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MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: August 17,1999
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:OO p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and
Absent: None.
Kulchin
LEGISLATIVE INVOCATION was given by Father Vern Walter of St. Michael’s By the Sea Church.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Hall, Minutes of the following meetings were unanimously approved as
presented:
Minutes of the Special Meeting held August 2, 1999.
Minutes of the Regular Meeting held August 3, 1999.
PRESENTATION:
Bill Dominguez, Chairman of the Sister City Committee, introduced Katerina Soulejova, Karolovy Vary
Student Ambassador.
ANNOUNCEMENT§:
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, August 20, 1999,6:00 p.m., at Calavera Hills Park, 2997
Glasgow, Carlsbad.
Southeast Quadrant Community Forum, Tuesday, August 24, 1999,7:00 p.m., at the Carlsbad City
Chambers, 1200 Carlsbad Village Drive, Carlsbad.
Chamber of Commerce State of the City Luncheon, Wednesday, August 25, 1999, 1 1 :30 a.m., at the Four
Seasons Resort Aviara, 7100 Four Seasons Point, Carlsbad.
TGIF Jazz in the Parks Concert, Friday, August 27, 1999, 6:OO p.m., at Calavera Hills Park, 2997
Glasgow, Carlsbad.
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August 17,1999 CITY COUNCIL Page 2
CONSENT CALENDAR:
Item #6 was removed from the Consent Calendar.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #9, with the exception of Item #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.
1. AB #15,353 - FINAL MAP FOR CARLSBAD TRACT CT 97-14, UNIT 1, MARIANO.
Council adopted RESOLUTION NO. 99-286, approving the final map for Mariano, Unit 1.
2. AB #15,354 - FINAL MAP FOR CARSBAD TRACT CT 92-02 (B), PARKSIDE.
Council adopted RESOLUTION NO. 99-287, approving the final map for Parkside.
3. AB #15,355 - FINAL MAP FOR CARLSBAD TRACT CT 97-15, LOHF PROPERTY.
Council adopted RESOLUTION NO. 99-288, approving the final map for the Lohf Property.
4. AB #15,356 - AUTHORIZING A REFUND TO SEAOUEST, INC.
Council adopted RESOLUTION NO. 99-289, authorizing a refund of business license tax, in
the amount of $1,453.00 to Seaquest, Inc.
5. AB #15.357 - ADDENDUM AND EXTENSION TO AGREEMENT WITH
COMMONWEALTH ENERGY CORPORATION.
Council adopted RESOLUTION NO. 99-290, approving a “Green Power” addendum, to
provide energy from renewable resources, and extension of a Power Services Agreement with
Commonwealth Energy Corporation to provide electric power.
6. AI3 #15,358 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE WIDENING OF
PALOMAR AIRPORT ROAD FROM EL CAMINO REAL TO MELROSE DRIVE, PROJECT
NO. 3602.
This item was removed from the Consent Calendar.
7. AB #15.359 - ACCEPTANCE OF A PROPOSAL FOR RELOCATION SERVICES.
Council adopted RESOLUTION NO. 99-292, accepting a proposal from National Library
Relocations, Inc., and approving a contract for library relocation services for the new Carlsbad
Library.
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August 17,1999 CITY COUNCIL Page 3
8. AB #15,360 - RECLASSIFICATION OF PUBLIC WORKS POSITIONS, AMENDMENT OF
THE MANAGEMENT CLASSIFICATION. SALARY STRUCTURE, AND CONFLICT OF
INTEREST CODE.
Council adopted RESOLUTION NO. 99-293, reclassifying seven Public Works positions,
deleting specific management classifications, establishing new classifications for Public Works
Supervisor and Senior Engineer, amending the Management Salary Structure and Conflict of
Interest Code, and adjusting the budget and payment allocations to PERS.
9. AB #15.361- AUTHORIZATION TO PURCHASE OFFICE FURNITURE FOR THE
FARADAY BUILDING PROJECT.
Council adopted RESOLUTION NO. 99-294, authorizing the Purchasing Officer to issue a
purchase order to Office Pavilion for the acquisition and installation of office furniture for the
Faraday Building Project.
ITEM REMOVED FROM THE CONSENT CALENDAR:
6. AI3 #15,358 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE WIDENING OF
PALOMAR AIRPORT ROAD FROM EL CAMINO REAL TO MELROSE DRIVE. PROJECT
NO. 3602.
Council Member Nygaard expressed concern about the purchase of necessary right-of-way property for
the Palomar Airport widening project. She stated that the there is a maximum that the City may
contribute toward the purchase of this property and she is concerned that if the additional funding is not
obtained, the road would be torn up two times.
In response, Lloyd Hubbs, Director of Public Works, stated that he had received a letter from the owner
of the right-of-way property stating that the owner was willing to pay the appraisal fee of $3 1,000, or
more, and Mr. Hubbs indicated that there is also a mechanism for reimbursement to ensure completion of
the improvements.
ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION
NO. 99-291, approving plans and specifications and authorizing the City Clerk
to advertise for bids for the widening of Palomar Airport Road from El Camino
Real to Melrose Drive.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
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August 17,1999 CITY COUNCIL Page 4
ORDINANCES FOR ADOPTION:
10. AB #15,369 - ZC 98-10LCPA 98-07KT 98-17/HDP 98-17/CDP 98-74 - HADLEY
PROPERTY.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO.
amending the zoning map to grant a zone change and local coastal program
amendment to change the zoning from L-C to R-1-7,500-Q on property
generally located on the east side of Black Rail Road, south of Poinsettia Lane
and north of Aviara Parkway, in Local Facilities Management Zone 20.
-7 NS-502 amending Section 21.05.030 of the Carlsbad Municipal Code, by
AYES: Lewis, Hall, Nygaard, Kulchin
NOES: Finnila.
Council Member Finnila stated that she could not support this item because of the panhandle lot.
11. AB #15,371 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF
JACKSPAR DRIVE.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO.
the addition of Section 10.44.600, to establish a 35 mile per hour prima facie
speed limit upon Jackspar Drive, from Camino Hills Drive to its intersection
with El Camino Real.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
-9 NS 504 amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by
12. AB #15,370 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF
CAMINO HILLS DRIVE.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO.
NS-503, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by
the addition of Section 10.44.610, to establish a 35 mile per hour prima facie
speed limit upon Camino Drive, from Faraday Avenue to its intersection with
Browning Road.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
Citing possible conflict of interest on Public Hearing Items #13 and #14, Council Member Kulchin left
the dais at 6: 15 p.m.
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August 17,1999 CITY COUNCIL Page 5
13. AB #15,363 - SDP 98-04/CDP 98-66 - KELLY RANCH APARTMENT PROJECT.
Associate Planner Christer Westman, presented the staff report describing the 494 unit project that
incorporates 132 affordable housing units. He stated that the units would be managed by Archstone
Communities.
In response to Council inquiry, staff responded that the affordable apartments would be available for
lease for a period of 55 years.
Mayor Lewis opened the duly noticed Public Hearing at 6:20 p.m.
John Ludke, representing Archstone Communities, 217 Technology Drive, Imine, presented an overview
of the project’s features such as a view oriented site plan, Mediterranean style architecture, ornamental
gates, clubhouse, four building colors, window boxes, broken roof lines, and accent landscaping. He
stated that the affordable housing units are mixed throughout the 26 building project, are
indistinguishable fi-om market units, and contain all the same appliances and fixtures.
Upon inquiries fi-om Council, Mr. Ludke noted that the colors of the units are muted, that there is no
elevator for the complex, that unit management will be on site, and that the project has set aside land for
daycare use.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 6:35 p.m.
City Attorney Ron Ball stated that the Disclosure Statement fi-om Archstone, which should have been
submitted with the application, had arrived prior to the Hearing and that his review had shown the
applicant has no conflict of interest. This document is on file in the City Clerk’s Office.
The Mayor asked about the future possibility of the apartments’ conversion to Condominiums and staff
responded they would not meet the requirements for conversion.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- - 296, approving a Site Development Plan and Coastal Development permit for a
494 unit apartment project on 36.3 acres of land generally located south of
Cannon Road and east of Faraday Avenue in Local Facilities Management Zone
8.
AYES: Lewis, Hall, Finnila, Nygaard
NOES: None.
ABSENT: Kulchin
14. AB #15,364 - PUD 98-04 - KELLY RANCH AREA “I”.
Christer Westman, Associate Planner, presented the staff report detailing the 71 single family unit
residential project.
Council inquired about the location of trails in relation to this project and Mr. Westman pointed out that
the trail runs west along Cannon Road and adjacent to Area “J”, and will follow the street or sidewalk.
Council also questioned why the lots were smaller in size than other developments. Mr. Westman
explained that the topography of the terrain and grading changes prohibited use of all the land available
in the project.
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August 17,1999 CITY COUNCIL Page 6
Mayor Lewis opened the duly noticed Public Hearing at 6:47 p.m.
Russ Haley, representing Shea Homes, 10721 Trina Street, San Diego, stated he was available to respond
to questions fi-om Council.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 650 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- 297. a Planned Unit Development for 155 single family homes on lots ranging in
size from 5,096 to 20,655 square feet, on property generally located south of
Cannon Road and east of future Faraday Avenue in Local Facilities Management
Zone 8.
AYES: Lewis, Hall, Finnila, Nygaard
NOES: None.
ABSENT: Kulchin
Council Member Kulchin returned to the dais at 6:5 1 p.m.
ITEM TAKEN OUT OF ORDER:
The following item was taken out of order and heard at this time:
16. AB #15.366 - HOLD HARMLESS AGREEMENTS FOR TREE REMOVAL ON CHARLEEN
CIRCLE.
The staff report was given by the Director of Public Works Lloyd Hubbs and the Manager of Public
Works Doug Duncanson, both describing and depicting the street and sewer damage on Charleen Circle.
Mr. Hubbs stated that the replacement and repair of the curb and street on Charleen Circle will cause a
substantial amount of root elimination of the large Tipuana trees that are planted close to curb and street.
This root elimination may cause the trees to weaken and fall. He further stated that the Hold Harmless
Agreements were drafted, as recommended by the Parks and Recreation Commission, to hold the City
harmless from any personal or property damage from trees that are not removed.
In response to Council inquiry, Mr. Hubbs responded that sewer repair is necessary due to root intrusion
and that some of the laterals come very close to the trees. He also stated that two driveways are due to
be replaced because of damage. He stated that the sensitive nature of this matter has delayed the repairs.
He also stated that staff would not recommend vacating the street as the City would still be responsible
for maintaining sewer and water lines and utility easements. He also responded that staff could not
recommend reducing the street from 32 feet to 24 feet, which would eliminate parking on street and
cause safety concerns.
Mr. Duncanson stated that staff is recommending a transition plan, to be able to work to save some of the
trees. He stated that an arborist has suggested some redesign of the repairs, and a program for a gradual
twenty year tree replacement phasing plan, and that staff would like time to work out a compromise
solution.
Steve Holcomb, 425 1 Sandburg Way, Imine, consultant for Pacific Rim Aboricultural Consulting and a
Certified Aborist, stated that the tree situation on Charleen Circle is an opportunity to replace older trees
with younger trees, creating an age diverse tree population. Mr. Holcomb referred to his letter of August
1 1, 1999 (this letter is on file in the City Clerk’s Office), stating that he believes that there needs to be a
compromise between staff and the Charleen Circle homeowners. He stated that it is possible for street
repair to take place and 70 to 80 percent of the current tree population to be retained.
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August 17,1999 CITY COUNCIL Page 7
Gordon Baker, 2035 Charleen Circle, recommended against the signing of the Hold Harmless
Agreements. He asked that the Hold Harmless Agreements be rescinded. He also stated that the streets
need repair and requested the matter be referred back to staff. He also referenced his letter dated August
12, 1999, and petitions to save the trees. (Both of these documents are on file in the City Clerk’s Office.)
Zell Dwelley, 2771 Wilson Street, spoke in favor of finding ways to save the trees. She also spoke in
opposition to the Hold Harmless agreements due to the burden on the homeowners.
Ruth E. Wheeler, 203 1 Charleen Circle, stated she is encouraged by the recent discussions with staff
concerning the repair of the street. She stated that if the City requires the Hold Harmless Agreements,
only four trees will be left on the street. She asked if it is the City’s intention to turn over the liability for
the trees to the citizens. Ms. Wheeler referred to her report, dated August 16, 1999, detailing the
research that she had performed on the trees and the repair work to be performed on Charleen Circle (this
report is on file in the City Clerk’s Office.) She also outlined the alternatives contained in her report.
Cindy Bacon, 2800 Wilson Street, encouraged the City to retain the trees, to maintain property values
and to maintain the character of the area.
Gary Piro, 2641 Valewood Avenue, owner of Piro Engineering, San Marcos, volunteered his engineering
services to preserve the trees. He stated that tree removal would encourage an increase in traffic speed.
He also recommended books on methods to preserve urban trees such as Residential Streets, and Streets
and the ShaDing: of Towns and Cities (excerpts are on file in the City Clerk’s Office). He stated that Ruth
Wheeler’s suggestion of concrete pavers is a good method of tree preservation as well as such methods
as routing the curb around tree roots or parking on a raised area of dirt. He stated that he does not
believe the Hold Harmless Agreements are the solution to the Charleen Circle street repair.
Peter Liss, 2034 Charleen Circle, stated his belief that if the City harms the trees they will be liable under
the California Environmental Quality Act (CEQA). He stated that the City has not addressed such
impacts as community integrity, traffic and safety. He also stated an Environmental Impact Report (EIR)
must be performed by the City before the trees are cut down.
Nancy Chartier, 2697 Wilson Street, reading from a letter to the Mayor, dated August 17, 1999, spoke in
favor of saving the trees.
Mary Jean Wood, 3280 Donna Drive, spoke in support of letting the trees remain and having the City
maintain them. She stated that the City should trim and maintain the trees yearly, and also expressed
opposition to the Hold Harmless agreements.
Bob Edie, 3400 Seacrest Drive, detailed the history of a Hold Harmless Tree Agreement he had signed
two and one-half years ago when street improvements were installed on Seacrest Drive. He requested
that the City rescind the Hold Harmless Agreements he and his neighbors had signed. He also inquired
why Seacrest Drive was not part of the Council discussion.
Conrad DeFlan, 1608 Lake Street, Cardiff, owner of property in Carlsbad, asked how many houses are
affected by this action and questioned what is the quantity of traffic per home that a 24 foot wide street
can support.
Don Christiansen, 37 15 Longview Drive, discussed the differences between tree and street maintenance
in Carlsbad and in other areas such as Boston. He stated he is discouraged by trees being cut down and
replaced with smaller streets. He read from Tree Guidelines for San Joaauin Valley Communities
discussing how trees ultimately pay for themselves and increase residential value. He encouraged the
City and homeowners to continue to work together for a mutual solution.
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August 17,1999 CITY COUNCIL Page 8
Greg Wheeler, 203 1 Charleen Circle, stated that he appreciated how the homeowners of Charleen Circle
are working together with staff on compromise solutions to save the trees.
In response to citizen inquiry, Public Works Director Lloyd Hubbs stated that there are nine home on the
street that would be affected. He stated that narrowing the street width to 24 feet would allow only two
travel lanes, no on street parking, and would affect the safety of ingress and egress to driveways and
emergency vehicle access.
In response to citizen inquiry concerning CEQA requirements, City Attorney Ron Ball stated that all City
Public Works projects go through the CEQA process, however, that maintenance projects are exempted
by State Law.
In response to citizen inquiry, Public Works Manager Doug Duncanson explained that the street repairs
on Charleen Circle were more sensitive, because the trees are more endangered by improvements, than
those on Seacrest Drive.
ACTION: On a motion by Council Member Finnila, Council directed staff to work with the
residents and an arborist to develop a transition plan for the trees on Charleen
Circle, which would also allow some repairs to the curbs and streets, and
directed staff to review the requirements for Hold Harmless agreements and
determine whether they are necessary under the transition plan.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
RECESS:
Mayor Lewis called a recess at 8:15 p.m. and Council reconvened at 8:25 p.m. with Mayor Lewis and all
four Council Members present.
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Board at 8:25 p.m. Council
reconvened at 857 p.m. with Mayor Lewis and all four Council Members present.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Mayor Lewis adjourned to the Housing and Redevelopment Commission at 858 p.m. Council
reconvened at 9:14 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #15.365 - AGREEMENT AND CHANGE ORDER FOR THE COLE LIBRARY
REMODEL, PROJECT NO. 33841.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
99-298, approving an agreement with McGraw - Baldwin Architects and
authorizing the Purchasing Officer to issue a change order with Yamada
Enterprises for the Cole Library Remodel Project.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
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August 17,1999 CITY COUNCIL Page 9
16. AB #15,366 - HOLD HARMLESS AGREEMENTS FOR TREE REMOVAL ON CHARLEEN
CIRCLE.
This item was taken out of order and heard earlier in the meeting (see page 6).
17. AB #15.367 - ANNUAL REPORT ON CITY INVESTMENT PORTFOLIO.
Council received the City Treasurer's annual report on the Status of the City Investment
Portfolio.
18. AB #15,368 - DESIGN REVIEW BOARD APPOINTMENT.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
99-300, appointing Tony Lawson, to serve on the Design Review Board, as a
Village Business Owner Representative.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
COUNCIL REPORTS AND COMMENTS:
None.
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of August 17, 1999, was adjourned at 950 p.m.
Respectfully submitted,
Lorraine M. Wood
Deputy City Clerk