HomeMy WebLinkAbout1999-09-28; City Council; Minutes1. 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 28,1999
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
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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.
APPROVAL OF MINUTES:
None.
PRESENTATION:
Bonnie Dominquez, 4378 Adams, Director and Education Services Co-ordinator of the Friends of
Carrillo Ranch announced the winners of the Children’s Art Contest:
Aviara Oaks - Kim Fisher, Alex Osbome, R. J. Ravicumi, Travis Simpson
Hope Elementary - Marina Dawson, Nancy Dubois, Daniel Mason
Pine Elementary - Christopher Bonne, Justin Lanie, Guadalupe Reyes, Sylvia Valenzuela
St. Patrick’s - Ashley York
CONSENT CALENDAR:
Kulchin
Item #1 was removed from the Consent Calendar.
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #6, with the exception of Item #1, 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 #15.407 - ACCEPTANCE OF DONATION.
This item was removed fiom the Consent Calendar.
2. AB #15,408 - REPORT ON CITY INVESTMENTS.
Council accepted a report from the City Treasurer on the status of the City’s investment portfolio
as of August 3 1, 1999.
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September 28,1999 CITY COUNCIL Page 2
3. AB #15,409 - FINAL MAP FOR CARLSBAD TRACT 97-17. AVIARA - PHASE 111, P.A. 19.
Council adopted RESOLUTION NO. 99-440, approving the final map for Aviara - Phase 111,
P.A. 19.
4. AB #15,410 - MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE
OFFICER PROGRAM.
Council adopted RESOLUTION NO. 99-441, approving a Memorandum of Understanding with
the San Dieguito Union High School District for the School Resource Officer (SRO) Program for
school year 1999-2000.
5. AB #15,411- APPROVAL OF AGREEMENT TO ACCEPT FUNDS FOR AN ARTS
EDUCATION GRANT WITH THE CARLSBAD UNIFIED SCHOOL DISTRICT.
Council adopted RESOLUTION NO. 99-442, authorizing an agreement with the Carlsbad
Unified School District (CUSD) to accept a portion of an arts education grant awarded to CUSD
by the California State Board of Education.
6. AB #15.412 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE INSTALLATION
OF CENTRALIZED WIRELESS REMOTE LIGHTNG CONTROL SYSTEM AT VARIOUS
LOCATIONS. CONTRACT NO. POO-01.
Council adopted RESOLUTION NO. 99-443, approving plans and specifications, and
authorizing the City Clerk to advertise for bids for the installation of a centralized wireless
remote lighting control system at various sports locations.
ITEM REMOVED FROM THE AGENDA:
1. AB #15.407 - ACCEPTANCE OF DONATION.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 99-339, accepting a donation from Vest-A-Dog for four K-9 body armor
vests valued at $1,900.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
PUBLIC COMMENT:
Inez Yoder, 7304 Borla Place, stated that she wished to clarify her comments fiom the previous meeting.
She stated that the Habitat Management Plan must function as a living document and, until there is
implementation and management, the plan is not dynamic. She stated that a functioning preserve is the
goal of the plan. Ms. Yoder’s comments are contained in a handout dated September 21, 1999, on file in
the City Clerk’s Office.
Christine Gaare, 2865 Wilson Street, questioned why the presentation by Citizens for the Protection of
Olde Carlsbad was a departmental report rather than a Public Hearing. She stated that she wanted the
citizens to talk about their petition and their concerns.
Council assured Ms. Gaare that after the report on this item, citizens would be allowed five minutes each
to speak.
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September 28,1999 CITY COUNCIL Page 3
PUBLIC HEAFUNG:
7. AB #15,4 13 - ZCA 99-06LCPA 99-04 - APPELLATE PROCEDURES
Mayor Lewis opened the duly noticed public hearing at 6: 12 p.m.; seeing no one wishing to testify, the
public hearing was closed at 6: 12 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
99-444, approving a Zone Code Amendment to all segments of the City’s Local
Coastal Program to clarify the burden of proof regarding appeals of planning
matters City wide; and
Council introduced ORDINANCE NO. NS-506, amending various Sections of
Title 2 1 of the Carlsbad Municipal Code relating to appellate procedures
regarding burden of proof upon appeal of planning matters.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #15,414 - PRESENTATION BY CITIZENS FOR THE PRESERVATION OF OLDE
CARLSBAD.
Gary Piro, 2641 Valewood Avenue, representing the group Citizens for the Preservation of Olde
Carlsbad (CPOC), stated his group wants to preserve the narrow, meandering, tree lined neighborhood
streets of the City. He stated he would like the City to designate Olde Carlsbad as a special overlay area,
citing this area would be safer, cost less to maintain, and would reduce exposure to litigation.
He stated that the best communities, with tree-lined streets, were created before the adoption of street
standards in 1966, which required wider streets with curbs and gutters. Mr. Piro also reported that 50%
more accidents occw on wider roads, than on roads without curbs and gutters.
Mr. Piro then presented slides depicting neighborhoods and roads in Europe, New England, Virginia,
Rancho Santa Fe, Solana Beach, Encinitas, Del Mar and La Jolla that typify the old neighborhood look
and feel.
Linda Romero, 2425 Mulberry Avenue, Riverside, Urban Forester, Department of Forestry, Southern
California, described southern California as a desert ecosystem with relatively low biomass. She
explained that a good way to mitigate the impact of urban stone, metal and concrete is to plant trees. She
also stated that the greater the area of asphalt the greater the storm runoff of harmful chemicals to the
ocean. Ms. Romero stated that the value of trees is in the prevention of water runoff, the decrease of
smog and temperature, the increase of property values, the attraction of visitors and businesses, and the
privacy and relaxation they provide.
In response to Council inquiry, Ms. Romero stated that she had not reviewed the City’s Landscape
Manual and that the purpose of her job was to provide technical assistance on forestry issues and
information regarding grants to cities. She stated that she likes to see cities be pro-active in reviewing
their current landscape policies and ordinances, and appoint Tree Advisory Committees to conduct the
review.
John McGill, 4340 Highland Drive, stated he has 40 trees on his property, that he can not afford to pay
for the curb and gutter improvements, and that he is in favor of the preservation of old Carlsbad.
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September 28,1999 CITY COUNCIL Page 4
Girard W. hear, 3747 #44 Vista Campana, Oceanside, stated that the City exists to provide a safe
environment for its citizens and that he is in favor of sidewalks on City streets for safety reasons. He
added that children walking to and from school in Carlsbad, should have sidewalks, not ditches, to walk
on.
Gary Teem, 3890 Highland Drive, questioned the consistency of permit requirements in his
neighborhood. He stated that he is being charged for sidewalk construction and he cited several
neighbors that were not charged this fee, or required to put in the improvements.
Eric Heald, 3226 Highland Drive, read from a letter , dated September 28, 1999, from the Building
Industry Association of San Diego County (this letter is on file in the City Clerk’s Office) asking that the
City consider community street and landscaping requirements when reviewing policies for dedications
and related public improvements, and that the City review the threshold fee of $50,000 for construction of
public improvements. He stated that he recently purchased his property on Highland Drive, and that he
enjoys streets without sidewalks, and that children can safely walk along the sides of the streets.
Ross Cirrincione, 207 1 Janis Way, asked if the present plan is meeting the unique needs of old Carlsbad
by removing trees without notice and installing sidewalks too close to homes. He stated that the contract
for sidewalk improvement leaves an open-ended amount to be charged to the homeowner. He stated he
wants tree removal and sidewalk installation stopped as it will negatively impact the resale value of these
properties.
Doug Chartier, 2697 Wilson Street, urged the adoption of an emergency ordinance in an effort to slow the
improvement process and to allow for a study regarding the trees, sidewalks, gutters and curbs in
Carlsbad. He stated he enjoys the animals and birds in his neighborhood and prefers curving, rural streets
to linear streets, and does not view “street improvements” as improvements.
Joyce Kennedy, 925 Begonia Court, stated she is in favor of leaving trees in place and that street
expansion will increase noise pollution, and will result in loss of property value in these neighborhoods.
Zell Dwelly, 2771 Wilson Street, expressed concern with the policies impacting old Carlsbad, and stated
she is in favor of preserving the rural nature of this area. She stated that drivers are more cautious in
these rural streets, and that many children and adults walk in the area safely. She requested that she and
her neighbors not be held hostage to pay for street improvements that they do not want.
Allen J. Manzano, 1250 Hoover Street, stated that he believes the City does not inform its citizens about
its plans, that Engineering has too much authority and that there is inconsistency in application of policies
and criteria. He stated that there is no adequate process for appeal, that the citizens feel powerless and
coerced to pay a lot of money for improvements they do not want and can not afford.
Steve Ford, 3869 Woodview Drive, stated that the quality of life is ebbing away in Carlsbad and that he is
not in favor of sidewalks. He stated that he was required to sign an agreement to obtain a permit for his
remodel, however, he requested that his street be added to the list of those where improvements would
not be required.
Gordon Prentice, 3955 Monroe Street, urged that the ambiance of old Carlsbad be maintained and stated
that new homes in the area are not fitting into the style of the old neighborhoods. He also stated that
sidewalks had been requested on Monroe Street only to allow children to walk to and from school.
Robert Nanniga, 1928 Leucadia Scenic Court, Encinitas, representing the San Diego Chapter of the Sierra
Club, asked that trees not be removed. He stated that he supports the residents of old Carlsbad and that
he is not in favor of removing trees to widen roads and build sidewalks.
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September 28,1999 CITY COUNCIL Page 5
Jan Kasa, 973 Knolls, stated that she is in favor of preserving neighborhood trees, and does not want
them removed for wider streets and sidewalks.
Tracy Armstrong, 2663 Crest, spoke in favor of protecting the residential trees and stated that children
are much safer on narrow streets because drivers slow down.
Illa Schmidt, 307 Chestnut, stated that she wants the area preserved. She stated that there needs to be a
light on Carlsbad Boulevard between Pine and Tamarack, and questioned who designed the sidewalks on
Valley Street with telephone poles installed in the middle.
Sue Bazio, 3242 McKinnley, spoke against the installation of sidewalks or streetlights. She stated that
they had signed an agreement in order to obtain their permits, however, no one wants the improvements
on their street.
Kip McBane, 2691 Crest, stated that he wants to maintain a rural atmosphere in old Carlsbad. He stated
that no one on his street can remodel because of the construction improvement costs. He asked that a
new policy be prepared. He presented a petition with over 200 signatures from citizens (this petition is on
file in the City Clerk’s Office). He requested that the existing character of the neighborhood be kept, and
that an urgency ordinance be adopted to stop the street widenings, tree removal, and requirements for
Future Improvement Agreements, until a new City Policy on this issue can be prepared.
Leslie Williams, 2691 Crest, read a list of California cities that have less than 24 foot wide streets with
trees (this list is not on file with the Clerk’s Office). She stated that if these cities found ways not to be
held liable that Carlsbad should be able to also, and asked that staff find out what other cities have done
regarding liability issues.
Gary McCartney, 2560 Wilson Street, stated that he is not in favor of sidewalks or street widening on his
street. He stated that he only signed the agreement in order to get the permit for his remodel.
Elaine Wilson, Olivenhein, stated that after Rancho Santa Fe Road was widened drivers speed through
the area, and that prior to the widening, the traffic was 0.k. She stated she supports old Carlsbad and that
these streets should not be widened.
Chris Brown Gaare, 2865 Wilson Street, stated that most of her yard will be sacrificed to City
improvements if the street is widened and she showed pictures of her front yard. (these pictures are on
file in the City Clerk’s Office.) She stated that the new sidewalk would be 10 feet from her front door.
She asked that the City change its policy on street improvements and adopt the emergency ordinance
proposed by CPOC.
Mary Davis, 236 Olive, spoke against curbs, sidewalks, gutters and tree removal in her area.
Constance Chavez, 25 10 Wilson Street, stated that Future Improvement Agreements are coercive and
block potential improvements by making remodeling financially unfeasible.
Cindy Bacon, 2800 Wilson Street, stated that she is not in favor of sidewalks and that narrow streets are
safer because they slow down drivers. She also stated that the ocean is becoming more polluted as a
consequence of widened street’s storm runoff.
Randy Lockett, 39 1 Tamarack Avenue, stated that after improvements were installed on his street, traffic
speed has increased and, because of this increase, safety on wide streets is not optimum. He stated that
many more accidents have occurred since the widening, and that the improvements removed the rural
atmosphere of the area.
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September 28,1999 CITY COUNCIL Page 6
Heidi Coates, 1285 Oak Avenue, representing Oak Street residents, asked Council to preserve trees and
prevent sidewalk construction, and leave the rural atmosphere of the area.
Don Rushworth, 3460 Highland Avenue, stated that sidewalks and wider streets are less safe, that narrow
streets slow traffic and that he wishes to see the area remain rural.
Ann Gunther, 4160 Sunnyhill Drive, land use planner, stated that neighborhood character is an important
factor and asked that Council set policy that will work in each area of the City.
Brian Krepps, 1820 Basswood, stated that he sees no problems not having sidewalks in his neighborhood
and spoke in favor of keeping trees and the character of the area.
Gayle Marron Jasmer, P.O. Box 2258, stated concern her about animals who live in neighborhood trees
and urged Council not to change old Carlsbad.
Jim Watson, 3383 Lincoln, asked Council to work with the citizens to look at the issues concerning old
Carlsbad, and to develop a new policy.
Geoffrey Bell, 3686 Highland Drive, spoke in favor of keeping trees and keeping the roads narrow, and
against street widening and sidewalks. He stated that outfall areas have high e. coli counts after rain
because of the asphalt runoffs. He also stated that wider streets will increase traffic in residential
neighborhoods and will require more hding to maintain.
Joe Gallagher, 1165 Hoover, stated that there are alternatives to curbs, gutters and sidewalks and spoke in
favor of maintaining the quality of life in the Northwest Quadrant of the City.
Tom Desino, 4155 Skyline Drive, spoke about the lack of safety on wide roads, and spoke in support of
maintaining Olde Carlsbad.
Chase Stapleton, 325 Chinquapin, urged the City to preserve trees and the environment, and spoke in
support of Olde Carlsbad.
Linda Snyder, 3655 Highland Drive, stated that three years ago the City removed cedar trees in her
neighborhood without notice. She also spoke about speeding on Magnolia and asked, for aesthetic
reasons, that the olde Carlsbad area be left alone.
Conrad DeFlon, 1608 Lake Drive, Encinitas, owner of home in Carlsbad, expressed his frustration with
street widening and the addition of curbs, gutters and sidewalks in the City.
Gary Dwelly, 2771 Wilson Street, spoke against the installation of curbs, gutters and sidewalks, urging
Council to maintain the integrity of the area.
Robert Fredin, 1749 Forrest, stated that there should not be a change of neighborhood aesthetics and that
he would like to see his area’s power lines put underground.
Gail A. Stidolph, 4814 Kelly Drive, describing safety issues with wide streets, asked that there be no
sidewalk installation and she spoke in favor of protecting residential trees.
Randi Fjaeran, 4460 Highland Drive, asked that Council consider what people are saying about the issues
in old Carlsbad and stated that there are no traffic problems on narrow streets.
Brian Carter, 3720 Yvette Way, spoke about the aesthetic quality of the trees on Highland, and the charm
and character of the area, and requested that the City bury power lines in the area.
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September 28,1999 CITY COUNCIL Page 7
Alan Morris, 2645 Wilson, stated that, according to surveyors, Wilson street is not centered and, if
widened, the widening will only be on one side, and that on some properties a sidewalk will not fit. He
stated that Wilson is only one block long, that there have never been any accidents, and that no one on the
block wants widening.
Jim Connelly, 4343 Highland, stated that the neighborhoods are safer without sidewalks and that wide
streets are unsafe. He asked that the City keep the beautiful, old streets as they are.
In response to inquiry by Mayor Lewis, Lloyd Hubbs, Director of Public Works, stated that to bury
power lines may take four to five years because of funding issues. He indicated that the project could be
accelerated if the City receives additional funding.
In response to a questions about light poles in the middle of sidewalks, Mr. Hubbs stated that they could
have been relocated by the utility company.
By consensus, Council directed staff to prepare a report on the issues raised about Olde Carlsbad and to
return the report to Council.
For clarification purposes, staff indicated that in order to not delay building permits, Future Improvement
Agreements will continue to be required until the report is returned to Council, and that no other trees will
be cut down until that time. Council concurred with the clarification,
RECESS:
Mayor Lewis called a recess at 9:16 p.m. and Council reconvened at 9:25 p.m. with Mayor Lewis and all
four Council Members present.
9. AB #15,415 - STATUS OF THE REGIONAL BEACH NOURSIHMENT PROJECT AND
ENVIRONMENTAL REVIEW PROCESS.
Steve Sax of SANDAG presented a report on the Carlsbad beach nourishment project. He described the
scope of the project, the technology to be used in sand replacement, and the funding for the project. He
stated that the EIR will review reef, beach and lagoon impacts and will be available for public review in
the month of October.
10. AB #15.416 - USE OF AGUA HEDIONDA LAGOON.
Sergeant Keith Blackburn and Police Captain James Hawks gave the staff presentation describing the
revisions to the Municipal Code Ordinance Chapter 1 1.24, regulating Agua Hedionda Lagoon. Sergeant
Blackburn noted that there was an error in the numbers of passive and power vessels found in Section
1 1.24.075 of the ordinance. He stated the correction was that the maximum number of vessels in the
passive area shall not exceed 40, and in the powerboat area the maximum number of vessels shall not
exceed 30.
Upon inquiry from Council Member Finnila, Sergeant Blackburn stated that jet ski craft are utilized in the
personal craft area and their number has been increased from 12 to 15.
David Turner, 4553 Cove Drive, representing the 280 residents at Bristol Cove, questioned the increase in
power vessels stated in the ordinance (he acknowledged the error explained by Sgt. Blackbum) and the
increase in vessel length from 21 to 23 feet stating the increase is not safe in an area the size of Agua
Hedionda Lagoon. He also asked why “no mooring of vessel except in a area so designated” has been
deleted from the new ordinance.
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September 28,1999 CITY COUNCIL Page 8
Leon Stemon, 4665 Park Drive, also stated that the increase in vessel length from 21-23 feet was unsafe
and not appropriate for the size of the Lagoon. He also expressed opposition to mooring in the lagoon.
Chuck Pateros, 4150 Adams, questioned the presence of a slalom course in the passive area, He also
suggested that transit corridors could be wider and would like to see the number of jet skis, stipulated in
the ordinance, stay the same rather than be increased. He also asked how the number of vessels for
passive use is enforced.
Bob Richards, 46 15 Park Drive, President of the Agua Hedionda Lagoon Association, stated he is
disappointed that the Association was not brought into discussion on the revisions to the ordinance. He
stated he was pleased that the number of vessels has been corrected but is concerned with the increase in
vessel size and stated that these craft will not only create unsafe conditions but also impact the
environment. He, too, asked why the “no mooring” clause was dropped, and why the section on the
ownership and responsibilities of the slalom course was also deleted. In addition he noted that there is a
reference to a non existent section, 1 1.24.105. He asked that the ordinance be review and modified.
Gail Stidolph, 4814 Kelly Drive, owner of land at the east end of the Lagoon, stated that some people
using the Lagoon are also using her land as a restroom. She asked if people knew the water was polluted
and whether there was routine testing of the water quality. She requested that a restroom facility be
installed at this site.
Sgt. Blackburn stated that the vessel length was changed from 21 to 23 feet to reflect the change in
industry standards for ski boats.
By consensus, the matter was returned to staff for review and modification, and to allow for additional
public review and comment on the matter.
11. AB #15,417 - REPORT REGARDING THE PARCEL AT THE SOUTHEAST CORNER OF
POINSETTIAmJTERSTATE 5.
This item was continued to the Council Meeting of October 26, 1999, at the request of the Sea Cliff
Homeowners Association.
Peter Walsh, 2885 Sanford Lane, agreed to the continuance of one month as long as his rights were not
waived.
COUNCIL REPORTS AND COMMENTS:
None
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
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September 28,1999 CITY COUNCIL Page 9
ADJOURNMENT:
By proper motion, the Regular Meeting of September 28,1999, was adjourned at 10:12 p.m.
Respectfully submitted, u* Assistant City Cler
Lorraine M. Wood
Deputy City Clerk