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HomeMy WebLinkAbout1999-10-19; City Council; Minutes (5)0 e MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 19,1999 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 Deputy 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 Garcia of St. Patrick’s Catholic Church. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. APPROVAL OF MINUTES: None. ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following event: Planning Systems Open House, Thursday, October 21, 1999, at 4:OO p.m., 1530 Faraday Avenue, Carlsbad. CONSENT CALENDAR: Items #1 and #2 were removed fi-om 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 Items #1 and #2, 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 #15,434 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 2. AB #15,435 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 0 e October 19,1999 CITY COUNCIL Page 2 3. AB #15,436 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED CITY V. CARLSBAD PROMENADE. Council accepted the report on terms and conditions of the settlement, as required by the Brown Act, in Citv v. Carlsbad Promenade, Case No. N 78509-1, Poinsettia Lane Extensiofirigantine Drive Project. 4. AB #15,437 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED CITY V. GALLAGHER. Council accepted the report on terms and conditions of the settlement, as required by the Brown Act, in Citv v. Gallagher, Case No. N 78253-1, Poinsettia Lane ExtensionlBrigantine Dnve Project. 5. AB #15.438 - PURCHASE OF LAPTOP COMPUTERS. Council adopted RESOLUTION NO. 99-460, approving the purchase of Dell laptop computers for the Police Department. 6. AB #15.439 - REOUEST FOR FUNDING FOR COLD WEATHER SHELTER PROGRAM. Council adopted RESOLUTION NO. 99-461, authorizing the appropriation of funds from the Housing Trust Fund for the San Diego County Cold Weather Shelter Voucher Program. 7. AB #15,440 - AWARD OF BID FOR FORD TAURUS SEDANS. Council adopted RESOLUTION NO. 99-462, accepting the bid proposal of Encinitas Ford for eleven Ford Taurus sedans. 8. AB #15,442 - CONSULTANT AGREEMENT FOR PRELIMINARY AND FINAL DESIGN OF THE PUBLIC WORKS CENTER. Council adopted RESOLUTION NO. 99-463, approving a consultant agreement with Gillis & Associates to develop Concept and Design Plans and Construction Services for the Public Works Center. 9. AB #15.443 - CONSULTANT AGREEMENT FOR THE DESIGN OF THE CARLSBAD POLICE DEPARTMENT TRAINING RANGE FACILITY. CITY PROJECT NO. 36861. Council adopted RESOLUTION NO. 99-464, approving a consultant agreement with P & D Consultants for the design of the Carlsbad Police Department Training Range Facility. 0 0 October 19,1999 CITY COUNCIL Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AI3 #15,434 - ACCEPTANCE OF DONATION. Council Member Kulchin thanked Jim Hansen, Vice President of Fieldstone Communities, for the donation of the portrait of the Old Carlsbad Station, entitled “Landmark.” Ms. Kulchin stated that a poster of this picture is on sale for ten dollars in the new City Library. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 99-458, accepting a donation of a work of art entitled “Landmark,” by painter Sam Hyde Harris, from Fieldstone Communities, Inc . AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 2. AI3 #15,435 - ACCEPTANCE OF DONATION. Connie Beardsley, Arts Manager, introduced Gloria Busman from the Carlsbad Arts Association, who presented a check in the amount of $4,000, the last payment of a $10,000 donation, to be used for the William D. Cannon Art Gallery located in the new City Library. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 99-459, accepting a donation from the Carlsbad Arts Associates for exhibitions and operating expenses of the William D. Cannon Art Gallery. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. PUBLIC COMMENT: John Fisler, 3975 Park Drive, read from a document that described the drainage and erosion problems caused by development surrounding his property (the document is on file in the City Clerk’s Office). He stated that many years, with normal or heavy rainfall, part of his property is unusable for two to three months. As a solution, he requested that his neighbors and the City complete the cul-de-sac at Althea Lane and stated that he would donate the easement for drainage. Jan Sobel, CEO of the Carlsbad Chamber of Commerce, described the Chamber’s “Ride, Don’t Drive Week,” October 18 - 22, 1999. She stated that the brochure, “Commuter Connections in Carlsbad,” (the brochure is on file in the City Clerk’s Office) has been distributed to 6,000 Carlsbad employees, and she acknowledged the Carlsbad employers who are supporting this program. Paul Linden, 3940 Monroe Street, played a video from the Wednesday, October 13, 1999, television broadcast of the Turk0 Files Report, regarding the May Development and grading issues. (This tape is not on file in the City Clerk’s Office.) Gordon Prentice, 3955 Monroe Street, stated that when the May Subdivision project came before the Planning Commission and the Council, he had received no information or explanation about the grading elevations. He stated his concern regarding the drainage created by the grading elevation and requested that the project be re-graded to a lower elevation. 0 * October 19,1999 CITY COUNCIL Page 4 Joe Collins, 4001 Sunnyhill Drive, stated that he concurred with the previous two speakers regarding the May Subdivision. He also expressed concern regarding the potential for accidents at the corner of Alder, Monroe and Sunnyhill. In addition, he stated that the majority of his neighbors are not in favor of sidewalks in his neighborhood. Imogene Sharman, 3915 Park Drive, stated that she has had relatively flat property across the street from her residence for thirty-five years and she now has a 14 foot mountain created by grading elevation. She stated that she had performed a thorough search and had not been able to find when the grading elevations were approved by the City. She also read from a Report to the Planning Commission, dated October 20, 1999, (this document is not on file in the City Clerk’s Office) stating that on page 5, Items #1 Land Use and Planning, #3(e) Geological Properties, #3(f) Geological Properties and #4(b) Water Related Problems, staff had determined there was “no impact”regarding these categories. She stated that flood water will be an impact, and asked for answers to her questions. Susan Ortman, 3965 Monroe Street, spoke in opposition to the sidewalk installation and widening of Monroe between Park and Sunnyhill. She stated that widening the road will cause traffic speed to increase and she suggested creating a path, instead of a sidewalk, along the side of the road. Bruce Wood, 502 1 Shore Drive, expressed his concern regarding the high speed of traffic on Carlsbad Boulevard between Tierra del Oro and Palomar Airport Road. He stated he had petitions from his neighbors to end speeding and motorcycle noise. (This petition is on file in the City Clerk’s Office). Mr. Wood stated that the number of rear end accidents occurring in this area is unacceptable. He requested that the Police Department Traffic Division enforce the speed limit and motorcycle noise limits. Kip McBane, P.O. Box 4067, discussed Settlement Items #3 and #4 on the Consent Calendar stating that developers were being paid 1.1 million dollars by the City for Poinsettia Lane ExtensiodBrigantine Drive Project. He also stated that the City was taking thousands of dollars in money and land from citizens for sidewalks and street improvements that they do not want. Council Member Nygaard asked if Mr. McBane knew that the money used to pay the settlements came from the Bridge and Thoroughfare District, which is paid for by developers. Mary White, representing the Carlsbad Community Youth Theatre, invited all to attend the play, “Millennium Madness”, being performed October 22 - 24, 1999, at the Cultural Arts Center, 3557 Monroe Street. Ray Patchett, City Manager, stated that he would contact Mr. Fisler and determine if the issues concerning the Fisler property could be resolved with staff. Ron Ball, City Attorney, stated that the concerns regarding the May Subdivision Environmental Impact Report could be addressed at the Planning Commission Meeting to be held October 20, 1999. He also stated that because the May Subdivision Project, including the grading elevation, has been approved by the Planning Commission and the City Council and that an appeal had been denied, the Council would not re-visit the matter. He stated that only the Coastal Development Permit will be coming to Council for approval. Concerning sidewalks on Monroe, Lloyd Hubbs, Director of Public Works, stated that the City is working with the developers of the May Subdivision, in addition to the Prentices and the Ortmans for creative solutions to minimize the impacts on their property. He also stated that the City is working on the safety of the intersection of Sunnyhill and Monroe Drive. Upon Council inquiry, Mr. Hubbs stated that staff is planning construction of sidewalks only on the west side of Monroe. 0 e October 19,1999 CITY COUNCIL Page 5 Michael Holzmiller, Director of Planning, explained the process for the Coastal Development Permit. He stated that any home built in the Coastal Zone (such as the May Subdivision) will need a Coastal Development Permit. He stated that there will be a Planning Commission hearing to consider the permit for placing homes on the property. Mr. Holzmiller explained that an evaluation would be made to determine whether these homes comply with the requirements of City ordinances and standards. He stated that the decision would be final unless there is an appeal to the City Council. Upon Council inquiry, Mr. Holzmiller stated that in the future, staff will develop improved methods of describing project information such as grading elevations for the public. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD: Mayor Lewis adjourned to the Carlsbad Municipal Water District Board at 6:50 p.m. and reconvened at 7:OO p.m. with Mayor Lewis and all four Council Members present. ADJOURNMENT TO THE JOINT HOUSING AND REDEVELOPMENT COMMISSION MEETING: Mayor Lewis adjourned to the Joint Housing and Redevelopment Commission Meeting at 7:Ol p.m. and reconvened at 7: 12 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB #15,446 - REPORT REGARDING PRESERVATION OF OLDE CARLSBAD. The staff report was presented by Director of Public Works Lloyd Hubbs and Manager of Public Works Doug Duncanson. Mr. Hubbs divided the issues in the preservation of Olde Carlsbad into four categories: 1 .) Quality of LifeDevelopment Standards; 2.) Tree Preservation Policies; 3.) Sidewalk Construction Program; and 4.) Improvement Deferral Policies. Mr. Hubbs stated that current planning efforts include a planned development ordinance to include livable communities, a traffic calming program, an infill development report, the storm water pollution (NPDES) program, and development access standard review. He stated staffs recommendation was to request Council hold a workshop to review these programs and explore any other issues that the Council may want reviewed. Mr. Duncanson stated that the City policy on trees is contained in City Policy No. 4, adopted in 1970. He further listed some of the issues as: 1 .) strong support for trees; 2.) the review of tree removal criteria; 3.) liability concerns; and 4.) notification of proposed removal. He recommended that the Council appoint a citizen’s committee to review the existing tree policy and recommend to the City Council revisions that are deemed appropriate. Mr. Hubbs reviewed the history of the sidewalk program beginning in 1988 with the adoption of the pedestrian action plan, the completion of the 1989 inventory which identified and prioritized routes to schools, parks and community facilities. He stated that standard improvements may not be appropriate in all cases, that alternatives to sidewalks should be explored, that special character streets should be protected, and that residential streets may be safer if kept narrow. He recommended that Council appoint a citizen’s advisory committee to review the City’s sidewalk program, to evaluate standards, priorities, and recommend certain streets for special design treatment. 0 0 October 19,1999 CITY COUNCIL Page 4 Mr. Hubbs stated that Municipal Code Section 14.40.040 requires public improvements as a condition of building permits that are issued which are greater than $50,000 in permit valuation. He then listed the categories of Improvement Deferral Policies granted by the City. He explained that when a deferral is granted, the applicant must enter into an agreement to install or pay for improvements at a future date. (These Future Improvement Agreements are known as F.I.A’s). He stated that the F.I.A. issues are: 1.) the $50,000 threshold; 2.) whether some streets should be granted automatic deferral due to character; 3.) whether street standards should be tailored to street character; and 4.) whether the neighborhood should be involved in street design. Mr. Hubbs recommended the following: 1 .) Retain the current code provisions related to improvement requirements and deferrals and continue to require F.I.A.’s where improvement deferrals are granted; 2.) Instruct staff to report to the Council prior to ordering improvements in conjunction with a building permit issued within the area bounded by El Camino Real on the east, the Pacific Ocean on the west, Agua Hedionda Lagoon on the south and the Buena Vista Lagoon on the north; 3 .) Instruct staff to return to Council with guidelines to implement appropriate review and noticing requirements when improvements are recommended for installation; and 4.) Instruct staff to review the $50,000 building permit threshold for potential adjustments and report back to Council. Upon Council inquiry concerning storm water runoff, Mr. Hubbs explained that storm water drainage is a federally mandated program (NPDES) and failure to comply with the project could cost the City $25,000 per day. Mr. Hubbs also stated that re-engineering of some drainage systems may be needed to comply with this program. Mr. Hubbs also discussed the American’s with Disabilities Act (ADA) as it applies to the installation of wheelchair ramps throughout.the City. He stated that there are ADA standards that apply to streets and sidewalks. He stated that how these standards are applied to streets without sidewalks would need some research. Upon inquiry from Council, Mr. Duncanson stated that neither the City Tree Policy nor the Landscape Manual has been approved by the Department of Forestry. RECESS: Mayor Lewis called a recess at 755 p.m., and Council reconvened at 8:04 p.m. with Mayor Lewis and all four Council Members present. Jenny Dolkas, 160 Hemlock Avenue, spoke in favor of preserving Old Carlsbad. She stated that rather than talk about saving trees we should talk about planting more trees. She stated that we need to change our standards and codes to save Old Carlsbad. John P. McGill, 4340 Highland Avenue, stated that there should be more traffic control to stem speeding. He also read the poem, “Trees,” by Joyce Kilmer. Justine C. McGill, 4340 Highland Drive, corrected the address for Highland specifying that it is Highland “Drive,” not “Avenue.” Ms. McGill stated that when her property was purchased there was a five foot easement for future widening. She stated that this easement is now 15 feet and she does not recall any notification about this change. She would like to know when the change in width easement was made. Jeff Tallman, 2335 Pi0 Pic0 Drive, stated that he believes Carlsbad is a beautiful city and suggested that there be a policy implemented so staff can explain how city rules work. He explained that past decisions made Concerning his boundary adjustment do not seem to meet current city standards. He asked for more adequate city explanations for these projects. 0 e October 19,1999 CITY COUNCIL Page 7 Doug Chartier, 2697 Wilson Street, stated that he does not want Wilson street improved and he asked Council to listen to the people and leave the City alone. He, too, agrees that policies and procedures need more explanation for the citizen. Mr. Chartier requested that a moratorium on tree removal and improvements be put into place during the new studies and commission work. Elena Gastelum, 1098 Magnolia Avenue, read from an excerpt of a letter from her mother to the City, dated January 19, 1996, (this letter is not on file with the City Clerk), stating that her mother would not sign a grant deed of easement nor approve any street improvement agreements for sidewalks on Magnolia. She stated that she feels that the widening of the streets and the addition of sidewalks has increased speeding on Magnolia. She further stated that the City is wrong to remove trees, construct sidewalks, widen streets and require F.I.A.’s. Patricia Lowry, 2441 Buena Vista Circle, stated that she has performed research on cities that have had similar street and tree problems: Camel, Del Mar, and Rancho Santa Fe. Ms. Lowry read from Camel’s Municipal Code Section 12.04 concerning Sidewalk and Construction Repair. (A copy of this document is on file in the City Clerk’s Office). She stated that in Carmel planting of vegetation must be included in planned sidewalk areas and that Carmel has a policy calling for footpaths, rather than sidewalks, in residential areas. Lori Wickham, 4055 Park Drive, mentioned two letters that she had sent to Council this week (these letters are on file in the City Clerk’s Office). She emphasized that one problem is speeding on streets. She asked that the City commend police officers for enforcing speed limits and also promote speed deterrents. Ms. Wickham stated her opposition to City project CDP 99-29 which will widen streets. She also stated her concern regarding solicitation from Seniors or those who are ill for signatures on improvement agreements or dedications. She stated that Park Avenue residents want their street to be added to streets with special consideration. Ms. Wickham also stated her concern regarding a pair of red tailed hawks who live and breed in the area. Jack Debes, 4055 Park Drive, read from a letter from neighbors Mike and Janine Swanson (this letter is not on file in the City Clerk’s Office) expressing their concern regarding sidewalk construction, street widening, and tree removal on their property. They believe that widened streets will be unsafe streets and asked Council to preserve this unique community. Mr. Debes asked Council to pay attention to the petition signed by those in Old Carlsbad and asked for a moratorium on improvements until all input is received. Nancy J. Hughes, 25 1 Gloxina, Encinitas, Executive Director of People for Trees, San Diego’s urban and community forestry group, described the work performed by her group. She spoke in favor of citizens who want to live and work in communities with trees. She stated that the risks posed by trees is overstated and shared statistics on the value of trees. She quoted a 1993 SANDAG report stating that Oceanside has the most street trees in North County. (This report is not on file in the City Clerk’s Office). She offered the assistance of her group to staff and citizens. Gary McCartney, 2569 Wilson Street, requested a moratorium on street widening and sidewalk installation. He stated his support of citizen committees to review these issues. e 0 October 19,1999 CITY COUNCIL Page 8 Jim Watson, P.O. Box 1426, discussed the plaque on the wall “What is popular for Carlsbad, is not always right, and what is right for Carlsbad is not always popular,” stating that this may give citizens the impression that they might not get what they are asking for. He stated that in the case of the issues brought up by Citizens for the Preservation of Olde Carlsbad (CPOC) “what is right for Carlsbad is also what is popular.” He asked that the City put a moratorium in place immediately until the wishes of CPOC can be realized. Mr. Watson volunteered to serve on the citizen committees. Amy Brown, 203 1 Charleen Circle, Casey DeCino, 4155 Skyline Road, and Michi Kono, 4134 Skyline Road, representing the Carlsbad High School Environmental Club, stated that widening streets and installing sidewalks would destroy vegetation and trees, as well as increase car speeds. They stated that they feel safe walking without sidewalks and do not want the atmosphere of old Carlsbad destroyed. Joan Suffredini, 2635 Crest Drive, stated she was encouraged by the staff report, however, she is concerned that further studies will delay the decisions that the citizens want concerning their neighborhoods. She spoke in favor of a moratorium, or, as an alternative, establishing time limits for the citizen’s committee work. She stated that she would like those who live in the neighborhoods affected and who have spearheaded the CPOC drive to be members of the committees. Mercedes Martin, 37 15 Longview Drive, read from a document that discusses the 1996 Del Mar, Camino del Mar Streetscape Plan, a masterplan used to guide street improvements as they are made to Camino del Mar. (This document is on file in the City Clerk’s Office). She stated that the plan included narrowing of travel lanes, bulbing out of sidewalks, widening street medians and adding more median landscaping, and planting more trees. She asked that Carlsbad consider these types of features to slow traffic and preserve Carlsbad’s trees. Martha Law Edwards, 1366 Pine Avenue, stated that the “process” used regarding the preservation of Old Carlsbad is not working because it does not allow for timely community involvement prior to controversy. She asked that staff be proactive and assertive to insure all information is available for community review. She stated that she is pleased with the recommendations that have come forward from staff. Bertha Michele Levy, 3021 Highland Drive, stated that she feels Highland Drive is safer because there are no sidewalks and that no one on Highland wants sidewalks installed. She also spoke in favor of tree preservation. She requested that the moratorium on improvement fees be established until the committees can make their decisions. Erin Cook, 2588 Highland Drive, stated that her family had worked for the preservation of Hosp Grove and she would also like to preserve the narrow streets, trees and front yards in Old Carlsbad. She stated that one issue brought up was the safety of children walking to and from school, and between cars parked along side of the road. She suggested that the City erect no parking signs on her street rather than use part of her front yard for sidewalk installation or street widening. She asked to have the neighborhood left alone. Kip McBane, P.O. Box 4067, stated that over 800 citizens had signed a petition to stop excess street dedications, F.I.A.’s, unnecessary tree removal, and construction of curb, gutter and sidewalks, and street width over 25 feet in width in residential neighborhoods. He requested that Council pay attention to the CPOC petition. Zell Dwelly, 2771 Wilson, stated that she does not want tree removal and street improvements, and asked for an emergency ordinance as suggested in the CPOC petition. She asked that Council listen to the citizens. 0 0 October 19,1999 CITY COUNCIL Page 9 Terry Simpkins, 3042 Highland Drive, spoke in favor of the tree lined streets of Carlsbad and stated that he believes the removal of the trees would be insensitive to the image of Carlsbad. He stated that he believes the citizen committees are a good idea and that he hopes these committees will have citizen oversight. Leslie Williams, 2691 Crest Drive, stated that the staff report is not reassuring because it does not take any measures to prevent the status quo. She stated that CPOC is not against installing sidewalks in appropriate locations but does want them to be ADA compliant. She also stated that there are sections of Carlsbad Boulevard that do not include sidewalks such as at the south of Cannon and at the bridge crossing Buena Vista Lagoon. She also stated that the City did not put in improvements on the streets surrounding the Cole Library and City Hall. She also stated that she preferred to be asked rather than notified about any changes to her property. Robert T. Nanniga, 1928 Leucadia Scenic Court, stated he was asked by several residents to speak about the staff report. He stated that the wording “Future Improvement Agreement” implies that something will need to be done in the future and the citizen will not have a choice about it. He stated that F.I.A.’s and improvement deferrals subsidize future infill and development. Mr. Nanniga indicated that once sidewalks are installed neighborhoods will be susceptible to development of condos, townhouses and the like. He also questioned what development access means. He stated that the more asphalt, sidewalks and concrete surfaces built will create more direct water run off into the ocean. He requested that there be a moratorium on tree removal and F.I.A.’s until a study can be performed by the citizen’s group. Gail Stidolph, 4814 Kelly Drive, questioned if the tree removal and street improvements completed by the City are subject to the California Environmental Quality Act (CEQA) and asked if Environmental Impact Report’s (EIR) and public hearings should have been required. She also asked where are the studies on CEQA issues are kept and when will the City begin working with the Department of Forestry. She asked for protection for the Blue Herons that live in neighborhood trees. Ms. Stidolph also asked for assistance in finding out about meetings held by the City. Renee Huston, P.O. Box 1542, Vista, a member of the San Diego Chapter of the Sierra Club serving on the Coastal and Political Committees, asked that Carlsbad retain its progressive image by having as little pavement and as many trees as possible. She stated her concern about the quality of the ocean water stemming from asphalt runoff and the safety of children on widened streets where cars may speed. Ms. Huston stated that trees give a neighborhood character and increase property values. She asked that the City keep the old in Olde Carlsbad. Gary Piro, 2641 Valewood Avenue, asked for a response to the CPOC petition letter that contained specific action items (this petition is on file in the City Clerk’s Office). He stated that his one of the CPOC requests was to discontinue all tree removal yet he stated that there are tree removal plans both on Jefferson and Park. He asked the City to eliminate the F.I.A.’s. Geoffrey Bell, 3686 Highland Drive, stated that from his house he can view the speeding on Magnolia, a widened street with sidewalks. He stated his belief that we need to have a study performed by a citizens group is needed but that we also need a moratorium on street widening. Mr. Bell expressed his concern that widened streets will increase the speed of traffic in the neighborhoods. He stated that after a rainfall we have polluted ocean water in Carlsbad. Nancy Chartier, 2697 Wilson Street, stated that Wilson Street does not need to be widened or improved. She asked that a moratorium be established. She inquired about the plans for Wilson Street, about how wide the street will be, and about how much of her land will need to be dedicated. Ruthie Wheeler, 203 1 Charleen Circle, stated that Council has received a wealth of information concerning preservation issues and she spoke in favor of the moratorium delineated by CPOC. 0 0 October 19,1999 CITY COUNCIL Page 10 Nick Brandow, 2803 Wilson Street, asked Council not to change his street. He questioned if the street widening was for traffic or fire trucks, stating that neither are issues on Wilson Street. He also expressed concern about the maintenance of the Tamarack Beach Parking lot and the storm water runoff contaminating ocean water. Allen J. Manzano, 1250 Hoover Street, spoke against F.I.A.’s and expressed concern about speeding traffic. He suggested more stop signs specifically at the intersection of Kelly and Hillside, Highland and Chinquapin and the point where Carlsbad Boulevard veers down from the railroad bridge. Elaine Wilson, 506 Cole Ranch Road, Olivenhain, stated that Old Carlsbad wants to remain Old Carlsbad and she asked Council to listen to its citizens. Jean-Marc DuMochel, 1529 Tamarack, stated that speeding on Tamarack has caused the death of three of his cats, a Collie dog, and the injury of three children on bicycles. He asked that the widening of old Carlsbad streets be prevented. Brian D. Carter, 3720 Yvette Way, stated his concern that completion of linkages would result in wholesale deforestation of our streets, and asked that the Council impose a moratorium on tree removal until the Citizen’s advisory board is established and functioning. Ross Cirrincione, 2071 Janis Way, stated that lot sizes for new developments are too small and asked for this issue to be reviewed both in new developments and old Carlsbad. He also spoke in favor of stopping the work on Park Drive. Thomas Krouse, 6637 Curlew Terrace, stated that there is a problem with the process in speaking to Council. He stated that he has to wait three or four hours before receiving answers. He expressed concern that citizens were not aware of the implications of grading elevations yet projects were approved. He stated that Government is not about minimum obligations and that Council needs to look out for Carlsbad and its citizens. Tressie Armstrong, 2663 Crest Drive, expressed difficulties understanding issues with F.I.A.’s. She stated that with a growing family she may have to remodel and would not have the funds to pay for the construction of streets, curbs and gutters. Ms. Armstrong stated she called the City to ask about F.I.A.’s, but did not understand the response “they should have told you” and questions who is “they.” She stated opposition to F.I.A.’s. Bobby Fredin, 1749 Forest Avenue, stated that nothing that CPOC has recommended in their petition has been addressed and that there has been no public statement by the Council on these issues. He asked for a moratorium on tree cutting and street widening, and requested that Council review the requests in the CPOC petition. Elizabeth Scalice, 5540 El Arbol, stated she loves trees and she loves Carlsbad. She asked Council to let the trees remain. Eric Bertotti, 2586 Highland Drive, stated that he had cut a path along his property thinking that the children might like to use it to walk to and from school. He stated that the children prefer to walk in the street, and questioned why we need to widen streets. Ron Zawistowski, 1009 Daisy, stated that the City is widening neighborhood streets to remove traffic from main arteries because of growth. He stated that growth needs to be addressed in concert with the issue of the neighborhoods. a e October 19,1999 CITY COUNCIL Page 11 Cindy Piro, 1898 Forest Avenue, asked the Council if their decisions were predetermined and whether what was said this evening mattered. William Jubb, 3993 Highland Drive, presented a document regarding street improvement changes to the Clerk to become part of the record of this meeting. (This document is on file in the City Clerk's Office.) Upon inquiry from Council concerning how to determine if there is an F.I.A. associated with a property, City Attorney Ball explained that a signed F.I.A. will appear on the Title Report. He also stated that the F.I.A. is written in to the laws of a jurisdiction. He stated that the F.I.A. is an obligation to perform the level of improvements that are determined by City standards. He stated that these agreements are required of every development in Carlsbad and are conditions of approval. Mr. Ball stated that what is at issue is the City standards, and that an F.I.A. is a requirement to comply to these standards. Upon Council inquiry, Mr. Hubbs stated that there are no plans in place for construction on Highland, Crest, Sunnyhill and Wilson. He indicated that Park, Jefferson and a portion of Adams are locations that are undergoing construction. Upon Council inquiry about CEQA studies, City Attorney Ball stated that all projects are subject to an Environmental Study. He stated that first a City review is undertaken and then the Planning Commission certifies the Environmental document with the approval of the project. He clarified that if the project is for maintenance then, generally, CEQA does not require a study. Upon inquiry from Council, Mr. Hubbs explained that the Jefferson, Park and Adams projects went through Environmental Impact Review, Planning Commission and a Public Hearing. Upon inquiry from Council, Mr. Duncanson clarified that Phoenix Date Palms, rather than Canary Palms, had been removed from the village because of bud rot. He stated that they will be replaced by an alternate species. Council Member Nygaard inquired about maintenance at the Tamarack Beach Parking lot. Mr. Hubbs stated that the maintenance of this lot was a State obligation. ACTION: By consensus Council agreed to initiate sidewalk and tree committees with membership from all quadrants of the City, with a Council Workshop to follow committee recommendations. Staff was directed to return in two weeks with a mission and charge. ACTION: On a motion by Mayor Pro Tem Hall, Council approved the following staff recommendations: 1 .) that Council hold a Workshop to overview ongoing City efforts related to Quality of Life/Development Standards; 2.) that Council Appoint a Citizens Committee to review existing tree policies and make recommendations for revisions; 3 .) that Council Appoint a Citizens Committee to review the street and sidewalk programs and propose a list of streets to receive special designation and unique design treatment; with the understanding that there will be a moratorium on building in the Northwest Quadrant as defined in boundary by Buena Vista Lagoon to the North, El Camino Real to the East, Agua Hedionda to the South and the Pacific Ocean to the West. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 0 e October 19,1999 CITY COUNCIL Page 12 ACTION: On a motion by Mayor Pro Tem Hall, Council amended Council Policy #4 as follows: “Notwithstanding the “Removal” provisions of Council Policy No. 3 1 adopted October 20, 1970, for the area bounded by El Camino Real on the east, Pacific Ocean on the West between Agua Hedionda and Buena Vista Lagoons, pending the report and recommendations of the Citizen Committee to study trees, no City street trees shall be removed without approval of the City Council. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ACTION: On a motion by Mayor Lewis, Council directed staff to amend Title 18 to prohibit building permits and requirements of FIA pending report and studies by the Citizen Committee. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 1 1. AB #15,447 - CONTRACT PROVISIONS WITH THE CARLSBAD CONVENTION AND VISITOR’S BUREAU. This item was continued to the Council Meeting of October 26, 1999. 12. AB #15,448 - SUBRECIF’IENT AGREEMENT AND RELATED LOAN DOCUMENTS FOR USE OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY JOIN HANDS-SAVE A LIFE. This item was continued to the Council Meeting of October 26, 1999. 13. AB #15.449 - INSTALLATION OF ALL-WAY STOP SIGNS AT CAMINO DE LAS ONDAS AT HIDDEN VALLEY ROAD. This item was continued to the Council Meeting of October 26, 1999. 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. 0 e October 19,1999 CITY COUNCIL Page 13 ADJOURNMENT: By proper motion, the Regular Meeting of October 19, 1999, was adjourned at 11 :04 p.m. Respectfully submitted, d-hm Lorraine M. Wood Deputy City Clerk