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HomeMy WebLinkAbout2001-11-06; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: NOVEMBER 6,200l TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Absent: Lewis, Kulchin, Finnila, Nygaard and Hall. None. INVOCATION Pastor Jim Givens, of New Life Church, offered the invocation. PLEDGE OF ALLEGIANCE. Council Member Finnila led the Pledge of Allegiance. Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming event: Wednesday, November 7 - 3:00 p.m. Carlsbad Chamber of Commerce Teach Grant Awards and Student Recognition Ceremony Carlsbad Library 1775 Dove Lane APPROVAL OF MINUTES: On a motion by Council Member Nygaard , Minutes of the following meetings were unanimously approved as presented (Council Member Kulchin abstained due to her absence on October 2nd and gth.): Minutes of the Regular Meeting of October 2, 2001 Minutes of the Regular Meeting of October 9, 2001 November 6,ZOOl CONSENT CALENDAR: Carlsbad City Council Meeting Page 2 ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #8, as follows: AYES: Lewis, Kulchin, Finnila, Nygaard and Hall, NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. 2. 3. 4. 5. 6. AB # 16.409 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the city’s investment portfolio as of September 30, 2001. AB #16,410 -ACCEPT BIDS AND AWARD CONTRACT FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL AT CARLSBAD VILLAGE DRIVE AND PONTIAC DRIVE PROJECT NO. 3847-l. Council adopted RESOLUTION NO. 2001-326, accepting the bid and awarding the contract for construction of the traffic signal at Carlsbad Village Drive and Pontiac Drive for Project No. 2847-l to Sutherlin Contracting, Inc. AB #16,411 -APPROVAL OF FINAL MAP OF ROESH PROPERTY - CT 98-19. Council adopted RESOLUTION NO. 2001-327, approving the final map for Carlsbad Tract 98-19, Roesch Property, and authorizing the City Clerk to process the final map for recordation. AB #16,412 - FUNDING REQUEST FOR SAN DIEGO REGIONAL COLD WEATHER SHELTER VOUCHER PROGRAM. Council adopted RESOLUTION NO. 2001-328, appropriating funds from the Housing Trust Fund as a contribution to the San Diego Regional Cold Weather Shelter Voucher Program and authorizing the City Manager to forward the contribution to the County of San Diego. AB #16,413 -ACCEPT BIDS AND AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF “REQUEST FOR SERVICES” HARDWARE AND SOFTWARE. Council adopted RESOLUTION NO. 2001-329, accepting the bid and awarding the contract for the purchase and installation of the Suite Response Enterprise System to JPHI America Inc. AB #16,414 -AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING. Council adopted RESOLUTION NO. 2001-330, authorizing the Mayor to execute Amendment No. 6 of the Professional Services Agreement with Dokken Engineering for the Ranch0 Santa Fe Road Realignment and Widening, Phase I, Project No. 3190. November 6,200l Carlsbad City Council Meeting Page 3 7. AB #16.415 -ACCEPT BIDS AND AWARD CONTRACT FOR PRINTING OF THE CARLSBAD COMMUNITY SERVICES BROCHURE. Council adopted RESOLUTION NO. 2001-331, accepting the bid, and awarding the contract for the printing of the Carlsbad Community Services Brochure to VIP Printing. 8. AB #16,416 -APPROVE AND AUTHORIZE THE ACQUISITION OF EASEMENTS FOR POINSETTIA LANE - PROJECT 3673. Council adopted RESOLUTION NO. 200%332,.approving and authorizing the acquisition of easements from the Arie De Jong, Jr. Family Trust for Poinsettia Lane, from Black Rail Road to just west of Ambrosia Lane, project No. 3673. ORDINANCES FOR ADOPTION: 9. AB #16,417 - MP 149 (Q) LA COSTA MASTER PLAN (VILLAGES OF LA COSTA). ACTION: On a motion by Council Member Nygaard, Council adopted 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. AYES: Lewis, Finnila, Nygaard, and Hall. NOES: None. ABSTAIN: Kulchin. 10. AB #16,418 - MP 98-01 THE VILLAGES OF LA COSTA MASTER PLAN. ACTION: On a motion by Council Member Nygaard, Council adopted 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 IO and 11. AYES: Lewis, Finnila, Nygaard, and Hall. NOES: None. ABSTAIN: Kulchin. 11. AB #16,419 - ZCA OO-04/LCPA 00-07 SIGN ORDINANCE. ACTION: On a motion by Council Member Kulchin, Council adopted 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. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. November 6,200l Carlsbad City Council Meeting 12. AB #16,420 - MCA 01-01 SIGN CODE AMENDMENT Page 4 ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-607, repealing the Sign Code, Title 18, Chapter 18.20 of the Carlsbad Municipal Code. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. . None. NOES: 13. AB #16,421 - MCA 01-04 REPEALING A PORTION OF THE CARLSBAD MUNICIPAL CODE ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-608, repealing a portion of Title IO, Chapter 10.40, Section 10.40.015 of the Carlsbad Municipal Code pertaining to stopping, standing or parking vehicles on city streets. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. PUBLIC COMMENT Bill Lignante, 2359 Terraza Ribera, said he was here to explain the intent of artist Paul Weber to present the artwork “America” to Council. He said the artwork is approximately 6 feet tall and 30 feet long. Mr. Lignante stated that a viable site would be necessary on which to locate the artwork, and suggested that the Split Pavilion property might be an appropriate location. In response to Council, Mr. Lignante said that installation of the artwork would take approximately 2-3 weeks and cost approximately $5,000 to $7,000. Mr. Lignante said maintenance would be minimal and he asked Council to agree to accept the artwork “America”. Mayor Lewis said that the donation of artwork should be presented to the Arts Commission for their recommendation. Council Member Finnila said she would like the Arts Commission to determine if this artwork would be placed permanently or on a temporary basis. Council concurred that the matter be referred to the Arts Commission for consideration. Laurie Boone, 3955 Skyline Road, said she was representing Margaret Brownley, who is 95 years old and could not be present tonight. Ms. Boone read from a statement prepared by Margaret Brownley expressing concern regarding a one home infill project on the corner of Tamarack and Sunnyhill, which was approved by the Planning Commission. The statement also expressed concern regarding standards that allow for loss of view, privacy and property values, questioned the project’s compatibility with the surrounding neighborhood, and requested a change or compromise in the project that was approved by the Planning Commission. Michael Holzmiller, Planning Director, briefly reviewed the existing requirements for infill sites and explained that they do not include view protection. November 6,200l Carlsbad City Council Meeting Page 5 Ron Ball, City Attorney, said the approval of the project, referred to in the statements read by Ms. Boone, has not been appealed to Council. PUBLIC HEARINGS: 14. AB #16,422 - CDBG/HOME PROGRAM FUNDING PLAN, APPLICATION REVIEW PROCESS AND REQUEST FOR PROPOSALS. Frank Boensch, Management Analyst, reviewed the staff report and made a Power Point Presentation (on file in the Office of the City Clerk) and explained the requested actions contained in the agenda bill. Mr. Boensch also explained the process for evaluating and scoring the applications for funding, how the funding is made available to applicants, and the process for requesting extensions. Council Member Finnila and Council Member Nygaard explained the recommended termination of the City Council CDBG/HOME Ad Hoc Committee, as their work on the program has been completed. . Council and staff discussion ensued regarding the rehabilitation program and Mr. Boensch explained HUD’s actions, if the City were close to exceeding the federal cap. However, Mr. Boensch said that staff carefully watches the cap and would bring the issue to Council prior to HUD’S contact. Mr. Boensch requested that CDBG/HOME Advisory Committee Members be selected to represent the following quadrants and commissions: Housing Commission, Planning Commission, Northwest Quadrant, Northeast Quadrant and Southwest Quadrant. Mayor Lewis said he would make a recommendation for an appointment from the Housing and the Planning Commission. He asked Council Member Nygaard to return with a recommendation for an appointment representing the Southwest Quadrant; Council Member Finnila to return with a recommendation for an appointment representing the Northeast Quadrant; and Council Member Hall to return with a recommendation for an appointment representing the Northwest Quadrant. Mayor Lewis opened the duly noticed public hearing at 6:42 p.m. and asked if anyone wished to speak on the matter in any way. Seeing no one wishing to speak, Mayor Lewis closed the public hearing at 6:42 p.m. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-333, accepting public comments and approving the 2002-2003 CDBG/HOME Program Funding Plan Strategy; approving the CDBGIHOME Application Review Process; Terminating an Agreement with the County of San Diego; and Authorizing Distribution of a Request for Proposals for the 2002-2003 CDBG/HOME Program; And, November 6,200l Carlsbad City Council Meeting Page 6 Determined that the City Council CDBGlHOME Ad Hoc Committee be terminated. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. Ron Ball, City Attorney, said that staff would schedule a future agenda item for Council to make appointments to the Advisory Committee. 15. AB #16,423 - GPA Ol-05/CDP 01-02 - PACIFICA PALOMAR OFFICE BUILDING. Van Lynch, Associate Planner, presented the staff report. In response to Council, he discussed architectural features of the building. He also said that the applicant has provided a geotechnical report demonstrating that the water table issues have been satisfactorily addressed. In response to Council, Pat Kelley, Principal Building Inspector, explained that Geotec Engineering had been retained to ensure that the geotechnical engineering is accomplished per code. In addition, Mr. Kelley said that City staff would also inspect the project. Mayor Lewis opened the duly notice public hearing at 7:07 p.m. and asked if anyone wished to speak on this matter in any way. Ali Shapouri, 16089 San Dieguito Road, Ranch0 Santa Fe, engineer on the project, described the efforts they have taken to address water table issues and said that they had retained two engineering specialty consultants. Mr. Shapouri said that the foundation is a web foundation design and that they feel it is the best approach for this project site. Mr. Shapouri said that extensive grading and erosion control studies have been done on this project site. Mr. Shapouri said they have been working with the wildlife agencies for over a year on this project. Regarding access to the project site, Mr. Shapouri said that the access will be made from the rear of the property and there will be no access from Palomar Airport Road. In response to Council, Mr. Shapouri said there would be a picnic area, trails and open space available for the employees. He also described architectural features of the building. Scott Cairns, Smith Consulting Architects, 12220 El Camino Real, San Diego, discussed the subterranean parking and answered Council’s questions regarding the architectural features and tree size. In response to Council, Mr. Lynch explained that the architectural design is not before Council this evening, and had been previously approved by the Planning Commission. Council concurred that the exhibit of the project presented to Council this evening is too small to visualize the final project product. Arthur Robinson, 1040 Andreasen Drive, Escondido, representing the owner of the immediate southeast parcel spoke in support of the project. He inquired about the traffic calculation and also if a location had been determined for the stream crossing. November 6,200l Carlsbad City Council Meeting Page 7 Bob Wojcik, Deputy City Engineer, said staff used the SANDAG average daily trip generation based on the type of building, use and square footage. Mr. Lynch responded that the bridge across the creek will be located at Laurel Tree Lane, on a site that is already disturbed. Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:ll p.m. In response to Council questions, Mr. Van Lynch described the size and type of the trees to be planted on the project. In response to Council inquiry, the applicant offered to accept a requirement that 12 foot Cypress trees be planted for exterior landscaping. In response to Council questions, Mr. Cairns described the florescent lighting of the underground parking garage. Council agreed to take a recess to review the map of the underground garage. RECESS Mayor Lewis declared a recess at 7:12 p.m. Council reconvened at 7:16 p.m. with all Council Members present. 15. AB #16,423 - GPA Ol-OS/CDP 01-02 - PACIFICA PALOMAR OFFICE BUILDING. (CONTINUED) Ron Ball, City Attorney, explained that approval of the General Plan Amendment for this project is not before Council this evening, but would be presented to Council at a future meeting. Mr. Ball noted that Mr. Shapouri has volunteered, and Council had accepted, that the minimum height of the trees shall be 12 feet upon installation. Council Member Hall spoke in support of the project. Council Member Nygaard said she supported the project with the 12 foot trees. Council Member Finnila noted that Palomar Airport Road is an entryway into Carlsbad and Council should be sensitive to this area. She noted that the Planning Commission’s vote on this project was not unanimous because of architectural concerns. Therefore, Council Member Finnila said that detailed architectural information should have been presented to the Council this evening. Council Member Finnila said she could support the project. Council Member Kulchin concurred with Council Member Finnila and said that Council noted the concerns of the Planning Commission. Council Member Kulchin said Council is responsible for reviewing and understanding projects they consider, and that she could support the project. November 6,200l Carlsbad City Council Meeting Page 8 ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-334, Adopting a Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, and Approving a Coastal Development Permit for an Office Building on a 15.69 Acre Site and Referring a General Plan Amendment to Amend the Land Use Element and the Open Space and Conservation Element of the General Plan to the City Attorney for Approving Documents; And, Council determined that a requirement be added that the minimum height of the Cypress trees to be used for exterior landscaping shall be 12 feet upon installation on the project site. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7:24 p.m. with all members present. RECONVENE COUNCIL MEETING Mayor Lewis reconvened the Council Meeting at 7:37 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 16. AB # 16,405 -APPEAL OF DETERMINATION OF NONCOMPLIANCE FOR 3627 TERRACE PLACE. Pat Kelley, Principal Building Inspector, presented the staff report. Kris Kollenda, 3627 Terrace Place, spoke in support of his appeal and distributed documentation to support his appeal (on file in the Office of the City Clerk). He said the carpet is a laminate/plastic material and is not combustible and will not burn or flame; it will only melt. He stated that the carpet should be tested on a horizontal plane, not in a vertical burn test. In response to Council, Mr. Kollenda said he parks one car in his three-car garage and his children use the remainder of the garage as a play area. He said that he is not concerned about parking his vehicle with a hot engine on top of the carpet. In response to Council, Mr. Kelley explained the Uniform Building Code regarding carpeting in garages. He said that testing of the carpet for combustibility is done at private labs. He also discussed Carlsbad’s Code requirements regarding carpeting in garages. Mr. Kelley explained the method for testing for ambient heat, with a small piece of material placed in a furnace set at 1400 degrees, and that it does not matter whether the material is vertical or horizontal. He stated that though the carpet has tested a class/flame spread rating, it is not considered “non-combustible”. November 6,200l Carlsbad City Council Meeting Page 9 Council concurred to continue this item to a date when the Fire Chief could be present. 17. AB #16,424 -AGREEMENT WITH THE BUENA VISTA LAGOON JOINT POWERS COMMITTEE Eric Munoz, Senior Planner, presented the staff report, including the history of the formation of the Committee, and the fact that the City of Vista has withdrawn from the Joint Powers Agreement. Council Member Kulchin spoke in support of approving the revised agreement for the Buena Vista Lagoon Joint Powers Committee. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-335, approving a revised agreement for the Buena Vista lagoon Joint Powers Committee. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. 18. AB #16,425 - PARKS AND RECREATION COMMISSION APPOINTMENTS: ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001-336, appointing Jim Comstock to the Carlsbad Parks & Recreation Commission; and, Council adopted RESOLUTION NO. 221-337, appointing Marlaine Hubbard to the Carlsbad Parks & Recreation Commission. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 19. AB #16,361 - SENIOR COMMISSION APPOINTMENTS: ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001-288, appointing Peggy Savary to the Carlsbad Senior Commission; and, Council adopted RESOLUTION NO. 221-289, appointing Arthur Wood to the Carlsbad Senior Commission. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. COUNCIL REPORTS AND COMMENTS: None. CITY MANAGER COMMENTS: None. November 6,200l Carlsbad City Council Meeting Page 10 CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of November 6, 2001, was adjourned at 8:lO p.m. RespectfuUy submitted, cs& Assistant city Clerk Janice Breitenfeld Deputy City Clerk