HomeMy WebLinkAbout1999-04-20; City Council; Minutesa
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MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 20,1999
TIME OFMJZETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent:
Mayor Lewis, Mayor Pro Tern Hall, Council Member Finnila Council Members Kulchin, Nygaard
Council Member Nygaard arrived at 6:03 p.m..
LEGISLATIVE INVOCATION was given by the Reverend Douglas Kelly of Christ Presbyterian
Church.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
None.
PRESENTATION:
Mayor Lewis presented a Proclamation to Clair Harris, former Director of Heartland Human Relations
and Fair Housing Association, for National Fair Housing Month, April, 1999.
CONSENT CALENDAR:
Items # 4, #5 and #6 were removed from the Consent Calendar..
ACTION: On motion by Council Member Hall, Council unanimously affirmed the action
of the Consent Calendar, Items #l through #6, with the exception of Items #4, #5
and #6 as follows:
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
105 1. Al3 #15,144 - CONSOLIDATED FUNDING STRATEGY AND PLAN FOR COMMUNITY
DEVELOPMENT BLOCK GRANT/HOME PROGRAM.
Council adopted RESOLUTION NO. 99-133, approving the submittal of the 1999-2000
Consolidated Funding Strategy and Plan for the City’s Community Development Block
Grant/Home Program to the U. S. Department of Housing and Urban Development.
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81 5. AB #15,148 - ACCEPTANCE OF DONATION.
April 20,1999 CITY COUNCIL Page 2
2. Al3 #15,145 -APPROVAL OF AGREEMENT WITH HUNSAKER & ASSOCIATES FOR
ENGINEERING SERVICES FOR POINSETTIA LANE (AVIARA) - PROJECT NO. 36741.
Council adopted RESOLUTION NO. 99-134, approving a consultant agreement with Hunsaker Associates San Diego Incorporated, for engineering services for Phases I and II of
Poinsettia Lane, from the east end of the Zone 19 boundary (Aviara) to the west boundary of the
Lohf Property.
3. Al3 #15.146 - AWARD OF CONTRACT FOR THE RECONSTRUCTION OF ARENAL ROAD
- PROJECT NO. 3590.
Council adopted RESOLUTION NO. 99-135, accepting bids and awarding a contract to HT
Development and Construction, Inc. for the Arena1 Road Reconstruction Project.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
4. Al3 #15.147 - APPROVAL OF AGREEMENTS WITH SAMBI SEASIDE HEIGHTS AND
CATELLUS RESIDENTIAL GROUP FOR COMPLETION OF AVIARA PARKWAY AND
POINSETTIA LANE INTERSECTION IMPROVEMENTS - CT 92-02.
Council asked for an update on the road construction of Aviara Parkway from the Sambi project to
Palomar Airport Road. Lloyd Hubbs, Director of Public Works, indicated that it would be constructed as
part of the development currently in plancheck.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
99-136, approving the amended agreement with Sambi Seaside Heights, LLC,
for on-site improvements, and approving the amended agreement with Catellus
Residential Group for reimbursement of costs for constructing Poinsettia Lane
improvements, from Aviara Parkway to Black Rail Road.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None
Mrs. Teresa M. Cannon, in memory of her husband, William D. Cannon, presented a check for $100,000
to Taffy Cannon, President of the Friends of the Carlsbad Library, as the tirst installment of a $250,000
gift to support the activities and programs of the new Library Art Gallery.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
99-137, acknowledging a donation from Mrs. William D. Cannon, to the
Friends of the Carlsbad Library, and approving the naming of the new library
gallery, in memory of William D. Cannon.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None.
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April 20,1999 CITY COUNCIL Page 3
6. AB #15,149 - APPROVAL, OF AGREEMENT WITH SIMON WONG ENGINEERING FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE CARLSBAD BOULEVARD
BRIDGE REPLACEMENT - PROJECT NO. 3557.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
99-138, approving an agreement with Simon Wong Engineering for professional
engineering services for preliminary engineering, geotechnical investigations,
and environmental studies for the Carlsbad Boulevard Bridge Replacement, with
direction to staff that when the new bridge is built, it should reflect the
architecture of the era when the original bridge was built.
AYES: Lewis, Hall, Finnila, Nygaard
NOES: None.
PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
7. AB #15.156 - DECLARATION.bF PUBLIC NUISANCES IN CONJUNCTION WITH THE
CITY’S WEED ABATEMENT PROGRAM.
Mayor Lewis opened the duly noticed Public Hearing at 6:22 p.m. Seeing no one wishing to testify,
Mayor Lewis closed the Public Hearing at 622 p.m.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
99-142, ordering the Fire Chief to abate the nuisance by having weeds, rubbish
and refuse removed as part of the Weed Abatement Program.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None.
8. Al3 #15.150 - MP 177cXYLCPA 97-ll/CT 97-2O/PUD 97-171CDP 97-51 - CRISTALLA -
AVIARA PA 23.
Mayor Lewis opened the duly noticed Public Hearing at 6:32 p.m.
The applicant, Klaus Mendenhall, Project Manager for the Brehm Companies, 5770 Oberling Drive, San
Diego, stated he agreed with the staff report and conditions of approval, and would respond to questions.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 6:34 p.m.
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April 20,1999 CITY COUNCIL Page 4
ACTION: Qn a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO.
474, amending the Aviara Master Plan (MP 177),
and;
adopted RESOLUTION NO. 99-139, approving a Master Plan Amendment,
Local Coastal Program Amendment, Tentative Tract Map, Planned Unit
Development Permit and Coastal Development Permit for the construction of a
61 unit, single family air space condominium development, located in Aviara PA 23, north of Aviara Parkway, east and west of Black Rail Road, in Local
Facilities Management Zone 19, in the Southwest Quadrant.
AYES: Lewis, Hall, Fir&a, Nygaard
NOES: None.
9. AB #15.090 - AV 98-07 - RYAN DECORATIVE WALL APPEAL.
Mayor Lewis opened the duly noticed Public Hearing at 6:40 p.m.
The applicant, Mary Ryan, 7245 Carpa Court, described the background on the construction of her
decorative wall. She stated that she unknowingly constructed her wall without a building permit on the
advice of her contractor. Ms. Ryan indicated that when she was made aware of the issue, by Code
Enforcement, the wall was complete except for capping on the top of the wall. Ms. Ryan then referenced
many pictures she had taken in her immediate neighborhood of walls, fences or shrubs that exceed the 42” height limit. (These pictures are on tile in the Office of the City Clerk).
She stated that she had measured many neighborhood walls and several were not in compliance. In
addition, she verified, through the Building Department, that few of the non-compliant walls had
variances on file. She pointed out that her wall does not obstruct views, nor is it a safety hazard.
Because of the number of glass windows and doors, including a large bedroom window on the front of
her house, she had erected this type of wall for security and privacy. She also indicated that the wall was
over height in some areas because of the east/west and north/south slopes on her property.
Diane DeFreitas, 7248 Carpa Court, addressed Council representing the following neighbors:
Joseph and Carmen Borg, 7247 Carpa Court Francis and Carol Bergen, 7241 Carpa Court
Stanley and Katherine John, 7237 Carpa Court
Ronni and Peter Rosenberg, 7249 Carpa Court
Ms. DeFreitas read from a prepared statement applying City and State laws and California Supreme
Court rulings to the Ryan appeal. She stated that the Ryan decorative wall was not in compliance with
Carlsbad Municipal Code 21.46.130,21.10.030 and 21.10.080(a). In addition she cited the California Government Code Section 65906 and select California Supreme Court rulings to underline the wall’s
non-compliance. She also stated that because this section of La Costa, due to it’s topography, has been, and will be vulnerable to Santa Ana fires, walls of this height are a safety issue for residents and safety
personnel. Ms. DeFreitas urged the Council to uphold the Planning Commission denial of a variance.
John Borg, representing his parents, Mr. and Mrs. Joseph Borg, 7247 Carpa Court, stated that his parents
do not support the wall.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 7:20 p.m.
April 20,1999 CITY COUNCIL Page 5
ACTION: On a motion by Mayor Pro Tern Hall Council adopted RESOLUTION NO. 99-
84, upholding the denial of Administrative Variance AV 98-07.
AYES: Lewis, Hall, Finnila, Nygaard
NOES: None.
RECESS:
Mayor Lewis declared a recess at 7:25 p.m., and Council reconvened at 7:3 1 p.m. with four Council
Members present and Council Member Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
67 10. Al3 #15.151- REPEAL AND RE-ENACTMENT OF ORDINANCE REGULATING
SKATEBOARDING AND ADDITON OF REOUIREMENT FOR SAFETY EOUIPMENT AT
SKATEBOARD PARK.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO.
NS-475, repealing and re-enacting Title 10, Chapter 10.58 of the Carlsbad Municipal Code, regulating skateboarding and adding the requirement for
safety equipment at Skateboard Park, and to consider repealing Section 11.32.070 of the Carlsbad Municipal Code, with the amendment of Section
10.58.025, adding the following sentence: “That list may be amended from time
to time by Resolution of the City Council.”
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None.
30 11. AB #15,152 - ADOPTION OF 1997 UNIFORM CODES.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE
NO. NS-476, amending Title 18 by the Amendment of Chapter 18.04, to adopt
by reference the Uniform Building Code, (1997 Edition); and NO. NS-477. amending Title 18 by the Amendment of Chapter 18.06, to adopt
by reference the Uniform Housing Code (1997 Edition); and
NO. NS-478. amending Title 18 by the Amendment of Chapter 18.16, to adopt
by reference the Uniform Plumbing Code (1997 Edition); and
NO. NS-479, amending Title 18 by the Amendment of Chapter 18.08, to adopt
by reference the Uniform Mechanical Code (1997 Edition).
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None.
April 20,1999 CITY COUNCIL Page 6
29 12. AB #15,153 - FISCAL YEAR 1998/99 BUDGET FOLLOW-UP.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
99-140, establishing a new position and classification of the Public Information
Officer in the management classification and salary plan, authorizing the Mayor
to execute a contract amendment with the Carlsbad Convention and Visitor’s
Bureau; appropriating the necessary funds for these programs and for the
Community Activity Grants Program; and Council established a limited ad hoc
Council committee comprised of Council Members Finnila and Nygaard to study
alternatives for distributing the Community Activity Grants Funds and to return to Council with recommendations. (Council Member Finnila stated she had
previously voted “No” on the Contract Amendment with the Carlsbad Convention and Visitor’s Bureau and wished to reiterate that ‘No” vote. Mayor
Pro Tern Hall stated he had previously voted “No” on the Community Activities
Grant item as it is currently structured, and wished to reiterate that “No” vote.)
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None.
63 13. Al3 #15.154 - COLE LIBRARY RENOVATION ALTERNATIVES.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RJBOLUTION NO.
99-141, accepting the Georgina Cole Library Feasibility Study and approving
alternative “D”, an interim improvement to the existing 24,352 sq. ft. facility,
with a project budget of 1.9 million dollars.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard
None.
For clarification purposes, Council affirmed that staff should look at, and plan for, a new facility in the fidnre.
28 14. AB #15.555 - SISTER CITY COMMITTEE APPOINTMENT.
ACTION: This item was continued.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some committees and
subcommittees of which they are members.
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
April 20,1999 CITY COUNCIL Page 7
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Jim Hagaman Retirement Event, Friday, April 23, 1999, at 6:00 p.m., at the Bellefleur
Restaurant, 5610 Paseo Del Norte, Carlsbad.
Hosp Grove Volunteer Trails Development Project Ribbon Cutting, Saturday, April 24, 1999 at
10:00 a.m., at the Hosp Grove Picnic Area, Comer of Marron and Jefferson, Carlsbad.
Carlsbad Police Volunteer Appreciation Day, Saturday, April 24, 1999, at 11:30 a.m., at the
Carlsbad Public Safety Center, 2560 Orion Way, Carlsbad.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 20, 1999, was adjourned at 8:32 p.m.
Respectfully submitted,
ALETHA L. RAUTENKR4NZ City Clerk
Lorraine M. Wood
Deputy City Clerk