HomeMy WebLinkAbout1999-02-09; City Council; Minutes (3)MINUTES
MEETING OF : CITY COUNCIL
DATE OF MEETING: February 9,1999
TIME OFMEETING: 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:
Absent:
Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard, Kulchin
None
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following event:
Villa Loma Apartments Basketball Court Dedication, to be held on Wednesday, February 10,
1999, at 3:00 p.m. at 6421 Tobria Terrace, Carlsbad.
Eileen Olson’s Annual Valentine’s Day Event, to be held on Wednesday, February 10, 1999, from 5:00 p.m. to 9:00 p.m. at the Best Western Beach View Lodge, 3180 Carlsbad Boulevard,
Carlsbad.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tern Hall, the Minutes of the following meetings were unanimously approved
as presented:
Minutes of the Special Meeting held January 5, 1999.
Minutes of the Regular Meeting held January 5, 1999.
Minutes of two Joint Special Meetings held January 5, 1999.
Minutes of the Special Meeting held January 19, 1999. Minutes of the Regular Meeting held January 19, 1999.
Minutes of the Workshop held January 20,1999.
Minutes of the Special Meeting held January 26,1999. - Nygaard - abstained
Minutes of the Regular Meeting held January 26, 1999. - Nygaard - abstained Minutes of the Joint Special Meeting held January 26, 1999. - Nygaard - abstained
PRESENTATION:
Mayor Lewis presented a Proclamation to Dr. Cliff Lange, declaring February as Library Lover’s Month.
81 1. AI3 #15,034 - ACCEPTANCE OF DONATIONS.
81 2.
31 3.
39 4.
This item was removed from the Consent Calendar.
AB #15,035 - ACCEPTANCE OF DONATIONS.
This item was removed from the Consent Calendar.
AI3 #15.036 - REFUND OF BUSINESS LICENSE TAX OVERPAYMENTS.
Council adopted RESOLUTION NO. 99-41, authorizing the refund of business license tax overpayments to Standard Filter Corporation.
AB #15.037 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s investment
portfolio as of December 3 1, 1998.
44
45
5. AB #15.038 - APPROVAL OF EXTENSION AND AMENDMENT TO CONSULTANT
AGREEMENT FOR PLANCHECKING SERVICES.
Council adopted RESOLUTION NO. 99-42, approving an Extension and Amendment No. 1 to
the agreement with Ellorin Consulting for engineering planchecking services.
99 6. AB #15.039 - REQUEST TO PURCHASE AFFORDABLE HOUSING CREDITS FOR CT 97-
15.
This item was removed f%om the consent calendar to be heard following Public Hearings.
63 7. AB #15.040 - ACCEPTANCE OF PROPOSAL FOR LIBRARY SHELVING.
February 9,1999 CITY COUNCIL Page 2
CONSENT CALENDAR:
Items #l, #2 and #6 were removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tern Hall, Council unanimously affirmed the action of
the Consent Calendar, Items # 1 through #7, with the exception of Items #l, #2, and #6 as follows:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
Council adopted FtESOLUTION NO. 99-44, accepting the proposal from Yamada Enterprises,
and authorizing the execution of a purchase order for a shelving system for the new Carlsbad Library.
February 9,1999 CITY COUNCIL Page 3
ITEMS REMOVED FROM CONSENT CALENDAR:
81 1. AB #15,034 - ACCEPTANCE OF DONATIONS.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
99-39, accepting donations of merchandise and financial contributions valuing a
total of nine thousand two hundred ten dollars ($9,210) in support of the Youth Basketball Program.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
81 2. AB #15,035 - ACCEPTANCE OF DONATIONS.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
99-40, accepting donations of merchandise, gift certificates and in kind services
valuing a total of four thousand six hundred dollars ($4,600) in support of the
1998 Fall Festival.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
PUBLIC COMMENT:
Joan Ludwiczak, 2712 Mateo Place, Carlsbad, requested an update of the City Municipal Code, Chapter
8.48 regarding construction noise restrictions. She requested that the City amend the Code to restrict
construction noise on two additional holidays: Martin Luther King Day and Presidents’ Day.
PUBLIC HEARINGS:
61 8. AB #15,041 - CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
REVENUE BONDS FOR THE FUNDING OF THE NATURAL ALTERNATIVES
INTERNATIONAL FACILITY.
Mayor Lewis opened the duly noticed Public Hearing at 6:19 p.m. Seeing no one wishing to testify,
Mayor Lewis closed Public Hearing at 6: 19 p.m.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
45, approving the issuance of bonds, notes and other evidence of indebtedness by the California Statewide Communities Development Authority, for the
acquisition, rehabilitation and improvement of property located at 5759 Fleet
Street, to benefit Natural Alternatives International, Inc.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
99
113
9. AB #15.042 - ZC 97-06/LCPA 97-08/CT 97-15IHDP 97-lG/CDP 97-39 - LOHF SUBDIVISION.
The staff report was presented by Associate Planner Michael Grim, Public Works Director Lloyd Hubbs, and Fire Division Chief Michael Smith.
Mr. Hubbs explained staffs recommendation regarding the connection of Mimosa Lane to the Pavoreal Subdivision, stating the traffic circulation in the area is a major concern, and that multiple access points
are needed for each subdivision. He then responded to questions from Council regarding circulation issues.
February 9,1999 CITY COUJKXL Page 4
Chief Smith stated his recommendation against the installation of an emergency gate across Mimosa
Drive, separating the Lohf Subdivision from the Pavoreal Subdivision, citing slower response times for emergency vehicles. He also stated that if Mimosa Drive had been designed to be a “dead-end” street,
and not connect with the Lohf Subdivision, the Fire Department would have required every home in
Pavoreal to be equipped with an automatic fire sprinkler system as a condition of approval. Chief Smith
then responded to questions from Council regarding emergency access issues.
Mayor Lewis opened the duly noticed Public Hearing at 6:55 p.m.
Scott Sandstrom, Western Pacific Housing, 2385 Camino Vida Roble, Suite #107, Carlsbad, representing
the applicant, stated that the project would be built in 6 phases of approximately 12 units each, and that Poinsettia Lane would be completed to coincide with the completion of the 50th house.
James Williams, 6982 Mimosa Drive, Carlsbad, adamantly opposed the opening of Mimosa Drive and
asked Council to refuse to open Mimosa Drive into the Lohf Subdivision.
Greg Saska, 6721 El Camino Real, Carlsbad, owner and resident of the smaller of two rectangular shaped
lots in the northeast comer of the site map, stated he and his mother (Mrs. Isabelle Saska) support this
project, as long as sewer, water, utilities, cable, and safe entry and exit access will be adequately provided to their property.
Marian Steiner, 6675 El Camino Real, Carlsbad, owner of an adjacent property, stated that she is
wholeheartedly in favor of this project. She indicated that she would like to see both the subdivision and
Poinsettia Lane developed concurrently, so as to minimize the effects of the construction, dust, etc., on her property. She also supported the opening of Mimosa Drive.
Kelly Cox, 6902 Mimosa Drive, Carlsbad, a resident of the Pavoreal subdivision, stated that he is a
member of a committee of Pavoreal residents whose objective has been to discourage the opening of
Mimosa Drive to the Lohf subdivision. He also pointed out that the streets in Pavoreal are very wide and
single loaded, and that the entrance is extra wide and has a loop, so that emergency vehicles should have no difficulty in getting through in either direction. Mr. Cox stated that there have been no emergencies
in Pavoreal in the seven years it has been in existence, and urged Council to allow an emergency gate at the point where Mimosa Drive joins with the Lohf Subdivision.
Jim Fedderhart, 2845 Nimitz Boulevard, San Diego, a traffic engineer for 50 years, expressed concerns
regarding increased traffic and reduced safety for the residents of Pavoreal if Mimosa were put through,
and stated that Mimosa is not needed as an exit for the Lohf subdivision. He urged Council to allow an
emergency gate where Mimosa Drive meets the Lohf subdivision.
Beverly Fox, 6952 Mimosa Drive, voiced her concerns regarding adverse traffic impacts, and for the safety of the residents of Pavoreal if Mimosa were connected to the Lohf subdivision. She urged Council
to deny staffs recommendation to open and extend Mimosa Drive.
Dermis Dollar, 6960 Blue Orchid Lane, Carlsbad, and a recent resident of Sanderling, referenced several other communities that have recently been approved with only one access point. He pointed out that
Pavoreal does not have narrow streets, which provides ample ingress and egress for everyone, including
emergency vehicles. Mr. Dollar stated that regardless of the City wanting multiple access points, the
residents of Pavoreal do not need more than a single access point for safety, and urged Council to allow
an emergency gate to be installed.
February 9,1999 CITY COUNCIL Page 5
Janis Libuse, 6947 Dusty Rose Place, Carlsbad, by means of overhead projections, showed examples of a
few Carlsbad roads which have been approved for gated emergency accesses as a result of new
developments being built on adjacent lands. Ms. Libuse stated that the residents of Pavoreal have no
objection to an emergency gate at the top of Mimosa Drive. She also stated that they do not fall under
the cul-de-sac policy because of the loop, and urged Council to deny the recommendation of staff and
allow an emergency gate to be installed.
David Lee Soanes, 6140 Portobelo Court, San Diego, project landscape architect for Robert Kevane,
owner of the property directly west of the Lohf property, stated that he and his client are in full support of the development of the Lohf property. He further stated that when the Kevane property access road(s)
are complete, they should relieve some of the perceived traffic problems within the Lohf subdivision. He
stated he was in support of the application, but wished to carry forward a few minor objections to the
Environmental Impact Report, as cited at the Planning Commission Meeting.
Scott Sandstrom, Western Pacific Housing, 238 Camino Vida Roble, Carlsbad, responded to questions
raised during testimony as well as questions from Council regarding the timing of the construction of
Poinsettia Lane. He stated that the Mimosa connection is needed for circulation in the entire area, and
that their information projects the number of ADT’S at buildout will be less than there are today.
Bill Damell, Dame11 & Associates, Inc., 1446 Front Street, Third Floor, San Diego, traffic engineer for
the Lohf Subdivision, also responded to questions from Council regarding traffic circulation issues.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 7:53 p.m.
ACTION: On motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO.
NS-469, amending Title 2 1 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a zone change, ZC 97-06, from limited control (L-C) to
one family residential with a qualified development overlay (R-1-7,500-Q) for 36.7 acres generally located west of El Camino Real, between Cassia Road and
Dove Lane, in Local Facilities Management Zone 21, and in the Southwest
Quadrant;
and,
adopted RESOLUTION NO. 99-46, approving a Zone Change, Local Coastal
Program Amendment, Tentative Tract Map, Hillside Development Permit and Coastal Development Permit for the Lohf Subdivision, located west of El
Camino Real,, between Cassia Road and Dove Lane in Local Facilities Management Zone 21, in the Southwest Quadrant, AS AMENDED by the
addition of a condition stating that “Poinsettia Lane shall be constructed and completed no later than one year following the recordation of the Final Map”.
AYES: NOES:
Lewis, Hall, Finnila, Nygaard,
Kulchin
February 9,1999 CITY COUNCIL Page 6
Although all of them did not testify, approximately 59 members of the audience each submitted a
“Request to Speak” form, to establish their collective opposition to the opening or the extension of
Mimosa Drive into the Lohf subdivision and are listed below:
The Pavoreal Homeowners Association - Board of Directors:
Don Holmes, Hollie Kunin, Kelly Cox, Cynthia Boone, David Kantowitz.
Kelly Cox,
G. Chitgari
M. Teymourian
Carol Lageder
Josef Lageder Danelle Russo
Pasquale Russo
Chuck & Holly Kunin Dan Ducommin
Gus & Kristina Mokalis
Margaret Cypher
Lilian Dudesh
Donald Holmes Jeane Holmes
Celine Mertz Robert Mertz
Nancy Fleming
Daniel Fleming
Gregg Boone Cynthia Boone
Dave Schell
Lynn Pressey Lenita Charhut
Don Charhut Richard Toolson
Louise Toolson
Tony Colucci
Mark & Leslie Spiro
David Kanowitz Terry Kane
Kathy Day Greg Day
Ken & Heidi Davis
Dennis Dollar
Betsy Manifold C. C. Taylor
Jeanette Behrens
Michael Epstein Margo Epstein
Thomas L. Clark Janice L. Clark Calvin Branch Vernal Branch
Yuhon Ho Yuwym Ho
Nai L. Ho
Geok C. Khoo
6902 Mimosa Dr., Carlsbad
6906 ” ” ” It II t, II
6912 ” ” ” 0 0 II ,I
6922 ” ” ” !1 II 1, ,I
6933 ” ” ”
6936 ” ” ”
6937 ” ” ”
6941 ” ” ” I, 11 11 11
6943 ” ” “ 0 !I II ,t
6946 “ “ “ 11 11 II II
6947 Mimosa Dr., Carlsbad 11 (1 II I,
6953 ” ” ” I, II II 11
6956 ” ” If II 0 ,1 II
6963 ” ” ” ‘1 I, ,I ,I
6967 ” ” ” 11 II 11 ,1
6903 Blue Orchid Lane, Carlsbad
6907 ” ” ” ”
6913 ” ” ” ”
6937 Blue Orchid Lane, Carlsbad
6947 ” ” ” II I, 1, I, II II
6948 ” ” ” ” 6960 ” ” ” ” I, II 11 II II
6962 ” ” ” ” II II I, II tt
6964 ” ” ” ” ,I ,I !, tt (1
6982 ” ” ” ” 11 II ,I I, 1,
6990 ” ” ” ” 11 I, II II II
6927 Dusty Rose Place, Carlsbad 1, I, II 11 ,I ,I I, I, tt ,I
,t I, 11 II II
February 9,1999 CITY COUNCIL Page 7
Kim P. Yeoh
Veronique Vaughn
Loren Mead Pat Mead Gary Rush
Ronald Uhlig
Beverly Uhlig
Alex Bohlmeijer
Janis Libuse
Sue Woodworth-Bennett
Frank (unreadable)
Cynthia (unreadable) Hector Serrano
Tim Wickers
I, II II II II
@-gj II II II I,
6937 tl II II ,I
II I, ,I ,I II
6942 II II II ,I
6943 It It It II
,I II II II II
6947 It It II I,
II II ,I I, II
6952 It II II II
6957 II It It II
II II II 11 1,
17 10 Lobelia Court, Carlsbad 6987 Zebrino Court, Carlsbad
RECESS:
Mayor Lewis declared a recess at 8:3 1 p.m. Council reconvened at 8:40 p.m. with five Council Members
present.
CONSIDERATION OF ITEM REMOVED FROM THE CONSENT CALENDAR:
Council considered the following item which had been continued for consideration after the public
hearings:
99 6: AI3 #15,039 - REOUEST TO PURCHASE AFFORDABLE HOUSING CREDITS FOR CT 97-
15.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
43, approving a request by Western Pacific Housing to purchase 10.95
Affordable Housing credits in the Villa Loma housing project to satisfy the
Inclusionary Housing Requirement for CT 97- 15.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
ADJOURNMENT TO JOINT MEETING OF THE CITY COUNCIL AND MUNICIPAL WATER DISTRICT BOARD.
Mayor Lewis adjourned to the Joint Meeting of the City Council and the Municipal Water District Board
at 8:42 p.m. Council reconvened at 8:44 p.m. with five Council Members present.
February 9,1999 CITY COUNCIL Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
29 12. Al3 #l&O50 - FISCAL YEAR 1998/99 BUDGET FOLLOW-HP.
Council discussion reflected direction to staff to return with documents amending the operating
budget for the following items:
l Communitv Outreach/Public Information Proaram To fund the program at the estimated annual cost of $84,000. Council also
expressed approval of -the Program Goals. (Council Member Hall supported the
Program Goals, but wanted to look at other alternatives for implementation of the
program.)
l Communitv Activity Funds To provide an appropriation of $685,000 from the general fund to bring the program
total to $1 million, and designate that only the interest be used each year to fund grants. (Council Member Hall did not support this option, and favored Option #2.)
l Carlsbad Convention and Visitor’s Bureau budget request.
To fund the request of the CCVB for contract changes to increase the contract
amount to $370,000. (Council Member Finnila did not favor the increase, but felt
the contract funding should remain at the current amount.)
96 13. AB #15.052 - CITIZEN REOUEST FOR FOUR-WAY STOP AT HOSP WAY/FOREST VIEW
WAY INTERSECTION.
TrafficEngineer, Robert Johnson presented the staff report, and explained the circumstances under which stop signs are warranted.
Nancy Held Loucas, 2832 Cedarwood Way, Carlsbad, representing the Carlsbad Woodridge
Homeowners Association, stated her concerns regarding the serious traffic problems at the intersection of
Hosp Way and Forest View. Ms. Loucas further stated they there are many more accidents and near
accidents at that location than are reported. She distributed photos of accidents and property damage at
that location, and urged Council to approve a STOP sign at Hosp Way and Forest View Way and
additionally, perhaps a warning light to caution drivers.
Courtney Heineman, 2879 Woodridge Circle, Carlsbad, assisted in the presentation, by showing a series of slides indicating the major problem areas as well as the intersections where the homeowners
association would welcome additional stop signs. He also urged Council to approve the proposed traffic
controls.
ACTION: On motion by Mayor Pro Tern Hall, Council directed staff to return with documents
amending the Municipal Code to erect an all-way STOP sign on Hosp Way at the
intersection of Forest View Way; to continue working with the Police Department
regarding enforcement; to install flashing warning lights; and to return with a report
regarding the use of guard rails in the area on public rights-of-way.
AYES:
NOES:
Lewis, Hall, Nygaard, Kulchin
Finnila
February 9,1999 CITY COUNCIL Page 9
98 14. AB 15.045 - CANNON ROAD STREET NAME CHANGE - SNC 99-01.
Svend Aage Madsen, 1 LEG0 Drive, Carlsbad, representing LEGOLAND, detailed the contents of his
letter dated January 20,1999 requesting to change the name of the portion of Cannon Road, between the
north and south bound I-5 freeway off-ramps, to Cannon Road/LEGOLAND Drive.
ACTION: Motion was made by Mayor Pro Tern Hall, to adopt RESOLUTION NO. 99-49,
approving a street name change on that portion of Cannon Road between the north
and southbound Interstate 5 Freeway off-ramps underneath the overpass, to Cannon
Road/LEGOLAND Drive. The motion failed due to a lack of majority.
AYES* NOES: Hall, Finnila Lewis, Nygaard, Kulchin
70 15. Al3 #15.046 - SUPPORT OF THE REGIONAL BEACH NOURISHMENT PROJECT.
Bruce Macklin, 3345 Lincoln Street, Chair of the City’s Beach Erosion Committee, presented a
recommendation from the Committee in support of Allocation Alternative “A”, and strongly
recommending that the city develop a coastal plan for sustaining sand on its beaches.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 99-
50, supporting the Regional Beach Nourishment Project and recommending the
allocation of sand as proposed in “Alternative A”, as explained in the Agenda Bill.
AYE3 NoEsi
Lewis, Hall, Finnila, Nygaard, Kulchin
None
68 16. AB #15.047 - CARLSBAD COMMUNI TY TELEVISION FOUNDATION APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-51,
appointing Nicole Pappas to the Carlsbad Community Television Foundation, to
represent the Carlsbad Unified School District.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
February 9,1999 CITY COUNCIL Page 10
28 17. AB #15.048 - SISTER CITY COMMITTEE APPOINTMENTS.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-54, appointing Carm Finicchiaro to the Sister City Committee;
and,
adopted RESOLUTION NO. 99-55 re-appointing Jan Bishoff to the Sister City
Committee;
and, adopted RESOLUTION NO. 99-56, re-appointing Michael Klima to the Sister City
Committee;
and, adopted RESOLUTION NO. 99-57, re-appointing Elisabeth Paegel to the Sister
City Committee; and
Continued the two remaining appointments (Resolution Nos. 99-52 and 99-53) to a
future meeting.
AYES*
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
28 18. AB #15,049 - HOUSING COMMISSION APPOINTMENTS.
The matter was continued to a future meeting.
COUNCIL REPORTS AND COMMENTS:
None.
CITY MANAGER COMMENTS:
None
CITY ATTORNEY COMMENTS:
None
ADJOURNMENT:
By proper motion, the Regular Meeting of February 9, 1999, was adjourned at 10: 17 p.m.
Respectfully submitted,
ALETHA L. RAUTENKRANZ City Clerk