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MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 26,1999
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.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Hall, Minutes of the following meetings were unanimously approved as
presented:
Kulchin
Minutes of the Regular Meeting held September 21, 1999.
Minutes of the Regular Meeting held September 28, 1999.
ANNOUNCEMENT:
Mayor Lewis announced that the City Council will select fifteen rather than ten members to serve on the
Tree and Sidewalk Committees. The Mayor stated that the deadline for applications for the ad hoc
committees is Monday, November 1, 1999,5:00 p.m., and that appointments will be made at the
November 2, 1999 Council Meeting.
PRESENTATIONS:
Mayor Lewis presented a proclamation to Arts Commissioner George Willis for his selection as Artist of
the Year 2000 by the Indian Arts and Crafts Association.
Mayor Lewis presented a proclamation to Marva Bledsoe of the Women’s Resource Center, declaring
October 1999, as Domestic Violence Awareness Month.
Bob Greaney, Deputy Director of Public Works, Carlsbad Municipal Water District, presented the
Council with an Environmental Project of the Year Award from the American Public Works Association
for the Maerkle Reservior Project.
Mayor Lewis presented a proclamation to Judi Strang of the San Dieguito Alliance for Red Ribbon
Week, October 23-3 1, 1999. Ms. Strang presented proclamations to DARE Officer De Fore and students
from the following schools: La Costa Heights, Mission Estancia, San Dieguito Academy, Oak Crest
Middle School, La Costa Canyon, Aviara Oaks Elementary, Diegueno Middle School, Buena Vista
Elementary, Hope Elementary, Jefferson Pine Elementary, Kelly Elementary, Magnolia Elementary,
Pacific Rim Elementary, Aviara Oaks Middle School, Valley Junior High, Carlsbad High School.
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October 26,1999 CITY COUNCIL Page 2
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #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.
1. AB #15.450 - APPROVAL OF AGREEMENT FOR THE DRUG ABUSE RESISTANCE
EDUCATION PROGRAM.
Council adopted RESOLUTION NO. 99-468, approving the cost sharing agreement with the
Carlsbad Unified School District for the Drug Abuse Resistance Education (DARE) Program for
fiscal year 1999-2000.
2. AB #15,451- MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE
OFFICER PROGRAM.
Council adopted RESOLUTION NO. 99-469, approving a Memorandum of Understanding with
the Carlsbad Unified School District for the School Resource Officer (SRO) Program for fiscal
year 1999-2000.
3. AI3 #15.452 - AWARD OF BID FOR EIGHT FORD EXPLORERS.
Council adopted RESOLUTION NO. 99-470, accepting the bid proposal of Ken Grody Ford for
eight Ford Explorers for the Engineering Department.
4. AB #15.454 - PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM FOR
MANAGEMENT CLASSIFICATIONS.
Council adopted RESOLUTION NO. 99-471, establishing the incentive pay matrix for fiscal
year 1999-2000 for the Performance Management and Compensation System for management
classifications.
ANNOUNCEMENT§:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
The City of Carlsbad Boards and Commissions Appreciation Event, Thursday, October 28, 1999,6 p.m.,
at the Grand Pacific Palisades Resort, 5805 Armada Drive, Carlsbad.
The National Association of Music Merchantshluseum of Making Music, Board of Trustees Lunch
Meeting, Tuesday, November 2, 1999, 12 noon, Four Seasons Resort Aviara, 7100 Four Seasons Point,
Carlsbad.
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October 26,1999 CITY COUNCIL
PUBLIC COMMENTS:
Page 3
Gary Piro, 2641 Valewood Avenue, representing Citizens for the Preservation of Olde Carlsbad (CPOC),
read a letter from CPOC, dated October 26, 1999, regarding the motions and recommendations from the
Council Meeting of October 19, 1999. (This letter is on file in the City Clerk’s Office.) Mr. Piro asked
that four points need further clarification at the November 2, 1999 Council Meeting: 1 .) the CPOC
action request from their report, dated August 29, 1999; 2.) the request for exemption from Future
Improvement Agreements (FIA’s) and dedication requirements on Wilson Street, Forest Avenue, Crest
Drive and Buena Vista Way; 3.) the need to address street dedication requirements; and 4.) the need for a
building moratorium which CPOC is opposed to.
Zell Dwelly, 2771 Wilson, representing the residents of Wilson Street, stated their opposition to the
moratorium on building permits. She stated it was her belief that if 100% of the street residents did not
want street improvements, such as street widening, they would be exempt from Future Improvement
Agreements. She stated that she and her neighbors on Wilson Street had measured out a sixty foot street
widening with yellow tape and she encouraged Council view the area that would be taken up by potential
street widening. She asked that there be a moratorium on FIA’s, street improvements, and tree removal,
until the citizen’s committees have completed their work.
Michael Miller, 2303 Ocean Street, Apartment #4, stated he had been researching the housing policies in
Carlsbad. He stated that he had read an article in the North County Times, dated October 23, 1999,
concerning HUD money available for first time home ownership and he would like to know when these
monies would be available for Carlsbad.
ADJOURNMENT TO A JOINT MEETING THE CARLSBAD MUNICIPAL WATER BOARD:
Mayor Lewis adjourned to the Joint Meeting of the Carlsbad Municipal Water District Board at 6:41
p.m. and reconvened at 6:42 p.m. with Mayor Lewis and all four Council Members present,
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 6:42 p.m. and reconvened at
6:43 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
6. AB #15,448 - SUBRECIPIENT AGREEMENT WITH JOIN HANDS-SAVE A LIFE FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
ACTION: On a motion by Council Member Finnila, this item was returned to staff.
AYES: Lewis, Finnila, Nygaard, Kulchin
NOES: None.
ABSTAIN: Hall
7. AB #15.447 - CONTRACT PROVISIONS WITH THE CARLSBAD CONVENTION AND
VISITOR’S BUREAU.
The staff report was presented by Cynthia Haas, Economic Development Manager. She stated that the
item under review is the request of $10,000 for Advertising Consulting Services in the Carlsbad
Convention and Visitor’s Bureau 1999-2000 contract.
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October 26,1999 CITY COUNCIL Page 4
Steve Link, Executive Director of the Carlsbad Convention and Visitor’s Bureau, 1616 Avenida
Guillermo, Oceanside, stated that the $10,000 in funding would support the work performed by the
Flower’s Group, a destination marketing agency. Mr. Link displayed some of the agency’s work and
explained that the additional funding may be used for some projects such as the continuation of
comprehensive statewide programs and marketing programs for the attraction of Canadian visitors.
ACTION: On a motion by Council Member Kulchin, Council approved the Convention and
Visitor’s Bureau request for an additional $10,000 in the 1999-2000 Contract.
AYES: Lewis, Hall, Nygaard, Kulchin
NOES: Finnila.
8. AB #15.417 - REPORT REGARDING PARCEL AT THE SOUTHEAST CORNER OF
POINSETTININTERSTATE 5.
Eric Munoz, Senior Planner, reviewed the history of the parcel’s zoning changes: In 1974 the property
was designated as a General Commercial Zone (C-2); in 1982 a Zoning Change to Neighborhood
Commercial Zone, qualified development overlay zone (C-1-Q) took place; in 1989 a Neighborhood
Commercial Project, the Poinsettia Retail Center totaling 44,000 square feet of commercial space was
submitted for development, however, an adjacent Homeowners Association submitted a petition calling
for a Commercial Office designation, and the applicants withdrew their application. Mr. Munoz stated
that the 1994 Growth Management Plan confirmed the Commercial designation for the parcel. He stated
that the LFMP for Zone 4 estimated up to 10,680 average daily trips (ADT) for traffic and up to 89,000
square feet of Commercial Retail Space for this site.
Upon inquiry from Council, Mr. Gary Wayne, Assistant Planning Director, stated this property was
included in the overlay zone study as a vacant neighborhood commercial site.
Howard Hefher, 7 154 Lantana Terrace, asked that a document containing the official comments of the
Sea Cliff Homeowners Association Board of Directors regarding the Sea View Point commercial center
be made part of the record. (This document is on file in the City Clerk’s Office.)
Peter Walsh, 2885 Sanford Lane, representing his mother who is the property owner, asked that the site
remain designated as Commercial, C-1 and not be downzoned to the Office Commercial designation. He
stated that $24,00O/acre in conversion fees were paid when the property was rezoned and that his mother
had paid a portion of the Poinsettia overpass and the desiltation basin fees to mitigate the future of the lot
as a retail site. He stated that his family and the developer have expended much money attempting to
develop this property. He stated that Pacific Development Partners had met with the Sea Cliff
Homeowners Association and had received their preliminary approval. He also stated that when meeting
with staff, they were advised to submit a Site Plan using the higher standards of the new overlay zone
and, therefore, he is surprised at the discussion of downzoning. Mr. Walsh stated that in recent Public
Hearings citizens have called for smaller peripheral retail centers with specialty stores, and he urged
Council to keep the Neighborhood Commercial Zone designation in place.
John Edwins, P.O. Box 2488, Del Mar, representing Pacific Development Partners, presented a chart
depicting Paseo Del Norte traffic analysis as a combination of Sea Cliff ADT’s and various other factors
such as zoning and time of day. (This chart and explanations regarding the chart are on file in the City
Clerk’s Office). He concluded that the neighborhood center is compatible with the neighborhood traffic
parameters and urged Council to allow the designated zoning to remain in place.
Upon inquiry fiom Council, Mr. Wayne stated that the zoning change from Neighborhood Commercial
to Office Commercial designation is technically a rezone rather than a downzone. He stated that it is
hard to determine this type of distinction without analysis.
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October 26,1999 CITY COUNCIL Page 5
Upon inquiry from Council, Mr. Lloyd Hubbs, Director of Public Works, stated that the ADT’s for Paseo
Del Node were from SANDAG calculations using the length of road from Poinsettia north to Camon.
Mr. Hubbs also explained that these ADT calculations use a five day week.
Upon Council inquiry, Mr. Munoz stated that on the eastern side of the Sea Cliff Property, where the
property connects with Poinsettia, there is a 35 foot wide area that could be used as an emergency access
only.
Upon Council inquiry, Mr. Wayne stated that the Commercial Study is being prepared for presentation in
November, 1999, and should be available in a few weeks.
Council Member Hall spoke against a Resolution of Intention, stating that it was neither the desire of the
Sea Cliff HOA or the property owners.
ACTION: On a motion by Mayor Lewis, Council directed staff to prepare a Resolution of
Intention to rezone the property located at the Southeast comer of Poinsettia and
1-5.
AYES: Lewis, Nygaard, Kulchin
NOES: Finnila, Hall.
Council Member Finnila stated that she voted “no” because she preferred to have more of her questions
answered, as well as the results of the Commercial Study before deciding on this issue.
9. AB #15,456 - AMENDMENT OF MUNICIPAL CODE RELATING TO THE USE OF AGUA
HEDIONDA ZAGOON.
Sergeant Keith Blackburn Police Field Operations, presented the staff report and discussed the proposed
changes to the Municipal Code regarding use of Agua Hedionda Lagoon. He stated that the changes
address the following: 1 .) change in ownership from San Diego Gas and Electric; 2.) transfer of
enforcement responsibilities from Parks and Recreation to the Police Department; 3.) identification of
the authority of the Community Services Officer; 4.) grammar changes; 5.) changes in nautical terms to
be consistent with Harbors and Navigation Code; 6.) increased surface area of the Lagoon due to
dredging and the increase in personal water craft numbers from 12 to 15; 7.) increase in number of
passive water craft from 30 to 40; 8.) no swimming in the inner Lagoon; 9.) no permanent mooring; 10.)
length of power boats will remain at 21 feet, with one exception: those boats that measure up to 23 feet
in length, are ski specific, and that do not generate a wake rise greater than nine inches are permitted.
Sergeant Blackburn clarified that jet slu operators may be 12 to 15 years in age but must have immediate
adult supervision. Sergeant Blackburn also stated that power boat’s pipes must be muffled and that the
noise must not be louder than normal.
Upon inquiry from Council, Sergeant Blackburn stated that jet ski operators, 16 years and older, do not
need a license per state law. Sergeant Blackbum stated that all user groups including the Agua Hedionda
Lagoon Foundation had been consulted concerning the Code changes.
Upon inquiry from Council, Sergeant Blackbum stated that swimming or wading to and from a boat or
during skiing is permitted, and that the Code Section 1 1.24.085(8) is meant to reflect prohibition of the
intent to swim or wade, not in conjunction with other activities.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE NO.
NS-509, amending various Sections of Chapter 11.24 of the Carlsbad Municipal
Code regarding use of the Agua Hedionda Lagoon.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
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October 26,1999 CITY COUNCIL
NOES: None. Page 6
10. AB #15.457 - AMENDMENT OF MUNICIPAL CODE RELATING TO OFFICERS’ AND
EMPLOYEES’ BONDS.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-510, amending Title 2, Section 2.08.040of the Carlsbad Municipal
Code, pertaining to officers’ and employees bonds; and
adopted RESOLUTION NO. 99-473, requiring bonds of all officers and
employees not required by State statute to provide bonds, authorizing coverage
of all officers and employees required to give bond under one master bond,
establishing the amount, form and term of the bond, and approving the master
bond.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
RECESS:
Mayor Lewis called a recess at 7:48 p.m. and Council reconvened at 7:54 p.m. with Mayor Lewis and all
four Council Members present.
11. AB #15,458 - NORTH COAST TRANSPORTATION STUDY.
Deputy City Traffic Engineer, Bob Johnson, discussed the North Coast Transportation Study options and
alternatives to be reviewed by the Policy Advisory Committee at their October 29, 1999, meeting. He
stated that Mayor Pro Tem Matt Hall, a member of the Policy Advisory Committee, would receive the
Council’s comments on the issues and alternatives and would be voting for or against the listed issues.
Mr. Johnson presented the five issues and potential study recommendations prepared by SANDAG that
the Policy Advisory Committee could consider: 1 .) Prepare a freeway recommendation that eliminates
(or at least minimizes) the need for additional right-of-way, even if the recommended width of the
freeway be reduced; 2.) Re-evaluate the potential to build railway tunnels in Del Mar and in the
University Community of San Diego (including a new UTC station), to allow for double tracking of the
entire line; 3.) Expand and clarify the Arterial Street recommendation, providing information on any
potential alignments of the segment crossing the San Dieguito River, and identify the impacts of not
building one or both ofthe two new northern arterial segments; 4.) Request that the NCTD (as part of the
NCTD Business Plan) prepare potential service concepts for improved bus service, in the El Camino
Real and Palomar Airport Road (employment) corridors; 5.) Request that the Technical Advisory
Committee (TAC) look into other, more creative ways to solve congestion problems such as highway
management (ITS), demand management (peak-hour restrictions) and land use strategy.
ISSUE #1 - Freeway Alternatives
Council discussed the freeway expansion and width alternative proposed for 1-5 through Carlsbad, which
is 10 lanes, plus 2 HOV lanes, which will require additional right-of -way on the west side of the freeway
between Tamarack Avenue and its intersection with Carlsbad Village Drive, and about 3000 linear feet
of a 17 foot high retaining wall.
Council Member Nygaard expressed concern about extending the freeway the entire width of the right-
of-way, and stated she could support this recommendation, only if the extension of Melrose, south of
Carlsbad, is not eliminated from the arterial alternative.
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October 26,1999 CITY COUNCIL Page 7
Council Member Kulchin concurred with Mrs. Nygaard’s comments, and also expressed concern about
the loss of green space and landscaping, and the increase in concrete walls if the freeway is extended to
its full width.
Council Member Hall stated that the widening project may require the acquisition of one of the buildings
in the shopping center at 1-5 and Carlsbad Village Drive
Council Members Lewis, Hall and Finnila expressed support for Issue #1. Council Members Nygaard
and Kulchin did not support this issue.
ISSUE #2 - Coaster Alternatives
Council discussed the recommendation for double tracking of the entire line from Oceanside to the San
Diego River, except for the Del Mar bluff area to permit increased service and decreased travel times.
By consensus, Council expressed support for Issue #2, to support double tracking, but did not want the
issue to hinge on the construction of tunnels, due to the costs.
ISSUE #3 - Arterial Streets Alternatives
Council discussed the recommendations regarding arterial streets, including the newly recommended
connections of Twin Oaks Valley to Camino Ruiz, and Camino Santa Fe across Penasquitos Canyon.
Council discussed the need for a major nortWsouth roadway in the area between 1-5 and 1-15, and
expressed concern about the possible elimination of the Melrose extension.
By consensus, Council expressed support for the retention of the Twin Oaks Valley extension and the
Melrose extension.
ISSUE #4 - Bus Alternatives
Council discussed bus corridor planning on El Camino Real, and by consensus, expressed support for the
matter being referred to North County Transit District for study as part of their business plan update.
ISSUE #5 - Pending or Additional Studies
By consensus, Council expressed support for investigating the use of creative solutions to solve
congestion problems, such as highway management (ITS), demand management (peak-hour restrictions),
and land use strategies.
12. AB #15.459 - ESTABLISHMENT OF SPEED LIMIT ON LA COSTA AVENUE.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-511, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code
by the amendment of Section 10.44.070 to establish a prima facie 55 mile per
hour speed limit upon La Costa Avenue from Interstate Highway 5 to its
intersection with El Camino Real.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
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October 26,1999 CITY COUNCIL Page 8
13. AB #15,460 - ESTABLISHMENT OF SPEED LIMIT ON CALLE BARCELONA.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-512, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code
by the amendment of Section 10.44.340 to establish a prima facie 45 mile per
hour speed limit upon Calle Barcelona from El Camino Real to its intersection
with Rancho Santa Fe Road.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
14. AB #15.449 - INSTALLATION OF ALL-WAY STOP SIGNS AT CAMINO DE LAS ONDAS
AT HIDDEN VALLEY ROAD.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-508, amending Title 10, Chapter 10.28, of the Carlsbad Municipal Code
by the addition of Section 10.28.560 requiring all-way stops at the
intersection of Camino de las Ondas and Hidden Valley Road.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
15. AB #15.155 - SISTER CITY COMMITTEE APPOINTMENT.
ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO.
99-53, appointing Shand’e Carpenter to the Sister City Committee.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
16. AB #15,393 - PARKS AND RECREATION COMMISSION APPOINTMENTS.
ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO.
99-325, appointing Leo Pacheco to the Parks and Recreation Commission, and
continued the two remaining appointments.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
COUNCIL REPORTS AND COMMENTS:
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.
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October 26,1999 CITY COUNCIL Page 9
ADJOURNMENT:
By proper motion, the Regular Meeting of October 26, 1999, was adjourned at 9: 16 p.m.
Respectfully submitted,
Assistant City Clerk
Lorraine M. Wood
Deputy City Clerk