HomeMy WebLinkAbout1999-07-06; City Council; Minutes (3)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 6,1999
TIME OF MEETING: 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: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and
Kulchin
Absent: None.
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Hall, the Minutes of Regular Meeting held June 8, 1999, were
unanimously approved as presented.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent
Calendar, Items #I through #8, with the exception of Item #4, 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.
8 1 1. AB #15.285 - ACCEPTANCE OF CONTRIBUTION.
Council adopted RESOLUTION NO. 99-236, accepting a contribution from the California
DARE Officers' Association in support of the City's Drug Abuse Resistance Education Program
(DARE), and appropriating the funds.
3 9 2. AB #15.286 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City's investment
portfolio as of May 3 1, 1999.
74 3. AB #15,287 - RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE.
45
Council adopted RESOLUTION NO. 99-237, approving the renewal of an insurance policy
with Employers Reinsurance for the City's Excess Workers' Compensation Insurance Coverage.
July 6, 1999 CITY COUNCIL Page 2
68 4. AB #15,288 - CARLSBAD CONVENTION AND VISITOR'S BUREAU REPORT.
This item was removed from the Consent Calendar.
70 5. AB #15.289 - AWARD OF CONTRACT FOR INFIELD DRAINAGE AT STAGECOACH
4 5 PARK, CONTRACT NO. P02-99.
Council adopted RESOLUTION NO. 99-238, accepting the bid and approving a contract with
Ahrens Corporation for the installation of infield drainage on the baseball fields at Stagecoach
Park.
74 6. AB #15.290 - APPROVAL OF REVISED SALARY SCHEDULE FOR CLASSIFICATIONS
REPRESENTED BY CARLSBAD POLICE OFFICERS ASSOCIATION.
Council adopted RESOLUTION NO. 99-239, approving a revised Salary Schedule effective
July 1, 1999, for classifications represented by the Carlsbad Police Officers7 Association.
7 4 7. AB #15.291 - ESTABLISHMENT OF MANAGEMENT INTERN CLASSIFICATION.
Council adopted RESOLUTION NO. 99-240, creating the classification of management intern
and establishing a salary range.
9 7 8. AB #15,292 - AMENDMENT TO AGREEMENT WITH RECON ENVIRONMENTAL, INC.
4 5 FOR CONSTRUCTION MONITORING FOR FARADAY AVENUE, PROJECT NO. 3593.
Council adopted RESOLUTION NO. 99-241, approving Amendment No. 1 to an agreement
with Recon Environmental, Inc. for construction monitoring for Faraday Avenue.
ANNOUNCEMENTS:
Mayor Lewis announced that the Barbara Ladwig and John Jones were selected by the Citzens'
Committee as the 1998 Carlsbad Citizens of the Year.
Jill Prichard, Recreation Supervisor, announced that the Carlsbad Triathlon will be taking place Sunday,
July 1 1, 1999 and that there would be Festival and Expo on Saturday, July 10, 1999, featuring a women's
surf contest.
ITEM REMOVED FROM THE CONSENT CALENDAR:
4. AB #15.288 - CARLSBAD CONVENTION AND VISITOR'S BUREAU REPORT.
Steven Link, representing the Carlsbad Convention and Visitor's Bureau, reported on the seven
travel shows attended by ConVis, journal articles about Legoland and the increase in Web Site
and phone activity co-relating with the opening of Legoland.
ACTION: Council accepted the Carlsbad Convention and Visitor's Bureau report for the
period ending April 30, 1999.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
July 6,1999 CITY COUNCIL Page 3
ORDINANCES FOR ADOPTION:
96 9. AB #15.294 - INSTALLATION OF STOP SIGNS ON STREETS THAT INTERSECT
LEVANTE STREET.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-
496, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, by the -
addition of Section 10.28.460, requiring stops for streets intersecting Levante
Street.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
10. AB #15.295 - ESTABLISHMENT OF AN ALL WAY STOP SIGN AT POINSETTIA LANE
AND PASEO ESCUELA.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-
497, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the -
addition of Chapter 10.28.470, requiring all way stop signs at the intersection of
Poinsettia Lane at Paseo Escuela.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
11. AB #15,296 - AMENDMENTS TO PURCHASING REGULATIONS.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-
495, amending Title 3, Chapter 3.28, Sections 3.28.090 and 3.28.172 of the -
Carlsbad Municipal Code, revising the purchasing procedures regarding bidding,
and approval of agreement extensions by the City Manager.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
PUBLIC COMMENT:
Audrey Thornton, 6343 Paseo Corono, expressed her concern about the Carrillo Ranch Park six foot
perimeter wall currently under construction. She stated that the wall will obscure the beauty of the area
as well as deter use of the trails and park. She asked that the project be put on hold until there can be a
second public hearing to receive input from the new residents in the area.
Nanette Muirhead, 6347 Paseo Corono, stated that she, too, is concerned about the wall being
constructed around the Carrillo Ranch Park and its border along one side of the nature trail. She asked to
have a voice in the design and construction of the wall.
John Kern, 1158 State Street, Suite 120, San Diego, stated he represents a North County consortium of
members of the San Diego Water Authority who have formed an Economic Study Group to study water
rates in the County. He discussed an editorial from the North County Times, dated May 20,1999, and
report (both on file in the Office of the City Clerk) that discussed the discrepancy in rates throughout the
county. He asked for Council support on the findings of his group's report.
July 6,1999 CITY COUNCIL Page 4
Mayor Lewis stated the San Diego County Water Authority is also doing a study, and he would prefer
that both groups make a presentation to Council on their findings, at the same meeting, when their
reports are finalized.
Responding to inquiry concerning the construction of the Carrillo Ranch Park wall, Ken Price, Director
of Parks and Recreation, stated that part of the concrete foundation of the wall at the Park has been
poured and the contractor has three months to complete the project.
Council requested a full report on the history and the issues of the Carrillo Ranch Park perimeter wall be
placed on the next weeks agenda.
RECESS:
Mayor Lewis declared a recess at 6:43 p.m., Council reconvened at 6:46 p.m. with Mayor Pro Tern Hall,
Council Members Finnila and Kulchin present and Mayor Lewis and Council Member Nygaard, citing
possible conflict of interest on item #12, absent.
PUBLIC HEARINGS:
12. AB #15.297 - CT 98-12/SDP 98-22 - MAGNOLIA GARDENS.
Don Neu, Senior Planner, presented the staff report describing the property and the proposed project.
Mayor Pro Tem Hall opened the duly noticed Public Hearing at 7:06 p.m.
Dennis Ferdig, 2505 Congress, Suite 21 10, San Diego, representing the applicant, Pacific Scene,
described the physical shape of the property and agreements made with adjacent property owners to
accommodate the project. He expressed agreement with the conditions imposed and asked for project
approval.
Bridget Dolkas, 1694 Chestnut Avenue, proposed that the lot sizes of Magnolia Gardens site be tied to
the average of the lot sizes in a three block radius of the project. In addition, she asked that the house to
lot ratio be similar to the average of the neighborhood. Ms. Dolkas stressed that the new development
should reflect the adjacent neighborhood and hoped that the project would preserve the integrity of the
neighborhood.
Paul Riha, 3546 Highland Drive, expressed his concerns about the overdevelopment, the traffic, and
changing the face of the neighborhood. He stated that he is also concerned about the proposed 150 foot
length driveway and the location of second dwelling units.
Jennie Dolkas, 1608 Hemlock, expressed agreement with the comments of the previous two speakers.
Marjorie Young, 3580 Highland Drive, expressed her concern about the traffic at the Magnolia School
and the abilities of homeowners in this project to access their properties.
Seeing no one else wishing to testify, Mayor Pro Tem Hall closed the Public Hearing at 7:22 p.m.
Council Members expressed concern about emergency access, the number of second units, and the
panhandle configuration.
July 6,1999 CITY COUNCIL Page 5
ACTION: On a motion by Council Member Finnila, Council directed the City Attorney to
return with documents denying, without prejudice, the Magnolia Gardens
project.
AYES: Hall, Finnila, Kulchin
NOES: None.
ABSENT: Lewis, Nygaard
RECESS:
Mayor Pro Tern Hall declared a recess at 7:30 p.m. and reconvened at 7:32 p.m. with all Council
Members present.
13. AB #15.298 - ZC 98-1 1JLCPA 98-08 - CARNATION PROPERTY
Christer Westrnan, Associate Planner, gave the staff report for the project, describing the Zone Change
and Local Coastal Program Amendment request.
In response to inquiry, Mr. Westrnan discussed the letter dated July 6, 1999, (this letter is on file in the
Office of the City Clerk) from Mr. Guy Moore concerning the construction of a six foot wall blocking
Mr. Moore's view. Mr. Westman stated that he has visited Mr. Moore's residence and although the view
at the driveway would be blocked by a six foot wall, the view from Mr. Moore's house will not be
blocked. However, he stated the design of the wall will be deferred until the Site Development Plan is
reviewed. Council Members requested staff to consider (during the Site Development Plan review) the
possibility of there being a wrought iron fence with plants or vines rather than a solid wall.
Mayor Lewis opened the duly noticed Public Hearing at 7:36 p.m.
Jack Henthorn, 5375 Avenida Encinas, Suite D, representing the applicant, Spectrum Communities,
L.L.C., asked for approval of the Planning Commission's recommendation.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 7:37 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO.
NS-498, a Zone Change and Local Coastal Program Amendment changing the
property's zoning from Limited Control (LC) to One Family Residential (R-1-Q)
on property generally located west of Black Rail Road and north of Aviara
Parkway, in Local Facilities Management Zone 20; and,
adopted RESOLUTION NO. 99-244, approving a Mitigated Negative
Declaration for ZC 98-1 l/LCPA 98-08.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: 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 7:40 p.m. Council reconvened at 7:42 p.m. with five Council Members present.
July 6,1999 CITY COUNCIL Page 6
ADJOURNMENT TO MEETING OF THE MUNICIPAL WATER DISTRICT BOARD.
Mayor Lewis adjourned to the Municipal Water District Board at 7:42 p.m. Council reconvened at
8:25 p.m. with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
104 15. AB#15,300 - SAN DIEGO GAS & ELECTRIC REPORT ON ALTERNATIVE FUEL VEHICLES.
Regional Public Affairs Manager Frank Urtasun, Reesa Barron, and Joe Sirnrad, of San Diego
Gas and Electric, gave a report on Alternative Fuel Vehicles and potential partnership
opportunities and fbnding sources available to the City.
16. AB# 15.30 1 - FOLLOW-UP REPORT ON COMMERCIALNISITOR-SERVING OVERLAY
ZONE - ZCZ 98-01.
Eric Munoz, Associate Planner, gave the staff report explaining several follow up items from the
May 18, 1999, Council Meeting on the CommercialNisitor-Serving Overlay Zone. He detailed
the following list of follow up item tasks:
1. Revision of current "basement" definition.
2. Amend Carlsbad Ranch Specific Plan to:
a. Make Council final decision maker for commercial, visitor-serving
projects.
b. Add the enforcement provisions of the Overlay Zone.
3. Establish project site notification citywide into Section 21.54 of the Municipal Code.
4. Establish pre-filing submittal process citywtde into Section 2 1.54 of the Municipal
Code.
5. Secure Coastal Permit Authority for the Agua Hedionda Lagoon LCP from the
Coastal Commission.
6. Sign Ordinance modification.
Mr. Munoz also detailed the contents of his memorandum dated June 16, 1999, in response to
the Mayor's request for staff to present trip generation rates relative to office and commercial
developments specific to the five acre parcel at the southeast comer of Poinsettia Lane and 1-5.
John Edwins, P.O. Box 2488, Del Mar, Pacific Development Partners, spoke in favor of retaining
the existing neighborhood/commercial zoning on the five acre parcel. He cited statistics
regarding the number of trips per day considering such items as linkage trips, a 50,000 square
foot project (versus 89,211 square feet), and capacity of Poinsettia versus current load. Mr.
Edwins concluded stating that in the past 12 years, the project has gone to Council 9 times and
has always had the commercial designation.
Peter Walsh, 2885 Sanford Lane, representing Caroline Smith, , owner of the five acre lot,
requested the Council to retain the zoning designation as neighborhood/commercial.
Bill Neese, 1436 Willowgreen Court, Encinitas, real estate broker representing Ms. Carol Smith,
stated that the proposed neighborhood/commercial zoning designation would allow retail food,
pharmaceutical, and sundries businesses to meet the needs of the area. He requested that Council
continue to support the neighborhood/commercial zoning designation.
July 6,1999 CITY COUNCIL Page 7
Leonard Martyns, 7304 Lantana Terrace, representing a committee of the Seacliff Homeowner's
Association expressed his concern over the traffic circulation and safety issues that would be
generated by a neighborhood/commercial development in the area. He stated that if the land is to
be developed, the Association is in favor of an office zoning designation and that the residents of
Seacliff understand the impact of peak hour traffic that will be generated by the office zoning
preference.
ACTION: On a motion by Mayor Pro Tem Hall, Council directed staff to proceed with
working on follow up tasks # 1,2,3, and 4 and that items #5 and 6 be brought for
consideration at Council's goal-setting workshop.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
Mayor Pro Tern Hall, stated for the record that he does not support directing staff to work on
items #3 and 4.
ACTION: By consensus, Council directed staff to return with a report on the vacant five
acre pad designated for commercial use located at the southeast comer of 1-5 and
Poinsettia Lane, considering potential impacts of neighborhood~commercial
zoning and of office zoning.
17. AW15.302 - HISTORIC PRESERVATION COMMISSION APPOINTMENT.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
246. re-appointing John Jones to the Historic Preservation Commission.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Calle Barcelona Pedestrian Bridge Dedication, Thursday, July 8, 1999,5 :30 p.m. to 7:30 p.m., at The
Valley Club (La Costa Valley) on Calle Barcelona, Carlsbad.
Carlsbad Triathlon, Sunday, July 11, 1999, 8 a.m., at Tamarack State Beach, Carlsbad.
La Costa Glen New Resident Brunch, Sunday, July 11, 1999, 11 :30 a.m., at Four Seasons Resort Aviara,
7100 Four Seasons Point, Carlsbad.
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.
a
July 6,1999 CITY COUNCIL Page 8
CITY ATTORNEY COMMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 6, 1999, was adjourned at 950 p.m.in memory of Nate
Stevens, long time Carlsbad resident, who passed away recently.
Respectfully submitted-
ALETHA L. RAUTENKRANZ
City Clerk
Lorraine M. Wood
Deputy City Clerk