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Home My WebLink About1999-07-27; City Council; Minutes& 0 0 MINUTES MEETING OF : CITY COUNCIL DATE OF MEETING: July 27,1999 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6.00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and Absent: None Kulchin ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: TGIF Jazz in the Parks Concert, Friday, July 30, 1999,6:00 p.m., at Poinsettia Park, 6600 Hidden Valley Road, Carlsbad. City of Carlsbad Commercial Workshop, Monday, August 2, 1999,6:00 p.m., at City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, the Minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held July 6, 1999. Minutes of the Regular Meeting held July 6, 1999. Minutes of the Joint Special Meeting held July 6, 1999. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Hall , Council affirmed the action of the Consent Calendar 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. 1. AB #15,325 - APPROVAL OF EMPLOYEE CAPITAL EQUIPMENT COMMITTEE REQUEST FOR CAPITAL PURCHASES. Council adopted RESOLUTION NO. 99-266, authorizing the purchase of two computers, and appropriating funds. 0 0 July 27,1999 CITY COUNCIL Page 2 PUBLIC COMMENT: Paul Linden, 3940 Monroe, expressed his concerns about the grading being performed in the May Subdivision and the impact on the integrity of his neighborhood. He described the height of the pad elevations and showed pictures comparing them with areas of his neighborhood (a copy of which is on file in the Office of the City Clerk.) Gordon Prentice, 3955 Monroe, living east of the May development, stated that he, too, was concerned with the grading elevations in relation to his property. He expressed concern about possible flooding of his property during the winter rains as a result of this grading. Rudy H. Kempter, 3988 Monroe, stated his concern that the applicant for the new subdivision deceived them during earlier hearings by not revealing his intention to raise the grading elevation by as much as 10 feet. He requested that the City revoke the building permits for the residential development at Park Avenue and Monroe Streets. Ron Ball, City Attorney, gave the history of the project’s approvals, stating that a Planning Commission Public Hearing was held in July 1998 and all neighbors were noticed. It was appealed to the City Council and a Public Hearing was conducted before Council in September 1998. He stated that the City’s legal responsibility is to enforce the conditions of the Tentative Map and the conditions of the grading permit. Principal Civil Engineer, Bob Wojcik, stated that he had visited the subdivision site and had compared the current elevations to the grading plans. He stated that overall the site conforms with the plans but that there were some minor two to three feet reductions in some slopes that are needed. In response to Council inquiry, Mr. Wojcik stated that there are plans to tie Mr. Prentice’s drain pipe to the site’s ditch. He stated that hydrology analysis has confirmed the integrity of the site’s flood prevention using a 50 year standard. Planning Director Michael Holzmiller stated the only discretionary action remaining for the project is the architectural elevations, and the neighbors would once again be noticed of that hearing. 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 6:28 p.m. Council reconvened at 6:29 p.m. with five Council Members present. ADJOURNMENT TO MEETING OF THE MUNICIPAL WATER DISTRICT BOARD. Mayor Lewis adjourned to the Municipal Water District Board at 6:29 p.m. Council reconvened at 6:30 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 3. AB #15,328 - ESTABLISH LOCATIONS ON AVENIDA DE ANITA FOR STOP SIGN INSTALLATION. Bob Johnson, Deputy City Engineer, Transportation, gave a brief background on the proposed ordinance. Gwynne Hodge, 3027 Via Sabinas, spoke in favor of the item, and thanked Council. a 0 July 27,1999 CITY COUNCIL Page 3 John Cortus, 2999 Via de Paz, thanked Council and staff for their work on this project and asked that Council consider placing a “NO U Turn” sign on Via Sorbete’s intersection with Avenida de Anita to prevent east bound vehicles using this as a way of circumventing the “No Left Turn” directions on Carlsbad Village Drive. Council Member Finnila stated that she could support the stops at Calle Susana and De Louisa but not at Via Vera due to the offset alignment. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. require stops on Avenida de Anita at its intersections with Avenida Louisa, Via Naranja, Calle Susana, Via Esparta and Via Vera. -9 NS-500 amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to AYES: Lewis, Hall, Nygaard, Kulchin NOES: Finnila Staff was directed to review the request for a “No U Turn” sign on Avenida de Anita at Via Sorbete. 4. AB #15.329 - ESTABLISH LOCATIONS ON LEVANTE STREET. Bob Johnson, Deputy City Engineer, Transportation, gave a brief background on the proposed ordinance. Sergio Messina, 2714 Levante, spoke in support of this item, and thanked Council and staff for their work on this project. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-501, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Levante at the intersections of Segovia Way, Torrejon Place (east), and Escenico Terrace. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 5. AB #15,326 - MAGNOLIA GARDENS PROJECT - CT 98-12/SDP 98-22. Mayor Lewis and Council Member Nygaard, citing a conflict of interest since they own a residence in the sphere of influence of this project, left the dais at 6:50 p.m. Ron Ball, City Attorney, described the history of this item, referencing the previous public hearing and Council direction to prepare documents of denial. He then referenced the applicant’s subsequent letter with three (3) alternative development proposals stating alternative “A” and “B” are not within the developer’s power to implement. However, if Council wished to have Alternative “C” considered, their action would be to remand it to staff for consideration. Otherwise, Council could adopt the Resolution of denial as presented. Dennis Ferdig, 2505 Congress, San Diego, representing the applicant, requested to work with staff on Alternative “C”, described in his letter to Council (this letter is on file in the Office of the City Clerk). He stated that the proposed alternative would reduce the project density, reduce the number of panhandle lots, would allow public street access, and eliminate the need for property acquisition. e 0 July 27,1999 CITY COUNCIL Page 4 ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 267, as modified by the amendment of Section 5 to read as follows: “The application is remanded to staff for processing in light of comments at the meeting; with instructions to return for future reconsideration at a future Public Hearing before Council.’’ AYES: Hall, Finnila, Kulchin NOES: None. ABSENT: Lewis, Nygaard Mayor Lewis and Council Member Nygaard returned to the dais at 7:OO p.m. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub- committees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of July 27, 1999 was adjourned at 7:07 p.m. Respectfully submitted, &&& &- Q- ALETHA L. RAUTENKRANZ City Clerk Lorraine M. Wood Deputy City Clerk