HomeMy WebLinkAbout1997-04-15; City Council; Minutese 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 15,1997
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6: 10 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Kulchin, and Hall
Absent: Council Member Nygaard
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the following
events:
Annual Legislative Appreciation Dinner, to be held on Wednesday, April 16, 1997, at 6:OO p.m., at
Sutter Club, 1220 9th St., Sacramento, CA.
Tri Teal Reception, to be held on Thursday, April 17, 1997, at 5:OO p.m., at 1925 Palomar Oaks
Way, Carlsbad.
Water Agencies Association of San Diego County-Quarterly Meeting, to be held on Thursday, April
17, 1997, at 6:OO p.m., at Lake San Marcos Country Club, 1750 San Pablo Drive, San Marcos.
Police Volunteer Appreciation Luncheon, to be held on Friday, April 18, 1997, at 12:30 p.m., at The
Raintree, 755 Raintree Drive, Carlsbad.
Adult Learning Program Annual Potluck, to be held on Saturday, April 19, 1997, at the Harding
Community Center, 3096 Harding Street, Carlsbad.
LEGOLAND Tree Planting Ceremony, to be held on Tuesday, April 22, 1997, at 11:OO a.m., at the
LEGOLAND Site (via LEG0 Drive and Armada).
APPROVAL, OF MINUTES:
On motion of Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously approved as
presented, with abstentions as indicated:
Minutes of the Regular Meeting held March 25,1997. - Kulchin - abstained
Minutes of the Special Meeting held April 1 , 1997.
Minutes of the Special Meeting held April 1,1997.
Minutes of the Regular Meeting held April 1 , 1997.
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April 15, 1997 CITY COUNCIL Page 2
PRESENTATIONS:
Mayor Lewis presented a Proclamation entitled “Youth Service Day” to the Principal of the La Costa Heights
Elementary School, in recognition of the accomplishments achieved by the students, in their “Service
Learning Project”.
The students of La Costa Heights Elementary School, conducted a slide and video presentation to
familiarize the community with the work they have done and are continuing to do within the “Service
Learning Project” at Cadencia Park.
Mr. Bill Holtz presented each of the children with a T-shirt fiom SDG&E, commemorating National
Youth Service Day.
Mayor Lewis presented a Proclamation to Diane Scheer, of the Optimist Club in recognition of her work
regarding Carlsbad Loves Kids Day.
Mayor Lewis presented a Proclamation to two dispatchers in recognition of Public Safety Dispatchers
Appreciation Week.
CONSENT CALENDAR:
Items #5 and # 10 were removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of
the Consent Calendar, Items #I through # 10, with the exception of Items #5 and
# 10, as follows:
AYES: Lewis, Finnila, Kulchin, and Hall
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
51 1. AB #14.133 - CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE.
Council adopted RESOLUTION NO. 97-440, continuing the existence of a state of local emergency
and requesting Office of Emergency Services assistance and concurrence in responding to such
emergency.
97 2. AB # 14,134 - AUTHORIZATION TO REQUEST BIDS FOR THE 1997 PAVEMENT OVERLAY AND CONCRETE REPAIRS PROJECT.
Council adopted RESOLUTION NO. 97-441, approving plans and specifications and authorizing
the City Clerk to advertise for bids for the 1997 Pavement Overlay and Concrete Repairs, Project
No. 3527-0.
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April 15, 1997 CITY COUNCIL Page 3
3. AB #14,135 - AUTHORIZATION TO REQUEST BIDS FOR THE 1997 STREET SEALING
PROJECT. NO. 3527-S.
Council adopted RESOLUTION NO. 97-442, approving the plans and specifications for a
residential street sealing contract and directing the City Clerk to solicit bids for the project.
4. AB #14,136 - AUTHORIZATION TO REQUEST BIDS FOR THE MONROE STREET AND
CHESTNUT AVENUE STREET LIGHTS PROJECT.
Council adopted RESOLUTION NO. 97-443, approving the plans and specifications and
authorizing the City Clerk to advertise for bids for the construction of Monroe Street & Chestnut
Avenue street lights, Project No. 3503.
5. AB # 14,137 - ACCEPTANCE OF TWO OPEN SPACE AND PUBLIC ACCESS EASEMENTS
AND COASTAL CONSERVANCY GRANT FUNDS.
This item was removed from the Consent Calendar.
6. AB #14,138 - ADOPTION OF A MODIFIED ENGINEERS REPORT FOR CARLSBAD RANCH
ASSESSMENT DISTNCTNO. 95-1.
Council adopted RESOLUTION NO. 97-445, approving the modifications and adopting the
modified Engineer’s report for Carlsbad Ranch AD 95-1.
7. AB #14,139 -ACCEPTING THE RESTATED RANCHO CARRILLO PARKS AGREEMENT.
Council adopted RESOLUTION NO. 97-446, approving the “Restated Rancho Carrillo Parks
Agreement”.
8. AB #14,140 - 1995-96 ANNUAL FINANCIAL REPORTS.
Council accepted the 1995-96 City of Carlsbad Comprehensive Annual Financial Report (CAFR),
the Single Audit Report, and the annual reports for the Public Improvement Corporation, and the
Redevelopment Agency.
9. AB #14,141- RESCISSION AND APPROVAL OF CONSULTANT AGREEMENTS FOR
DESIGN SERVICES RELATED TO THE CANNON ROAD WEST PROJECT NO. 3 184.
Council adopted RESOLUTION NO. 97-448, approving the rescission of consultant agreements
with O’Day Consultants, Inc., for the design of improvement plans, project specifications and cost
estimates for Cannon Road West and McDaniel Engineering for Bridge Design Services for Cannon
Road: Macario Canyon Bridge and Agua Hedionda Bridge and approval of a new consultant
agreement with O’Day Consultants, Inc., for the design of improvement plans project specifications
and cost estimates for Cannon Road West, Project No. 3 184.
10. AB #14,147 - APPEAL ON SDP 95-6(A)/HDP 95-5(A)/CDP 96-7, EMERALD RIDGE WEST.
This item was removed fiom the Consent Calendar.
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April 15, 1997 CITY COUNCIL, Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR:
81 5. AB #14,137 - ACCEPTANCE OF TWO OPEN SPACE AND PUBLIC ACCESS EASEMENTS 45 AND COASTAL CONSERVANCY GRANT FUNDS.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 444, accepting fiom L. R. Partnership one (1) open space easement adjacent to
Agua Hedionda Lagoon, and one (1) public access easement on a privately owned
trail also adjacent to the lagoon; and accepting $175,450 in grant funds fiom the
California Coastal Conservancy.
AYES: Lewis, Finnila, Kulchin, and Hall
113 10. AB #14.147 - APPEAL ON SDP 95-6(A)/HDP 95-5(A)lCDP 96-7, EMERALD FUDGE WEST.
Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Rd., Suite 300, Carlsbad, referenced the split vote
the prior week on this Item, and stated that the plans have been amended and resubmitted, per the majority
vote, increasing the overall size of the second dwelling units to 629 square feet and converting the units fiom
studios to one-bedroom apartments. Mr. Ladwig urged the Council to adopt this resolution.
ACTION: Council adopted RESOLUTION NO. 97-450, granting the appeal on the limited
issue of the size of the second dwelling units, per the revised plans submitted on
April 15,1997, and approving the project in other respects as set forth in SDP 95-
06(A), HDP 95-5(A), and CDP 96-07.
AYES: Lewis, Finnila, Kulchin, and Hall
ORDINANCE FOR ADOPTION:
102 1 1. AB # 14.142 - ESTABLISHMENT OF A SPEED LIMIT ON BATIOUITOS DRIVE.
Lany Clemens, 200 1 Palomar Airport Road, Carlsbad, representing Aviara Land Associates, spoke in
opposition of the 40 mph speed limit. He requested that the speed limit be set lower (35 mph) and asked the
Council not to adopt this ordinance.
ACTION: On motion by Mayor Pro Tem Finnila, Council withdrew the adoption of
ORDINANCE NO. NS-403, and continued this item for one week for
consideration.
PUBLIC COMMENT:
Harry Loomis, 11 1 Tamarack, Carlsbad, spoke regarding the noise and parking nuisances created by the
Sandbar Cafe located across the street fiom his home. He urged the Council to reconsider and establish
permit parking program for the neighborhood residents, limit the music volume and establish shorter hours
for the bar.
Jacque Loomis, 1 11 Tamarack, Carlsbad, stated that the quality of life in their neighborhood is severely
impacted by the actions of the patrons of the Sandbar Cafe and asked the Council to establish stricter limits
on the cafe and a permit parking program for the residents.
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A1 Corbin, 167 Redwood Avenue, Carlsbad, spoke of noise, refuse, and parking problems associated with the
Sandbar Cafe and asked the Council to reassess the situation and to establish a parking permit program.
Ted Viola, 383 1 Garfield St., Carlsbad, urged the Council to establish a parking permit program in his
neighborhood and to establish noise controls for the Sandbar Cafe.
Ann Cerecedes, 3875 Garfield St., Carlsbad, related a recent unpleasant incident involving the patrons of the
Sandbar and stated there have been many more in the past.
Ruben Cerecedes, 3875 Garfield St., Carlsbad, urged the Council to reconsider and establish a permit parking
program in the area.
Council Member Kulchin requested the residential permit parking program be placed on a future Council
agenda.
Mayor Lewis referred to the tie vote and stated he would inform staff if the item should be placed on a future
agenda.
PUBLIC HEARINGS:
97 12. AB #14,148 - CONSTRUCTION OF IMPROVEMENTS ON LUPINE ROAD.
Principal Civil Engineer, Richard Allen, made the staff presentation during which he stated that out of ten
property owners, three spoke in favor of opening Lupine Road and seven spoke in opposition of opening
Lupine Rd. He also stated that he had received three letters; two in favor of the project and the other,
opposed, (copies of which are on file in the Office of the City Clerk) and three telephone calls, also in favor
of opening the road.
Mayor Lewis opened the duly noticed Public Hearing at 7:40 p.m., and issued the invitation to speak.
Council Member Kulchin referenced a letter regarding the possible opening of Lupine Rd., and a telephone
call to the City Manager’s office from Sharon Johnson, requesting that the road remain open.
Phyllis Jessy, 7230 Mimosa Dr., Carlsbad, stated the possible increase in traffic and safety problems and
urged the permanent closing of Lupine Road.
Patty Smith, 7037 Columbine, Carlsbad, urged Council to complete construction of Lupine and open the
road.
Janet Gaspari, 7228 Columbine, Carlsbad, urged Council to permanently close Lupine Rd.
Richard Stearik, 1740 Geranium, Carlsbad, also urged Council to keep Lupine Rd. closed.
Hans Reindell, 7224 Columbine, Carlsbad, citing safety issues, urged Council to keep Lupine Rd. closed.
James Carroll, 1744 Catalpa Rd., Carlsbad, fearing more traffic and more speeding, urged Council to keep
Lupine Rd. closed.
Ron Roberts, 2466 1 Ridge Route Dnve, Laguna Hills, representing Taylor-Woodrow Homes, stated that
regardless of the outcome, they would like the road to remain closed until at least % of the homes are
completed and occupied in Planning Area 3 and then open the road to emergency vehicles only.
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April 15, 1997 CITY COUNCIL Page 6
Kimberly Coogan, 7245 Mimosa, Carlsbad, urged Council to keep Lupine closed to the public by putting a
gate across it with access for emergency use only.
Ed Malinski, 7005 Mimosa, Carlsbad, writer of a letter received by the City Council, dated April 11,1997 (a
copy of which is on file in the City Clerk’s office), encouraged the Council to open Lupine Rd., providing a
safer route for the children who must walk to school at Aviara Oaks School.
Larry Clemens, Hillman Properties, 200 1 Palomar Airport Rd., Carlsbad, stated that it has always been the
intention of Hillman Properties that Lupine Road not be opened. He asked the Council not to adopt this
resolution, keep the road closed, and return the cash deposit to the developer.
See no one else wishing to speak, Mayor Lewis closed the Public Hearing at 8:05 p.m.
In response to a question from Council Member Hall, Fire Marshal Smith stated that it would be prudent of
his department to make sure that their equipment could get through that area, particularly if it would cut their
response time by 1 ’/z to 2 minutes.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 447, directing the subdivider to construct full improvements to Lupine Road and
authorized the release of a cash deposit upon the completion of said improvements;
with the condition that the City Engineer will determine when the road will be
opened in conjunction with the constructiordoccupancy of the homes in Aviara,
Planning Area 3; and with instructions to the City Engineer to determine and take
appropriate remedial actions on the access into the area at Arenal.
AYES: Lewis, Finnila, Kulchin, and Hall
RECESS:
Mayor Lewis declared a recess at 8:20 p.m. and reconvened at 8:26 p.m., with four Council Members present
and Council Member Nygaard absent.
13. AB #14,143 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE
CITY’S WEED ABATEMENT PROGRAM.
Mayor Lewis opened the duly noticed Public Hearing at 8:27 p.m., and issued the invitation to speak.
Since no one wished to speak, Mayor Lewis closed the Public Hearing at 8:27 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-
-7 449 ordering the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed.
AYES: Lewis, Finnila, Kulchin, and Hall
CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Council adjourned to the Carlsbad Municipal Water District Meeting at 8:28 p.m. and re-convened at 8137
p.m., with four Council Members present and Council Member Nygaard absent.
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April 15, 1997 CITY COUNCIL, Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS:
20 14. AB #14,144 - STATUS REPORT ON THE PUBLIC NUISANCE LOCATED AT 61 11 EL CAMINO REAL, OLYMPIC RESORT DRIVING RANGE.
Ted Vallas, Owner of the Olympic Resort and Hotel, 61 11 El Camino Real, Carlsbad, stated that the changes
suggested by the golf course architect have been completed. He stated there has been additional effort to
create a barrier on Palomar Airport Road by planting forty 15-gal., Eucalyptus trees. Mr. Vallas also stated it
is their intention (with permission from the City) to erect a temporary 30 ft. high net (until the trees mature)
to catch any errant golf balls.
ACTION: On motion by Mayor Pro Tern Finnila, Council heard and accepted the staff report
on the progress made to abate the conditions constituting the public nuisance and
the effects of this remediation, approved the additional actions recommended by the
owner, and directed staff to continue monitoring the situation,
AYES: Lewis, Finnila, Kulchin, and Hall
Council Member Kulchin left the meeting at 853 p.m.
102 15. AB #14,145 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON CALLE ACERVO .
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- 404, amending Title 10, Chapter 10.44, of the Municipal Code by the amendment of
Section 10.44.5 10 to establish a prima facie 30 mile per hour speed limit upon Calle
Acervo from Camino De Las Coches to its intersection with Rancho Santa Fe Road.
AYES: Lewis, Finnila, and Hall
LO2 16. AB #14.146 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON KESTREL DRIVE.
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-
405, amending Title 10, Chapter 10.44, of the Municipal Code by the addition of
Section 10.44.530 to establish a prima facie 30 mile per hour speed limit upon
Kestrel Drive from Batiquitos Drive to its intersection with Aviara Parkway.
AYES: Lewis, Finnila, and Hall
77 17. AB # 14,129 - 10 YEAR ANNIVERSARY REPORT ON THE GROWTH MANAGEMENT PLAN.
This item was continued to April 22, 1997, when a full Council is present.
CITY MANAGER COMMENTS:
None
CITY ATTORNEY COMMENTS:
None
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April 15, 1997 CITY COUNCIL Page 8
COUNCIL REPORTS AND COMMENTS:
None
ADJOURNMENT:
Mayor Lewis adjourned the meeting in honor of Maggie Clark, who passed away on Sunday, April 13, 1997.
Respectfully submitted,
ALETHA a-.&Zh%<@F L. RAUTENKRANZ,
City Clerk