HomeMy WebLinkAbout1999-11-16; City Council; Minutesa a
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 16,1999
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:08 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and
Absent: None.
Kulchin
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
LEGOLAND California Partners in Learning Awards Ceremony, Friday, November 19, 1999,6:00 p.m.,
LEGOLAND, One LEGOLAND Drive, Carlsbad.
General Hanlon’s Luncheon, Tuesday, November 23, 1999, 11:30 a.m., Camp Pendleton, California.
City of Carlsbad Northwest Quadrant Community Forum, Tuesday, November 23, 1999,7:00 p.m., 1200
Carlsbad Village Drive, Carlsbad.
APPROVAL OF MINUTES:
ACTION: On a motion by Mayor Pro Tern Hall, Minutes of the following meeting were
approved as presented:
Minutes of the Regular Meeting held October 5, 1999
AYES: Lewis, Hall, Finnila, and Nygaard
NOES: None
ABSTAIN: Kulchin
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #5, as follows:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
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November 16, 1999
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
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5.
AB #15,494 - LEASE AGREEMENT FOR HOUSING AND REDEVELOPMENT OFFICES
LOCATED AT 2965 ROOSEVELT STREET.
Council adopted RESOLUTION NO. 99-497, approving a lease agreement with Carlsbad
Equity Properties for Suites B and C, located at 2965 Roosevelt Street, for the Housing and
Redevelopment Department Offtces.
AB #15.495 - LEASE AGREEMENT FOR PROPERTY ADJACENT TO THE COLE
LIBRARY PARKING LOT.
Council adopted RESOLUTION NO. 99-498, approving a lease agreement with Adrian Chavez
for the use of 1.7 acres of property adjacent to the Cole Library for agricultural purposes.
AB #15.496 - LEASE AGREEMENT FOR ADULT LEARNING CENTER LOCATED AT
1207 CARLSBAD VILLAGE DRIVE.
Council adopted RESOLUTION NO. 99-499, approving the lease agreement with Colonial
Mall for Space Nos. M, N, 0, and T, located at 1207 Carlsbad Village Drive, for the Adult
Learning Center.
AB #15.497 - REJECTION OF PREVIOUS BIDS AND AUTHORIZATION OF RE-
ADVERTISEMENT FOR BIDS FOR THE WIDENING OF PALOMAR AIRPORT ROAD
FROM EL CAMINO REAL TO MELROSE DRIVE - PROJECT NO. 3602.
Council adopted RFSOLUTION NO. 99-500, rejecting all bids previously received for the
Widening of Palomar Airport Road from El Camino Real to Melrose Drive, and authorizing the
City Clerk to re-advertise for bids for the project.
AB #15.503 - UPDATE ON STATUS OF FARADAY BUILDING CONSTRUCTION AND
PAYMENT APPROVAL.
Council adopted RESOLUTION NO. 99-502, approving payment of certain items due under
the lease agreement with Faraday Business Plaza, LLC for the new City o&e building at 1635
Faraday Avenue.
ORDINANCES FOR ADOPTION:
6. AB #15,504 - AMENDMENT TO TITLE 18 REGARDING PUBLIC IMPROVEMENTS.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO.
NS-518, amending Title 18, Chapter 18.40 of the Carlsbad Municipal Code by
the addition of Section 18.40.040, relating to when public improvements are
required for the issuance of individual building permits.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
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November 16,1999 CITY COUNCIL Page 3
7. AB #15,505 - ZC 98-09LCPA 98-06/SDP 98-19 - MANZANITA APARTMENTS.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO.
NS-517, approving a Mitigated Negative Declaration and Mitigation and
Monitoring and Reporting Program, Zone Change, Local Coastal Program
Amendment and Site Development Plan for a 157-unit apartment development
on property generally located adjacent to El Camino Real just south of Cassia
Road, within Local Facilities Management Zones 21 and 10.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
PUBLIC COMMENT:
Rea Bowen, 2637 Davis Avenue, expressed her concern regarding drainage into her yard from a two
story duplex that has been built on a hill eight feet above her property. She stated that a five foot
retaining wall was constructed with a gutter located on top of the retaining wall and with pipes projecting
from the wall, which drain water onto her property. In addition, Ms. Bowen stated that on another
section of land adjacent to her property a five inch retaining wall has been built next to a fifteen inch wall
creating a gap. She stated that water flows have no where to go except through the gap onto her property,
and expressed concerns that seasonal rains may flood her home. She asked for the City’s help
concerning this matter.
Jack Debes, 4055 Park Drive, read from a letter to the Street and Sidewalk Committee Members, dated
November 15, 1999, (this letter is on file in the City Clerk’s Office) expressing his concern regarding the
environmental impact of sidewalk installation, street widening, and tree removal. As an example, Mr.
Debes discussed the environmental impact of the proposed 500 foot section of road on Park Drive
(Project No. 6, CDP 99-29). He stated that ultimately the rainwater runoff would contribute to the
pollution of both Agua Hedionda and Buena Vista Lagoons. He also stated that the removal of trees and
shrubs, stemming from the Park Drive construction, will not only be detrimental to species who live in
the flora but will also decrease plant oxygen production. He stated that an EIR should have been
performed prior to the Park Drive Project, or any project of equivalent scope.
Gordon Prentice, 3955 Monroe Street, asked for the City’s assistance in expediting and approving the
May Subdivision permits to add 250 feet of public road improvements to Monroe Drive. Mr. Prentice
explained that the improvements were scheduled for approval prior to the formation of the Streets and
Sidewalks Committee and the building permits moratorium, but that now the permitting status is
uncertain. He explained that if the improvements are not in place before the start of seasonal rains the
Prentice house will flood. Mr. Prentice also asked for City action on related Monroe Street problems,
specifically the blind corner at the intersection of Sunnyhill and Monroe. Mr. Prentice distributed a letter
to Council and staff, dated November 16, 1999, concerning this matter. (This letter is on file in the City
Clerk’s Office.)
Mary Sea, 6423 Merlin Drive, expressed her concern regarding the increase in aircraft noise from the
Palomar Airport. She stated that as development in the area has increased the frequency and level of
noise from the airport has also increased. She stated that currently Palomar’s aircraft are subject to
voluntary noise abatement procedures but she does not believe that these procedures are being followed.
Ms. Sea stated that she is seeking mandatory rules for aircraft noise abatement and a restriction on any
increase in airport operations until these rules are in place. She indicated that she is contacting the FAA
and the County to address the problem. She requested the City’s support concerning the aircraft noise
abatement issue, and asked to have this item listed on a future Council Agenda.
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November 16,1999 CITY COUNCIL Page 4
Ronald Sea, 6423 Merlin Drive, also stated his concern with the volume and number of aircraft flights at
Palomar Airport. He stated that there are 400 takeoffs per day and that many aircraft deviate from the
voluntary procedures. He stated his belief that many pilots use excuses, such as marine layer conditions,
to deviate from the voluntary noise abatement procedures.
Arthur L. Rosa, 6378 Topmast Drive, also expressed his concern regarding the noise from aircraft at
Palomar Airport and stated that this disturbance had become more frequent in the past eight months. He
spoke in favor of mandatory rules for noise abatement and an aircraft curfew, and asked for the City's
help concerning this matter. He stated that when he purchased his home the sellers told him that the
airport noise would not be a problem.
In response to Mr. Debes' comments, City Attorney Ron Ball explained that the City follows CEQA
guidelines for all city engineering projects to assure that each project receives the appropriate level of
environmental review.
PUBLIC HEARINGS:
8. AB #15,490 - AUTHORIZATION TO DISTRIBUTE REOUEST FOR PROPOSALS FOR THE
2000/200 1 CDBG/HOME PROGRAM.
Frank Boensch, Management Analyst, Housing and Redevelopment, stated that the public hearing would
allow for public comment from groups that might be impacted by change to the programs funding
strategy recommended by the City Council ad hoc committee. He explained that the ad hoc Committee
had determined that a priority need for low income residents is affordable housing and had recommended
that CDBG funding previously available to community groups for facility improvements be set aside for
the creation of new affordable housing opportunities. Mr. Boensch stated that representatives of groups
that have been awarded CDBG funds over the last two years have been notified about the public hearing
and that some group representatives are in attendance.
Mr. Boensch outlined the options for Council as follows: 1 .) Approve the Funding Plan Strategy
alternatives with the changes recommended by the ad hoc Committee; 2.) Make no changes to the
current Funding Plan Strategy; 3 .) Make funding changes as determined by City Council. He also
requested that Council authorize distribution of request for proposals and approve the application review
process.
Mayor Lewis opened the duly noticed public hearing at 6:37 p.m.
Jan Giacinti, 2132 14th Street, Encinitas, Executive Director of the Boys and Girls Club, spoke in favor of
retaining the current CDBG Funding Strategy. She referred her letter, dated December 15, 1999, and
attached USA Today newspaper article, dated Monday, November 8, 1999, (Copies are on file in the City
Clerk's Office) that stated that the federal government has spent more that $100 million dollars to
establish new Boys and Girls Clubs in the US. Ms. Giacinti stated that this past year the membership in
the Carlsbad Club has increased four-fold, and that there are plans for a new 20,000 foot facility in the
Southern Sector. She stated that the Club and the City have been partners for 47 years and she asked that
the CDBG funds be used for helping organizations such as the Boys and Girls Club.
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Joe Silva, 2472 Impala Drive, Deputy Director Catholic Charities, and operator of La Posada de
Guadalupe de Carlsbad, a men’s shelter, also spoke in favor of retaining the current Public Facilities
Funding portion of the CDBG Funding Strategy. He stated that the buildings at La Posada de Guadalupe
are regulated by a Conditional Use Permit and his organization must make improvements such as paving
the parking lot and enclosing trash bins. He stated that the CDBG funds are the only ones that his group
can access for Capital Improvements. He stated that although he supports affordable housing he asked
that funding remain in the Public Facilities category, and that other funds, such as HUD funds, are
available for affordable housing.
Frank Sorino, 3528 Madison, Director of Join Hands, Save a Life, suggested that CDBG applicants be
told that their grants may be changed to loans. He stated that after five years of CDBG grants, when his
organization is ready to build, he discovered that he his grant is a loan instead. Mr. Sorino stated that he
is required to use his land as collateral for the Deed of Trust and that no other CDBG applicant has had to
have this requirement imposed on them. He stated that if a change in funding does not allocate facilities
funding to non-profit organizations then Join Hands-Save a Life will have to pay for the majority of the
completed building costs such as furnishings, utilities, supplies, staffing, and operating expenses. Mr.
Sorino expressed his concern that a decision to change the established funding will have an impact on
non-profit charitable organizations and may discourage those who would step up to help when there is a
Community problem.
Council Member Kulchin asked that the letters from Jan Giacinti, representing the Boys and Girls Club,
dated November 15, 1999, and fiom Kathleen Dunn Wellman, representing Caring Residents of
Carlsbad, Inc., dated November 16, 1999, become part of the record. (These letters are on file in the City
Clerk’s Office.)
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 6:54 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
99-495, authorizing distribution of a request for proposals for the FY 2000-2001
Community Development Block Grant (CDBG)/Home Investment Partnership
(HOME) Strategy; and
accepting comments and approving CDBG/HOME Funding Plan Strategy with
no changes to the current funding strategy, per Alternative “By’ of the staff
recommendations; and
approving the CDBG/HOME Application Review Process.
AYES: Lewis, Hall, Kulchin
NOES: Finnila, Nygaard
Mayor Lewis requested that, by the first week in December, Council Members to make their selections of
four members (one member from each quzdrant of the City) to serve on the CDBG Funding Advisory
Committee.
Upon Council inquiry, Mr. Boensch stated that the CDBG Funding Advisory Committee will begin their
review and recommendation process by holding a workshop tentatively scheduled on January 24,2000.
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9. AB # 15,498 - ZC 98-12LCPA 98-09 - ROESCH PROPERTY SUBDIVISION.
Associate Planner Anne Hysong, gave the staff report on the Zone Change and Local Coastal Program
Amendment, Mitigated Negative Declaration and Mitigation and Monitoring Program for the 27.7 acre
property located in Zone 20 of the Specific Plan. She stated that the Planning Commission had
previously approved a Tentative Tract Map CT 98-19, HDP 98-21, SDP 99-05, CDP 98-86 for 21
standard single family lots and residences, one open space lot, and the purchase of 3.7 affordable housing
credits in Villa Lorna for the Roesch Project.
Upon inquiry from Council, Ms. Hysong stated that the trails bounding the property will be public trails
and that the Homeowners Association will be required to maintain the trails.
Mayor Lewis opened the duly noticed public hearing at 7:09 p.m.
Jack Henthorn, 5375 Avenida Encinas, representing the applicant, Standard Pacific Homes, asked for
Council to confirm the Planning Commission’s recommendation for approval of the project.
Upon inquiry from Council, Mr. Henthorn agreed that a map and model of the trail systems, in relation to
the Roesch Property Subdivision, could be highlighted as an indication to potential home buyers that
there will be public trails in the area.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7: 1 1 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
99-501, approving a mitigated negative declaration and mitigation monitoring
and reporting program, and local coastal program amendment to change the
zoning on the site from L-C to R-1-7,500-Q on 5.83 acres and 0-S on 21.87
acres on property generally located to the north of Poinsettia Lane between
Aviara Parkway and Black Rail Road in the Zone 20 Specific Plan area and
Local Facilities Management Zone; with the addition of Condition No.3
requiring the project to post signs and disclosures that the trails are open to the
public, as follows: “a.) Signs will be posted at appropriate locations to indicate
the public nature of the trail to the satisfaction of the Planning Department; b.)
That such signs will be posted until all houses are sold; c.) The fact that the trail
is open to the public shall be prominently displayed in all relevant disclosure
documents; d.) The developer shall include a notice on the maps and models in
the sales office in a prominent location indicating the fact that the trail is open to
the public”; and
Council introduced ORDINANCE NO. NS-519, amending Section 21.05.030 of
the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a
Zone Change, ZC 98-12 from L-C to R-1-7,500-Q and 0-S on Property generally
located north of Poinsettia Lane between Aviara Parkway and Black Rail Road
in Local Facilities Management Zone 20.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
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10. AB # 1 5,499 - MP 177 (CC) - CRISTALLA-AVIARA PA 23 SUGGESTED MODIFICATIONS.
Mike Grim, Senior Planner, stated that the item under consideration is an amendment to the Aviara
Master Plan to incorporate the Coastal Commission’s suggested modifications concerning more precise
language regarding fire suppression around Planning Area 23.
Mayor Lewis opened the duly noticed public hearing at 7: 17 p.m.; seeing no one wishing to testify the
hearing was closed at 7: 17 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO.
NS-520, approving an amendment to the Aviara Master Plan to incorporate the
Coastal Commission’s Suggested Modifications for Planning Area 23 into the
Aviara Master Plan and Local Coastal Program Implementing Ordinances.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 7: 18 p.m. and reconvened at
7:21 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
1 3 1 1. AB # 1 5,3 94 - APPEAL OF GRADING PERMIT AT 3 160 FALCON DFUVE.
Principal Civil Engineer Robert Wojcik presented the staff report on the appeal of the City Engineer’s
issuance of a grading permit at 3 160 Falcon Drive, PD 487. Mr. Wojcik reviewed the permitting history
for the residence at 3 160 Falcon Drive: Beginning in 1997 both a Single Family Development Permit
and Retaining Wall permit were issued to Mr. Walsh by the City. In December, 1997 a Stop Work Order
was issued on another retaining wall being constructed without a permit. In 1998 Mr. Walsh applied for
a grading permit , which was required due to the amount of grading. In May, 1998 the Hillside
Development Ordinance was changed and Single Family Developments were made exempt. In May,
1999 Mr. Walsh was issued a pool permit and seven days later the pool was red-tagged with an
Engineering Grading violation. In June, 1999 pool soils were spread against the retaining wall thereby
triggering a grading permit requirement and issuance of a grading violation. On June 18, 1999, after
payment of a double fee penalty, a grading permit was issued. In July 1999 during final inspection of the
retaining wall it was noted that the wall was too high and that the drains were not per the original plan.
In August, 1999 the appeal was filed. In September, 1999 the grading permit was final and in November
1999 final inspection of the Single Family Development retaining wall was secured.
Mr. Wojcik concluded by stating that at 3 160 Falcon Drive, no slopes are steeper than two horizontal feet
to one vertical foot, the grading is exempt from the Hillside Ordinance, the toes of slopes are set back
from the property lines, and drainage of the property remains substantially the same as the pre-existing
condition. He stated that the ministerial grading permit was properly issued by the City Engineer in
conformance with City standards and recommended denial of the appeal. Mr. Wojcik stated that the
issue for Council consideration is the appeal of the grading permit for the distribution of the soils from
the pool excavation.
Upon inquiry from Council, Mr. Wojcik stated that a request for a grading permit undergoes staff review
and that there is no public notification required by City or State regulations.
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November 16,1999 CITY COUNCIL Page 8
Bill Deering, 3 155 Falcon Drive, stated that his property has been adversely affected by the grading and
backfill of soil against the retaining wall at 3 160 Falcon Drive and that a serious health and safety issue
exists. Mr. Deering referred to the following letters (these letters and pictures of the Deering’s property
are on file in the City Clerk’s Office): a letter dated June 15, 1998 from City staff to Mr. Walsh,
explaining that plans for the grading could not be supported; and a letter dated August 17, 1999 from
City Staff to Mr. and Mrs. Bowling and a letter September 22, 1998 from the City staff to Mr. Deering
both indicating that Mr. Walsh’s property was graded without a permit, that the property was not in
compliance with the Hillside Ordinance, and that the City was in the process of denying the grading
permit. Mr. Deering questioned why the City eventually issued the grading permit. He further stated that
as a result of the grading his five foot swimming pool fencing has now been reduced to approximately
one foot and this decrease has created a compliance issue. He also stated that reconfiguration of the
slope has negated the natural drainage pattern and has resulted in erosion. Mr. Deering referred to
pictures of his property that illustrate the drainage and erosion patterns. He also expressed concern
regarding the drainage of a white substance from Mr. Walsh’s property and he questioned the residue’s
source and composition
Kathy Deering, 3 155 Falcon Drive, stated that she has two issues from staffs presentation on the Walsh
property. First, she stated that she and her husband had brought to staffs attention that the Walsh
property slope had been pushed out five feet and that, in fact, staff measured the slope to be seven feet.
Secondly, she stated that the water does not trickle out of the drain in a manner that does not cause
erosion as in staffs description and she urged Council to review the pictures of erosion on her property.
Ms. Deering stated that the grading has caused health and hazard conditions on her property and asked
that the retaining wall be removed and that the slope be returned to the original grade.
Phil Bowling, 3 180 Falcon Drive, distributed a packet detailing the effects of the Walsh property grading
on his property. (A copy is on file in the City Clerk’s Office) He stated that the filling, backfilling and
pushing out of the pre-graded parcel from November 1997 to June 1999 was performed without City
approval. He stated that the work is in violation of the Grading Ordinance, Hillside Ordinance, Hillside
Guidelines and neighborhood CC&Rs and that the adjoining properties have been negatively impacted.
He outlined the negative impacts created by Mr. Walsh’s grading as drainage and erosion, pool safety
and liability, and fencing issues. He asked that Mr. Walsh restore the hillside back to its pre-graded
condition, remove the fill and be prohibited from any additional grading, filling, pushing out,
construction or re-construction development on the hillside. He stated that he would like to have the
appeal fee refunded and requested that he receive a written reply to the issues he has raised concerning
this matter.
Norman Walsh, 420 Foussat, Oceanside, stated that he is an ex-builder and stated that the problems
concerning his property at 3 160 Falcon Drive, stem from miscommunication with and between him and
City Code Enforcement, Building, Planning and Engineering staffs. He explained that the height of the
three foot retaining wall only varies in some areas by four inches at the maximum. Mr. Walsh stated that
he had tried to comply with the City on every issue and had requested that Code Enforcement visit his
property to render an opinion on fencing so he could be assured he was in compliance. He stated that the
chemical substance on Mr. Deering’s property is from his pool finish and that when he noticed the
leaching he had tried to stop the drainage. He stated that he would put a six foot fence on top of his wall
to bring Mr. Deering’s pool area back into compliance with code. Mr. Walsh stated that his retaining
wall has prevented soil erosion on Mr. Deering’s property. He expressed his frustration with the issues
concerning his property.
Upon Council inquiry, Mr. Walsh stated that he had built the retaining wall to stem further soil erosion of
his property. In response to further inquiry, he stated that he had filled three feet of soil against the
retaining wall because he was allowed to do so by staff.
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City Attorney Ron Ball explained the decision before Council is the appeal of the issuance of ministerial
permits for both grading and the retaining wall. He further explained that ministerial permits only
require that the permits meet standards of the building code and grading ordinance.
Upon inquiry from Council, Mr. Ball stated that if Council wishes to include the retaining wall permit in
its decision, then Council action would be: “to consider amending Resolution No. 99-327 to deny the
appeal and uphold the City Engineer’s decision to issue a grading permit for 3 160 Falcon Drive, PD 487,
on the condition that Mr. Walsh apply for and obtain an administrative variance to increase the height of
his fence such that it meets the minimum requirements on both sides for fences under the City’s
swimming pool code and that he comply with the terms and conditions of that administrative variance.
Since significant relief has been granted as a result of this appeal, appellant’s appeals fees be refunded
pursuant to Policy No. 54.”
By consensus, Council agreed to include the consideration of Mr. Walsh’s retaining wall in this item.
Upon inquiry from Council concerning the dispersion of water on the Deering property, Mr. Wojcik
suggested that Mr. Walsh place gravel underneath his drain outlet structure, and that the Deering’s
property be raked out in the area of erosion so that the water would flow more naturally and not pool.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-
327, denying the appellants appeal and upholding the City Engineer’s decision to
issue a grading permit for 3 160 Falcon Drive, PD 487; with the addition of
Condition No. 3, “That the City Engineer’s issuance of a grading permit is
hereby confirmed and the appeal is denied on the condition that Mr. Walsh apply
for and obtain an administrative variance to increase the height of his fence such
that it meets the minimum requirements on both sides for fences under the City’s
swimming pool code and that he comply with the terms and conditions of that
administrative variance”; and with the addition of Condition No. 4, “Since
significant relief has been granted as a result of this appeal, appellant’s appeals
fees shall be refunded pursuant to Policy No. 54.” The Council also agreed that
the City would pay the fee ($450) for the administrative variance.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None. -
RECESS:
Mayor Lewis declared a recess at 8:3 1 p.m. Council reconvened at 8:35 p.m. with Mayor Lewis and four
Council Members present.
12. AB #15,500 - 1-5 LANDSCAPING ADJACENT TO CAR COUNTRY CARLSBAD.
Assistant City Manager Frank Mannen, described the proposed plans for re-landscaping the 1-5 right-of-
way adjacent to Car Country Carlsbad. He outlined the four options for Council consideration: 1 .)
Leave the trees and landscaping as is; 2.) Prune the trees as per the April 1998 Agreement, at an
estimated cost of $4,500; 3.) Re-landscape as per the concept plan outlined in Exhibit 1 at an estimated
cost to the City of $40,000; or, 4.) Direct staff to develop a concept plan consistent with the 1-5 Corridor
Master Plan including cost estimates, and to return to Council for further discussion.
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Upon inquiry from Council, Mr. Mannen explained that the re-landscaping plan called for removal of 24
California Pepper trees and that these trees would be replaced at a ratio of 3 to 1 with more suitable trees.
Jim Finney, 16583 Zumaque Street, Rancho Santa Fe, stated that he had participated in discussions with
Council Member Nygaard, City Staff, the Car Dealer’s Association and Caltrans concerning the re-
landscaping project. He stated for the record that he did not directly represent Car Country Carlsbad, but
rather, had been asked by them to continue to work on this project. Mr. Finney stated that the Pepper
Trees, which currently line the 1-5 right-of-way, are messy and block the view of the car showrooms. He
spoke in support of option #3, the re-landscaping of the area per the conceptual plan. In response to
inquiry, he agreed that Car Country would pay for additional landscaping materials, in an amount not to
exceed $4,000.
Council Member Finnila stated that she has not seen the concept plan for landscaping.
ACTION: On a motion by Mayor Pro Tem Hall, Council approved Option #3, to re-
landscape as per the concept plan outlined in Exhibit 1, Memo to the City
Manager, from the Park Development Coordinator, dated July 26, 1999, with a
condition that Car Country pay for additional planting materials.
AYES: Hall, Nygaard, Kulchin
NOES: Lewis, Finnila
Mayor Lewis indicated that he did not support Option #3 due to concerns regarding ongoing maintenance
costs.
Council Member Finnila stated she could not support Option #3 because she not seen, or had time to
review the plan.
13. AB #15,501- ESTABLISHMENT OF A NO PARKING ZONE ON JACKSPAR DRIVE FROM
CAMINO HILLS DRIVE TO EL CAMINO REAL.
Bob Johnson, Deputy City Engineer, presented the staff report outlining the establishment of a No
Parking zone on both sides of Jackspar Drive from Camino Hills Drive to El Camino Real. He stated that
the request to establish the No Parking Zones came as a request from the Evans Point Homeowners
Association. He stated that Jackspar Drive has a 40 foot width and serves nearby residences and the
industrial area south of El Camino Real, near Faraday.
Council indicated they would like additional information regarding the parking conditions in the area and
would also like to hear from the applicant regarding this request.
By consensus, the matter was returned to staff.
14. AB #15,502 - REPORT ON EMERGENCY PREPARENESS PROGRAM.
Fire Division Chiefs Mike Smith and Brian Watson presented a report on the City’s Emergency
Preparedness Program.
Chief Smith explained that the City Disaster Preparedness Program is aligned with the California
Standard Emergency System (SEMS), a system which organizes, directs and controls emergency actions.
He stated that Emergency Management concepts included: 1 .) mitigation, such as weed abatement; 2.)
preparedness, those activities such as alert and warnings; 3 .) response, to restore order; and 4.) recovery
and repair. Chief Smith also explained the makeup of the Emergency Operations Structure that aids in
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the response to a disaster: 1 .) operations; 2.) planning; 3,) logistics; and 4,) finance, He stated that the
Carlsbad Emergency Management Administrative Team (CEMAT) was formed in 1995 and he gave a
brief overview of the team's history and roles in mitigation and recovery. He also reviewed the
Program's Activities in the last 12 months and activities planned for the next 6 months.
Upon Council inquiry, Chief Smith stated that school presentations could be added to next spring's
disaster preparedness program.
Upon Council inquiry, Chief Smith described the use of airwave notification using the Communication
Alert System.
Chief Brian Watson described the Fire Mutual Aid Program which enhances the resources for fires
within the City and State. He stated that the four types of aid are autoaid, utilizing units from other
cities; San Diego County mutual aid, working under a local agency agreement; Statewide mutual aid,
administered by the Governor's office of emergency services; and the five party co-operative agreement,
an agreement between wild land and local agencies to assist Federal agencies such as the Office of
Emergency Services, California Department of Forestry, and the US Forestry Service.
Chief Watson also gave an overview of both in-house and outside training. He stated in-house training
was comprised of training at the company and department levels. He also stated that outside training was
comprised of seminars, drills, and coursework at educational institutions.
By consensus, Council received the report.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some of the committees and
subcommittees of which they are members.
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of November 16, 1999, was adjourned at 9:50 p.m.
Respectfully submitted, diiiis c Y Assistant City Clerk"
Lorraine M. Wood
Deputy City Clerk