevent erosion and NPDES
Growth Management and Visual Impacts
Facilities
John Keeting, with the Traffic Consulting Firm of Linscott, Law and Greenspan, San Diego,
discussed regional traffic impacts. He described the SANDAG 2020 model and said that
1,200 trips per day is the impact this project will have on l-5, which is a minor impact. Mr.
Keeting described CAL-TRANS’ future improvement plans for l-5 and said that SANDAG is
looking at ‘Smart Growth” as a regional solution to traffic. In response to Council, Mr.
Keeting said that availability of funding for the improvements for l-5 would determine the
timing of the improvements to the freeway.
In response to Council, Clyde Wickham, Associate Engineer, said that the proposed
Villages of La Costa would be build out in approximately ten years. He said that this
proposed project has exceeded the City’s Growth Management Program Standards.
Elizabeth Cobb, of RBF Consulting, discussed traffic and said their figures were based on
SANDAG’s guidelines, which RBF Consulting further refined. She explained that adjoining
jurisdictions provided their input to the traffic model.
Mr. Wickham explained that data for over 300 development projects in other jurisdictions
were included in the Villages of La Costa traffic studies. He discussed several Carlsbad
streets that cross into other cities.
Mayor Lewis spoke of the importance of prohibiting skateboarders in the open space areas
of this project.
October 23,200 1 CARLSBAD CITY COUNCIL Page 4
RECESS
Mayor Lewis declared a recess at 8:05 p.m. Council reconvened at 8:lO p.m. with all
members present except Council Member Kulchin.
Don Neu, Principal Planner; Clyde Wickham, Associate Engineer; Carrie Loya-Smalley,
Senior Civil Engineer; Mike Smith, Acting Fire Chief; and, Tracy Zinn, TMP Planning,
continued addressing questions and concerns raised last week during the public testimony.
Mr. Neu reviewed his and Mr. Wickham’s memo to Council dated October 23, 2001 (on file
in the Office of the City Clerk). The memo contained recommended changes to Resolution
No. 2001-318 and to CEQA Candidate Findings regarding archaeological mitigation
measures.
In response to Council Member Nygaard, Mr. Neu explained that if one of the Villages’
density was coming in low, then the developer could request a shifting of the density to
another location within the same Village. The request to transfer units would be presented
to the Planning Commission and Council for approval. Mr. Neu said shifting of units is not
allowed by right on this project.
In response to Council Member Finnila, Ron Ball, City Attorney, said Council needs to
exercise its discretion in light of the facts presented. He said that Council can not legally
deny all economic use of the developer’s land without appropriate compensation to the
developer. Mr. Ball said that Council may deny the project and provide alternatives. The
project could then be reprocessed and would return to Council.
Mayor Lewis said that ample opportunity had been provided to address Council on this
agenda item. He discussed regional and local traffic issues. Mayor Lewis said that growth
can not be stopped; however, it can be managed, and that is what Council is attempting to
do.
Council Member Hall agreed that growth can not be stopped. He noted that the developer
on this project will spend $70 million to build the infrastructure, prior to any homes being
built. Council Member Hall asked that the project be conditioned upon the following:
1.Installing traffic signal at Alga Road and Estrella De Mar Road
2.Placing a note on the Villages of La Costa map stating that the MAG Property is
commercially zoned.
3.Relocating the Oak trees on the site.
Council Member Hall spoke in support of the Villages at La Costa and said the proposed
development has exceeded every City standard and requirement. He encouraged staff to
place lengthy EIR’s on CD’s for the public’s use.
Council Member Nygaard said staff had done a good job addressing questions and
concerns expressed by last week’s speakers.She spoke of the importance of balance
between development and open space and said this project achieves a good balance.
Council Member Nygaard noted that the project is facilities driven and the new development
October 23,200 1 CAFUSBAD CITY COUNCIL Page 5
will pay its own way. Council Member Nygaard also noted that the infrastructure installed
by this project will be of benefit to the entire community. Council Member Nygaard said that
this project will have 2.9 dwelling units per the net acre and said she supports the Villages
at La Costa.
Council Member Finnila spoke in support of this project and noted that all of the City’s
regulations and standards have been exceeded.
ACTION:On a motion by Council Member Finnila, Council adopted RESOLUTION NO.
2001-318, Certifying Program Environmental Impact Report 98-07, Approving
Candidate Findings of Fact, the Statement of Overriding Considerations and
the Mitigation Monitoring and Reporting Program, and Approving a General
Plan Amendment, La Costa Master Plan Amendment, Villages of La Costa
Master Plan, Local Facilities Management Plan for Zone IO, Local Facilities
Management Plan Amendment for Zone 11, Master Tentative Map and
Hillside Development Permit for the Greens, and a Master Tentative Map,
Planned Unit Development Permit, and a Hillside Development Permit for the
Ridge and the Oaks for the Villages of La Costa Project on 1,866.4 Acres
Generally Located 2,500 Feet South of Palomar Airport Road, East of El
Camino Real, North and East of La Costa Avenue, and Straddling Portions of
Ranch0 Santa Fe Road in the Southeast Quadrant within Local Facilities
Management Zones IO and 1 I ;
And,
That the memo dated October 23,200l from Don Neu and Clyde Wickham to
the City Council be incorporated into Resolution No. 2001-318 regarding
mitigation measures, archaeological resource impacts and an expanded
buffer between the western boundary of Neighborhood 3.15 and the homes
on the east side of Calle Gavanzo;
And,
That the following requirements be placed on the project:
I.A traffic signal will be installed at Alga Road and Estrella De Mar Road.
2.A note will be placed on the Villages of La Costa map stating that the
MAG Property is commercially zoned.
3.Relocate the Oak trees on the site.
And,
Council introduced ORDINANCE NO. NS-604, amending the La Costa Master
Plan by the Deletion of Various Sections Referring to the Northwest,
Rancheros, and Portions of the Southeast to Remove Those Areas From the
Master Plan on Approximately 1,866.4 Acres Generally Located South of
Palomar Airport Road;
And,
October 23,200 1 CARLSBAD CITY COUNCIL Page 6
Council introduced ORDINANCE NO. NS-605, Approving The Villages of La
Costa Master Plan, MP 98-01 on Approximately 1,866.4 Acres Generally
Located South of Palomar Airport, East of El Camino Real, North and East of
La Costa Avenue, and Straddling portions of Ranch0 Santa Fe Road in Local
Facilities Management Zones 10 and 11.
AYES:Lewis, Finnila, Nygaard, and Hall.
NOES:None.
ABSENT:Kulchin.
RECESS
Mayor Lewis declared a recess at 9:20 p.m. Council reconvened at 9:25 p.m. with all
Council Members present.
PUBLIC HEARINGS (continued1
4.AB #16,404 - ZCA OO-04/LCPA OO-07/MCA 01-01 - SIGN ORDINANCE AND SIGN
CODE AMENDMENT.
DEPARTMENTAL AND CITY MANAGER REPORT:
6.AB #16,406 - MUNICIPAL CODE AMENDMENT REGARDING SIGNS ON PARKED
VEHICLES (MCA 01-04)
Chris Decerbo, Principal Planner, presented the staff report for AB #16,404.
Mr. Decerbo explained that staff is continuing work on the subsequent tasks, such as how
other jurisdictions have addressed banners and directional signs issues.
Mr. Decerbo said that staff is recommending that existing pole signs be allowed to remain in
place.
Discussion ensued regarding advertisements on busses. Mr. Decerbo explained that
busses are not considered billboards and are exempt from the sign ordinance because a
busses’ main purpose is transportation. Ron Ball, City Attorney, also noted that the North
County Transit District is a separate legal entity and advertising on busses is beyond the
city’s control.
Council Member Finnila said that in Section 11 there is one correction. “Use of public land
for banners.. . .I’should be changed to read, “Use of public property for banners...”
Mayor Lewis opened the duly notice public hearing at 9:47 p.m. and asked if anyone wished
to speak on this matter.
Jan Sobel, 5620 Paseo Del Norte, Suite #128, Carlsbad, CEO of the Carlsbad Chamber of
Commerce, said the Chamber of Commerce supports the proposed sign ordinance. She
spoke of the need for directional signs for historic cultural and points of interest signs.
October 23,200l CARLSBAD CITY COUNCIL Page 7
Gary Hill, 3289 Donna Drive, spoke of the need for directional signs for historic, cultural and
points of interest signs.He also said the lamppost banner program needs to be extended
to other areas of the city.
Shari West, spoke in support of the proposed sign ordinance. She spoke of the need for
directional signs and lamppost banners.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 9:54 p.m.
After discussion, Council concurred to direct staff to add to the subsequent task list the
issue of bus shelter advertisement. Council concurred that there should be a limited and
specific location on the shelter for advertising. Council also concurred that the property
owner of the land on which the bus shelter is located should be able to purchase the
advertising space for that particular bus shelter. Mayor Lewis requested that staff return
with a report on the bus shelter issue.
Council Member Hall reviewed and referred to the memo dated October 23, 2001 from the
Planning Department to the City Manager (on file in the Office of the City Clerk).Staff
explained that electrical maintenance could be done on non-conforming signs, provided that
the sign copy or size of the sign were not changed.
Council Member Hall requested that staff return to Council with a report regarding A-Frame
signs in the village redevelopment area and whether the regulations are too restrictive. He
noted that staff could return with a report after all sign ordinance issues have been
addressed. Mayor Lewis, Council Member Kulchin and Council Member Nygaard
concurred.Council Member Finnila said she would not support such direction to staff,
because she continues to be opposed to A-Frame signs.
Council Member Kulchin said that the subsequent tasks should be sent to the Citizen’s
Committee for review upon completion of staffs work. Council Member Hall said he could
support this action.
Ray Patchett, City Manager, said that if this is Council’s desire, he recommends that the
subsequent tasks be presented to Council before being presented to the Citizen’s
Committee.The subsequent tasks would then be presented to Council for final action.
Council Member Finnila, Council Member Nygaard and Mayor Lewis agreed with Mr.
Patchett’s recommendation.
Michael Holzmiller, Planning Director, said that Item 6 (AB #16,406) is a companion item to
this agenda item. He requested Council to combine the two items and take action
simultaneously. Council concurred.
Ron Ball, City Attorney, noted that a clause should be added to Ordinance No. NS-606
stating that when Ordinance No. NS-606 becomes effective, the interim ordinance shall be
repealed. Council concurred.
October 23,200l CARLSBAD CITY COUNCIL Page 8
ACTION:On a motion by Council Member Kulchin, Council introduced ORDINANCE
NO. NS-606, Repealing and Reenacting the Sign Ordinance, Title 21, Chapter
21.41 of the Carlsbad Municipal Code to Comply with Current Constitutional
Case Law and to Clarify the Ordinance; and,
That a clause be added to Ordinance No. NS-606 stating that upon adoption,
the interim ordinance shall be repealed; and,
Council introduced ORDINANCE NO. NS-607, Repealing the Sign Code, Title
18, Chapter 18.20 of the Carlsbad Municipal Code; and
Council adopted RESOLUTION NO. 2001-323, Adopting a Negative
Declaration and Approving Zone Code Amendment and Local Coastal
Program Amendment, to Repeal and Reenact the Sign Ordinance, Title 21,
Chapter 21.41; Repeal of the Sign Code, Chapter 18.20 of the Carlsbad
Municipal Code to Comply with Current Constitutional Case Law; to Clarify the
Sign Ordinance to Make it User Friendly; and Adopting Council Policy No. 65
- Signs on Public Property; and
Council introduced ORDINANCE NO. NS-608, Repealing a portion of Title IO,
Chapter 10.40, Section 10.40.015 of the Carlsbad Municipal Code; and,
That the issue of bus shelters be included in the subsequent task list; and,
That the subsequent task list be submitted to Council, then, if directed by
Council, forwarded to the Citizens Committee for review and then returned
back to Council for final approval.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at IO:15 p.m. with
all Board Members present.
RECONVENE TO THE CARLSBAD CITY COUNCIL MEETING
President Lewis adjourned to the remainder of the City Council Meeting at IO:16 p.m. with
all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
5.AB #16,405 -APPEAL OF DETERMINATION OF NONCOMPLIANCE FOR 3627
TERRACE PLACE.
Council concurred with staff’s request to continue this item to November 6, 2001.
October 23,200l CARLSBAD CITY COUNCIL Page 9
6.A6 #16,406 - MUNICIPAL CODE AMENDMENT REGARDING SIGNS ON PARKED
VEHICLES MCA 01-04.
Ordinance No. NS-608 was introduced. See AB #16,404 for complete action.
7.AB #16,408 - REQUEST FOR PUBLIC HEARING FOR LOCAL LAW ENFORCEMENT
BLOCK GRANT FUNDING.
ACTION:On a motion by Council Member Kulchin, Council scheduled a public hearing
for this item on November 13, 2001.
AYES:Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES:None.
8.AB #16,407 -AGREEMENT WITH THE CARLSBAD CONVENTION AND VISITOR’S
BUREAU.
ACTION:On a motion by Council Member Kulchin, Council adopted RESOLUTION NO.
2001-325, Authorizing the Mayor to Execute an Agreement with the Carlsbad
Convention and Visitors Bureau, and Appropriating $21,000 from the
Contingency Account Available Balance.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of October 23, 2001, was adjourned at IO:18 p.m.
Janice Breitenfeld
Deputy City Clerk