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