HomeMy WebLinkAbout1999-11-02; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 2,1999
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,
Absent: None
Kulchin
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
APPROVAL OF MINUTES:
None.
ANNOUNCEMENT§:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
La Costa Avenue Improvement Project Dedication, Wednesday, November 3, 1999, at 12:OO noon, at the
Park 'n Ride (Northeast corner of La Costa Avenue and I-5), Carlsbad.
SANDAG Growth Management Strategy Workshop, Wednesday, November 3, 1999, at 6:30 p.m.,
Carlsbad Senior Center, 799 Pine Avenue, Carlsbad.
Bridge Housingh'oinsettia Station Apartments Groundbreaking, Friday, November 5, 1999, at 11:30
a.m., North of Poinsettia Lane and West of Avenida Encinas, Carlsbad.
CONSENT CALENDAR.
Items # land #9 were removed from the consent calendar.
ACTION: On motion by Mayor Pro Tern Hall, Council unanimously affirmed the action of
the Consent Calendar, Items # 1 through # 10, with the exception of Items #1
and #9, 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.
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November 2,1999 CITY COUNCIL Page 2
1. AB #15.46 1 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
2. AB #15,462 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s investment
portfolio as of September 30, 1999.
3. AB #15,463 - RETENTION OF SPECIAL COUNCIL.
Council adopted RESOLUTION NO. 99-475, authorizing the retention of the law firm of Rutan
& Tucker as special counsel for legal services in relation to development and implementation of
telecommunications regulation.
4. AB #15,464 - AMENDMENT TO AGREEMENT FOR PARK MAINTENANCE SERVICES.
Council adopted RESOLUTION NO. 99-476, approving Amendment No. 3 of the agreement
with Ponderosa Landscape, Inc. for park maintenance services.
5. AB #15.465 - FIRST OUARTER FINANCIAL STATUS REPORT.
Council accepted the First Quarter Financial Status Report for FY 1999-2000.
6. AB #15,466 - AWARD OF BID FOR COLE LIBRARY REMODEL PROJECT, CITY
PROJECT NO. 3 3 84 1.
Council adopted RESOLUTION NO. 99-477, accepting bids and awarding a bid to Khavari
Construction, Incorporated for the Cole Library Remodel Project.
7. AB #15,467 - APPROVAL OF OUITCLAIM OF DRAINAGE EASEMENT, NEBLINA
DRIVE, CT 73-5.
Council adopted RESOLUTION NO. 99-478, quitclaiming an easement for drainage over 4902
Neblina Drive to Mr. and Mrs. Ronald J. Mello.
8. AB #15,468 - AGREEMENT TO PROVIDE FINAL ENGINEERING DESIGN SERVICES
FOR THE SOUTH AGUA HEDIONDA REACH SAH3. WASTEWATER CONVEYANCE
FACILITIES, CMWD PROJECT NO. 92-406 SAH3, CONTRACT NO. 35831.
Council adopted RESOLUTION NO. 99-479, approving an agreement with Camp Dresser and
McKee (CDM) Consultants to provide final engineering design services for the South Agua
Hedionda Reach SAH3 Wastewater Conveyance Facilities.
9. AB #15,469 - REOUEST TO DESTROY RECORDS.
This item was removed from the Consent Calendar.
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November 2,1999 CITY COUNCIL Page 3
10. AB #15,470 - MODIFICATION TO THE MANAGEMENT COMPENSATION AND
BENEFITS PLAN.
Council adopted RESOLUTION NO. 99-481, approving the modification of the Management
Compensation and Benefits Plan to allow employees represented by the Carlsbad Police
Management Association (CPMA) to access the vacation conversion option.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. AB #15,461 - ACCEPTANCE OF DONATION.
Library Director Cliff Lange accepted a check for $5,000 from Scot C. Sandstrom, representing Western
Pacific Housing, for the purchase of new books for the children’s section of the new Library.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- 474, accepting a donation from Western Pacific Housing for the purchase of new
children’s books and directing staff to prepare a letter of thanks.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
9. AB #15,469 - REQUEST TO DESTROY RECORDS.
Council Member Finnila requested that staff contact the Buena Vista Lagoon Foundation to determine if
the organization would be interested in obtaining, for historical record, the file entitled Buena Vista
Lagoon Island Restoration, State Grant.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO.
99-480, authorizing the destruction of certain records kept in the Finance
Department and directing staff to contact the Buena Vista Lagoon Foundation
regarding their interest in the Buena Vista Lagoon Island Restoration State Grant
file.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ORDINANCES FOR ADOPTION:
11. AB #15.471- INSTALLATION OF ALL-WAY STOP SIGNS AT CAMINO DE LAS ONDAS
AT HIDDEN VALLEY ROAD.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS- 508, amending Chapter 10.28 of the Carlsbad Municipal Code by the addition of
Chapter 10.28.560 requiring all-way stop signs at the intersection of Camino de
las Ondas and Hidden Valley Road.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
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November 2,1999 CITY COUNCIL Page 4
12. AB #15.473 - ESTABLISHMENT OF SPEED LIMIT ON LA COSTA AVENUE.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted 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 55 mile per hour prima facie
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.
13. AB #15,474 - ESTABLISHMENT OF SPEED LIMIT ON CALLE BARCELONA.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS- m, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code, by the
amendment of Section 10.44.340, to establish a 45 mile per hour prima facie
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 #15,475 - AMENDMENT OF MUNICIPAL CODE RELATING TO OFFICERS’ AND
EMPLOYEES’ BONDS.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS- 510, amending Title 2 of the Carlsbad Municipal Code, to provide that bonding
requirements for specified officers or employees of the City may be met by a
master bond applicable to all City officers or employees; to require faithful
performance coverage for the City Clerk, City Treasurer, and Finance Director;
and to provide for annual premium payments.
‘AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
PUBLIC COMMENT:
Phil Urbina, 7933 Las Mientes Lane, representing the Carlsbad Christmas Bureau, described the Adopt-
a-Family Project which will provide Christmas goods for approximately 550 needy Carlsbad families.
Mr. Urbina thanked the Council for adopting a family, and stated that if anyone is interested in the
project they should contact the Bureau at (760) 599-7567.
Jeff Piro, 1898 Forest Avenue, stated that he has not yet received a response concerning the questions
and concerns contained in the Citizens for the Preservation of Olde Carlsbad (CPOC) petition. He stated
that he had heard that building permits were being denied because of CPOC action, and emphasized that
the group did not ask for the building moratorium. He stated that the group asked for a moratorium on
tree removal, street dedications and Future Improvement Agreements (FIA’s). He urged Council to
listen to the citizens.
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November 2,1999 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #15,476 - CITIZEN COMMITTEES TO STUDY TREE POLICY AND SIDEWALK AND
STREET IMPROVEMENTS AND CONSIDERATION OF URGENCY ORDINANCE TO
PROHIBIT ISSUANCE OF BUILDING OR GRADING PERMITS.
City Attorney Ron Ball described the actions before the Council for consideration: 1 .) formation of a
Citizens Committee to Study the Tree Policy; 2.) formation of a Citizens Committee to Study the
Sidewalk and Street Improvements Program; 3.) an amendment to Council Policy No. 4 prohibiting the
removal of any trees from El Camino Real west to the Ocean between Agua Hedionda and Buena Vista
Lagoons, without the approval of the City Council pending action on the Citizens Committee reports and
recommendations; 4.) an Urgency Ordinance to prohibit the issuance of building or grading permits and
requirements of improvements under Title 18 (requiring a four-fifths vote of the Council); 5 .) an
Ordinance to prohibit the issuance of building or grading permits and requirement of improvements
under Title 18; and 6.) an Urgency Ordinance to extend the moratorium to the issuance of building or
grading permits for other discretionary approvals under Titles 20 and 2 1 (requiring a four-fifths vote of
the Council).
Upon inquiry from Council, Mr. Ball stated that Option #4, if adopted, would immediately cease the use
of FIA’s.
Upon inquiry from Council, Mr. Ball explained that under the provisions in Options #’s 4,5, and 6,
citizens could appeal to the City Council for findings of special consideration.
Lloyd Hubbs, Director of Public Works, outlined the formation of the Citizens Committee to Study
Street Trees and their charter: to recommend policy to City Council concerning the planting,
maintenance and removal of street trees. Mr. Hubbs stated that this group would be tasked with
returning to Council with a report and recommendations by December 15, 1999.
Mr. Hubbs stated that the language in Resolution No. 99-484 had been revised to clarify that the trees
under consideration by the Committee are those trees in the public right of way, located 10 feet from the
curb face. He also clarified that the Public Works Director or his designee is an ex-officio member of
the committee.
Mr. Hubbs then outlined the formation of the Citizen’s Committee to Study Sidewalks and Street
Improvements whose role has been clarified in the Resolution: to consider street categories and whether
or not they should be standard or special character and recommend a process to petition for installation
of improvements, and to return to Council with a report and recommendations by February 1,2000.
Upon inquiry from Council, Mr. Hubbs stated that one of the products of the Sidewalk and Streets
Committee would be to generate a map of the study area with streets designated as standard and special
character.
Mr. Hubbs reviewed the current process for improvements, under Title 18, which covers non
discretionary permits: a permit application is submitted to the City, standard improvements are required
(60 foot right-of-way and 40 foot street with curbs, gutters, and sidewalks), and under special conditions
the improvements can be deferred to a future date. He stated that in the future, under special character
designation for streets, a permit application would be submitted to the City, an automatic improvement
deferral would be made until a process is initiated to create a custom design of the street, the design
would need approval of both Planning Commission and City Council, and then improvements would be
installed.
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Upon inquiry from Council, Mr. Hubbs stated that meetings of the Committees will be open to the
public, study materials will be available for interested parties, and a mailing list concerning these
committees would be started.
Mr. Hubbs reviewed the amendment to the Tree Policy which ensures that no trees will be removed
without the approval of Council. Upon Council inquiry, Mr. Hubbs stated that even if a citizen, who has
a tree in the public right-of-way, requests of staff that the tree be removed, Council approval must be
obtained.
Michael Holzmiller, Director of Planning explained that the first Urgency Ordinance would prohibit the
issuance of building or grading permits and requirement of street improvements or the signing of FIA’s
under Title 18 of the Municipal Code, which applies to single family residences or home additions. He
stated that currently, if a residence improvement exceeds $50,000, the property owner is required to
install improvements or sign an FIA. The moratorium on the issuance of permits would apply to the area
bounded by El Camino Real, Buena Vista Lagoon, Agua Hedionda Lagoon and the Pacific Ocean, and
would be in effect until the recommendations of the Citizens Committee to study Sidewalk and Streets
are acted on by the City Council. He noted that there are two conditions where the moratorium would
not apply: 1 .) if the Building Permit is requested for a property where the street improvements are
already in place; and 2.) if the property owner requests that the City Council specifically determine that
the street improvements on the subject property would not be compatible with the surrounding
neighborhood.
Mr. Holzmiller then discussed the Urgency Ordinance which would expand the moratorium on the
issuance of building or grading permits to projects that have undergone discretionary approvals under
Titles 20 and 21. Mr. Holzmiller explained that the projects covered under Titles 20 and 2lare projects
such as a minor or major subdivisions, coastal development permits, or redevelopment permits.
Upon inquiry from Council, Mr. Holzmiller stated that approval of Ordinance NS-5 16 is not tied to the
approval of the other Ordinances under consideration. He also stated that this moratorium would apply to
the entire area bounded by El Camino Real, Buena Vista Lagoon, Agua Hedionda Lagoon and the Pacific
Ocean, and would stay in effect until the recommendations of the Citizens Committee to study Sidewalk
and Streets are acted on by the City Council.
Mr. Holzmiller stated that the Title 20 and 21 moratorium would not apply under the following
conditions: 1 .) where a building or grading permit has been issued for a project or a portion of a project;
and 2.) upon request by the property owner, the City Council specifically determines that the street
improvement on the subject property would not be compatible with the existing neighborhood.
Upon Council inquiry, Mr. Holzmiller stated that the appeals that are made under the moratorium could
have the fees waived if Council so determined.
Mr. Holzmiller then displayed two maps, showing discretionary projects (Titles 20 and 21) and non-
discretionary projects (Title 1 s), in the areas bounded by El Camino Real, Buena Vista Lagoon, Agua
Hedionda Lagoon and the Pacific Ocean, and explained the status of current projects which would be
affected by the moratorium. (These maps are on file in the City Clerk’s Office.)
Upon Council inquiry, Mr. Holzmiller explained that non-discretionary projects valued at less than
$50,000 are not required to sign a FIA, nor are they required to put in improvements, however, they are
required to dedicate easements.
Upon Council inquiry, Mr. Holzmiller explained that the moratorium would not apply to the processing
of applications, however, no permits could be issued.
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Upon Council inquiry, Mr. Ball described that the petition or written request for exemption from the
moratorium would be heard by the Council at a public meeting, not a public hearing.
Mike Howes, representing Hofman Planning Associates, 5900 Pasteur Court, Suite 150, requested that
the moratorium not be extended to subdivisions, but stated he can work with NS-5 16 as explained by Mr.
Holzmiller as it would not apply to existing permits, and with the inclusion of the appeal process.
Brooks Worthing, 4867 Hillside Drive, representing a client at 4264 Highland Avenue, explained how
the moratorium affects his client. He stated that it is difficult to get a project through the permitting
process even without the moratorium. He detailed the length time the permitting process takes and the
varied agreements and tasks that his clients, who have signed a FIA, have had to provide the City. He
stated that it has taken six months of work getting a five foot strip of property dedicated from a one-acre
lot. He urged Council to help people like his clients, who have no trees and have signed a FIA, to
continue with their project.
Upon Council request, Mr. Worthing identified his project on the map.
Mary Anne Paradise, Bart Pastor, and AI Medina, representing Southland Communities, One Columbia
#2020, Aliso Viejo, described their three home project on Chinquapin. Ms. Paradise stated that the three
homes in question have all permits in place and street improvements designed and approved by
Engineering staff. She stated that she has not been able to get final signature on her street improvements
because of the moratorium. She stated that there is a mixture improvements in the neighborhood and
pointed out her project on the map. Ms. Paradise questioned the designation of one of her properties as
having received all discretionary applications but not having grading and building permits. She stated
her belief that the property is under construction and does not apply under the moratorium. She
suggested that she could wait to put in the improvements when the citizens’ study is completed and
requested that she be allowed to build.
Garth Packard, 2057 Chestnut Avenue, representing a client on Skyline, expressed that his concern was
the same as Mr. Worthing’s. He stated that his clients own property in the green area and are ready to
pull permits and have an FIA in place, and they have spent quite a lot of money for grading and building
plans. He requested that Council not adopt the Ordinances under consideration stating if a property
owner has a FIA in place an appeal to Council will not work if no improvements exist in the surrounding
area. He stated that it would be unfair to tell people they can’t proceed with their projects.
Doug Chartier, 2697 Wilson, expressed his hope that Council gets the issues under consideration “right”
because many citizens will be affected. He stated he did not want a moratorium on building permits. He
also questioned why new subdivisions are not included in the moratorium. He recommended that
Council visit Crest and Wilson streets to view the yellow tape that residents have erected to simulate
boundaries after the proposed street improvements, and stated that he may lose as much as 30 feet of
property along Wilson Street.
Kip McBane, 2691 Crest Drive, stated that he has guarded optimism regarding the Citizen committees,
however, he stated that staff has not addressed the points from the Citizen’s for the Preservation of Olde
Carlsbad (CPOC) petition and emphasized that CPOC never called for a building moratorium but did call
for suspension of the requirement for excess dedication. He read from a 13 year old consultant’s report
concerning the North Beach area (North Beach Area Planning and Traffic Study) stating that the
consultant had concluded that curbs and gutters detract from this area. He questioned why this
recommendation was ignored.
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November 2,1999 CITY COUNCIL Page 8
Gordon Prentice, 3955 Monroe, stated that his property is adjacent to the May Subdivision, and that,
because of potential flooding, he is in favor of the installation of curbs, gutters and sidewalks in his
neighborhood. He also asked that there be no delay in the improvements, citing concern about the blind
comer at Sunnyhill and Monroe.
Gary Piro, 2641 Valewood Avenue, stated he is in opposition to the building moratorium. He also stated
that although he had said that he would not serve on the citizen committees, he had reconsidered and
stated his availability. He stated that he had read the 1970 tree policy, that he considered it a good
document. Mr. Piro read excerpts fiom the policy (this document is on file in the City Clerk’s Office)
concerning the tree replacement and appeals process for tree removal decisions. He then cited several
streets where the implementation of the policy did not work: Donna Drive, Sea Crest, Valley Drive,
Chestnut, Magnolia and James Street. He asked staff to advise citizens about their appeal rights so the
Policy will work correctly.
Upon inquiry fiom Council, Mr. Holzmiller stated that projects outside the Northwest Quadrant
boundaries are not affected by the moratorium.
Upon inquiry fiom Council requesting clarification concerning citizens who have signed FIA’s under
Title 18, City Attorney Ron Ball stated that currently the general presumption is that the improvements
shall be installed unless there are findings which postpone them. He further stated that the Ordinances
that are presented for approval state that improvements are only to be installed on petition to Council and
that Council must find that these improvements are compatible with the existing neighborhood.
Council Member Nygaard inquired whether there was a way, rather than using a moratorium, to require
the FIA as the standard, rather than installation of improvements. Mr. Ball agreed that under Title 18,
the presumption of improvement installation could be reversed so that generally, improvements would
not be installed until the City Manager or the City Council require them.
Mayor Pro Tem Hall inquired what would happen if a FIA is signed, and then at a future point in time
the City determines that the improvements will cost less. Mr. Ball stated that the agreement could be
modified to the lower cost.
Upon Council inquiry, Mr. Hubbs stated that the Street and Sidewalk Committee would study each street
block by block.
Council requested that Mr. Hubbs respond to the CPOC letter and petition item by item. Mr. Hubbs read
from a Memo entitled “Citizens for the Preservation of Olde Carlsbad - (CPOC) Petition dated October
29, 1999, which addressed CPOC concerns and questions, (This Memo is on file in the City Clerk’s
Office):
CPOC Item #1 - “Direct city staff to draft an emergency ordinance to exempt the area bounded by
Wilson Street, Forest Avenue, Crest Drive and Buena Vista Way from street widening, street
dedications, tree removal, or “future improvement agreements”.
Mr. Hubbs stated that staff did not recognize this area, specifically, for special treatment, however,
recommended that no street widening be ordered without notifying Council. He also stated that staff
opposed waiver of dedication and future improvement agreement requirements in this or any other area
of the City. He also stated that Council had directed a moratorium on building permits which results in
the imposition of a moratorium on street widening, street dedications, tree removal or “future
improvement agreements” in the an area larger than the “Olde Carlsbad” area.
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November 2,1999 CITY COUNCIL Page 9
CPOC Item #2 - “Direct staff to study the feasibility of expanding the emergency ordinance to the rest of
“Olde Carlsbad”, this area being defined as the area bounded by Buena Vista Lagoon, El Camino Real,
Agua Hedionda Lagoon and the Pacific Ocean (with exceptions as defined in our petition).”
Mr. Hubbs stated that Council had directed a policy to include this area in the study area and had
established a committee to recommend streets for designation as special design streets.
CPOC Item #3 - “Direct staff to prepare a costhenefits analysis and identify funding sources to properly
maintain existing trees within the right-of-way in “Olde Carlsbad”.”
Mr. Hubbs stated that Council had approved the staff recommendation to form a committee to study tree
issues and policy, and that the costhenefit analysis, maintenance, and funding options can be reviewed
by the committee.
CPOC Item #4 - “Direct staff to prepare an analysis of the costs and benefits of discontinuing its policy
of removing trees within the existing right-of-ways in “Olde Carlsbad”, and instead use alternative
methods of risk management such as tree wells, concrete pavers, flexible walking surfaces and grass
lined walking surfaces.”
Mr. Hubbs stated that Council approved the Committee to study this issue and review the alternatives.
CPOC Item #5 - “Immediately discontinue all street tree removal until hearings are completed before the
Council.”
Mr. Hubbs stated that Council had adopted the revised policy to be effective until the Tree Committee
makes its recommendation to Council. He indicated that Council did reserve the right to approve
individual tree removal for safety reasons.
Upon Council inquiry, Mr. Holzmiller stated that under the proposed ordinance regarding Titles 20 and
21, if the developer petitioned Council, and if Council determined that the improvements were
compatible with the neighborhood, the project could move forward. Mr. Ball stated that if the
improvements were a condition of approval for a project and a change to the improvement is made, then
the project must go through due process to address the change.
Mr. Ball stated that staff would verify that Ms. Paradise’s project had been assigned the correct
designation.
Upon Council inquiry concerning timing of appeals to Council, City Manager Ray Patchett estimated
that it would take two to three weeks for these matters to come to Council.
November 2,1999
ACTION:
AYES:
NOES:
ACTION:
AYES:
NOES:
ACTION:
AYES :
NOES:
ACTION:
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CITY COUNCIL Page 10
On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- - 484, forming a Citizens Committee to Study the Street Tree Policy for the area
west of El Camino Real to the Ocean, between Agua Hedionda and Buena Vista
Lagoons, with the following revisions: clarification that the trees under
consideration by the Committee are those in the public right of way; under
Section No. 2 addition of the statement: “Its report shall recommend a policy for
the planting, maintenance and removal of trees in the public right of way”; and,
revision to Section No. 4 to clarify that the Public Works Director, or his
designee will be and ex-officio member of the committee; and, appointing the
following members to the Committee:
Council Member Kulchin appointed Tony Lawson, Ross Circincione, and
Shirley Cole. Council Member Nygaard appointed Eric Larson, Nick Vessey
and Doreen Naughton. Council Member Finnila appointed Jeanne McFadden,
Guy Roney and Linda Synder. Mayor Pro Tem Hall appointed Laura Little,
Tom Mills and Jim Stachoviak. Mayor Lewis appointed Carl Miller, Mario
Monroy and Ruth Wheeler.
Lewis, Hall, Finnila, Nygaard, Kulchin
None
On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-
485, forming a Citizens Committee to Study the Sidewalk and Street
Improvement Program for the area west of El Camino Real to the Ocean,
between Agua Hedionda and Buena Vista Lagoons, with the following revisions:
clarification that the Committee is directed to consider all relevant issues
pertaining to “street and sidewalk designs” in formulating its recommendations
to the City Council; under Section No. 2 the addition of the sentence “It’s
report shall consider street categories and whether or not they should be standard
or special character and recommend a process to petition for installation of
improvements.”; and, revision to Section No. 4 to clarifL that the Public Works
Director, or his designee will be an ex-officio member of the committee; and,
appointing the following members to the committee:
Council Member Kulchin appointed Kip McBane, Pam Wischkaemper, and
Doug Chartier. Council Member Nygaard appointed Paul Gamache, Ruth
Lewis, and Lori Wickham. Council Member Finnila appointed Bob Leger, Gary
Piro, and Joe Spano. Mayor Pro Tem Hall appointed Steve Cade, Zell Dwelley,
and Joe Gallagher. Mayor Lewis appointed Jack Kubota, Clarence Schlehuber,
and John Mamaux.
Lewis, Hall, Finnila, Nygaard, Kulchin
None
On motion by Mayor Pro Tem Hall, Council amended Council Policy No. 4
prohibiting removal of any trees from the area west of El Camino Real to the
Ocean, between Agua Hedionda and Buena Vista Lagoons without City Council
approval, pending Council action on the Citizen’s Committee reports and
recommendations.
Lewis, Hall, Finnila, Nygaard, Kulchin
None
Council Member Hall moved the adoption of URGENCY ORDINANCE NO.
NS-514. The motion failed for lack of a second.
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November 2,1999 CITY COUNCIL Page 11
ACTION: Due to the failure of the passage of Urgency Ordinance No. NS-5 14, Council did
not consider introduction of ORDINANCE NO. NS-515.
ACTION: On motion by Council Member Nygaard, Council directed the City Attorney to
prepare documents to amend Title 18, to reverse the presumption regarding
FIA’s, to still require FIA’s in the study area, but to stipulate that the installation
of improvements will not be required unless determined to be necessary for a
specific reason by the City Manager, and are compatible with the neighborhood.
Council also requested that a written appeal process to the City Council and
waiver of appeal fee during the study be included.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ACTION: On motion by Mayor Pro Tem Hall, Council adopted URGENCY
ORDINANCE NO. NS-516, prohibiting the issuance of building and grading
permits in subdivisions from El Camino Real west to the Ocean between Agua
Hedionda and Buena Vista Lagoons pending a report and recommendations of
the citizens committee to study sidewalk and street improvement standards.
AYES : Lewis, Hall, Nygaard, Kulchin
NOES: Finnila
ACTION: By consensus, Council requested that fees for appeals under the Urgency
Ordinance be waived during the study.
Council Member Kulchin requested that the letters from Thelma Hayes, dated November 1, 1999 and
William Daugherty, dated November 1, 1999, become part of the record. These letters are on file in the
City Clerk’s Office.
RECESS:
Mayor Lewis declared a recess at 8:12 p.m. Council reconvened at 8:20 p.m. with Mayor Lewis and four
Council Members present.
16. AB #15.477 - SAN DIEGO REGIONAL ENERGY OFFICE (SDREO) PRESENTATION.
Paul O’Neal, 163 West Mission Road, Public Affairs Officer for San Diego Gas and Electric, presented
an incentive check for $5,034 to the Mayor for making the new City Library energy efficient. Kurt
Kammerer, Regional Director of the San Diego Regional Energy Office gave a presentation that
introduced the SDREO policy statement and described the work that SDREO can perform with the City
to insure that building projects within the City are energy efficient.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-
482, declaring support for energy efficient building materials and practices.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
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November 2,1999 CITY COUNCIL Page 12
17. AB #15,478 - ESTABLISHMENT OF SPEED LIMIT ON CALLE TIMITEO.
ACTION: On motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO.
the addition of Section 10.44.620 to establish a prima facie 30 mile per hour
speed limit upon Calle Timiteo from Camino de Los Coches to its intersection
with La Costa Avenue.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
-9 NS 513 amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by
18. AB #15.479 - REPORT ON PREPAREDNESS EFFORTS FOR THE YEAR 2000.
Fire Chief Mike Smith and Management Analyst Joe Garuba presented an overview of the City’s Year
2000 preparedness program. Chief Smith described Electric Power, Water Supply, Sanitation, Public
Safety, and Consumer Concerns, reviewing associated factors such as risk, impact and mitigation efforts.
Chief Smith stated that 125 City employees will be on duty both New Year’s Eve, Phase 1 and New
Year’s Day, Phase 2. Chief Smith stated that the following Operation Centers will be open: City Hall;
Community Development, Las Palmas; 405 Oak Street; CMWD; Safety Center; and the Fire Stations.
Chief Smith stated that the cost for Phases 1 and 2 is $32,500; $23,500 for personnel and $9,000 for
materials and equipment.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-
mapproving the Year 2000 contingency plan and associated funding
recommendations submitted by the Carlsbad Emergency Management
Administrative Team.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
19. AB #15,480 - PARKS AND RECREATION COMMISSION APPOINTMENTS.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTIONS NOS.
99-323 and 99-324, reappointing Tim Davidson and Scott Pieratt to the Parks
and Recreation Commission.
AYES : Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
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November 2,1999 CITY COUNCIL Page 13
ADJOURNMENT:
By proper motion, the Regular Meeting of November 2, 1999, was adjourned at 859 p.m.
Respectfully submitted, &?i@ Assistant City Cler
Lorraine M. Wood
Deputy City Clerk