HomeMy WebLinkAbout1999-12-07; City Council; Minutes1 0 e
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: December 7,1999
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:06 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard, and
Absent: None.
Kulchin
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
ACTION: On motion by Mayor Pro Tern Hall, Minutes of the following meeting were
approved as presented:
Minutes of the Special Meeting held October 19, 1999.
Minutes of the Regular Meeting held October 19, 1999.
Minutes of the Joint Special Meeting held October 19, 1999.
Minutes of the Regular Meeting held October 26, 1999.
Minutes of the Joint Special Meeting held October 26, 1999.
Minutes of the Regular Meeting held November 2, 1999.
AYES: Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSTAIN: Hall - (Joint Special Meeing of October 19, 1999 only)
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
City of Carlsbad Employee Holiday Breakfast, Wednesday, December 8, 1999, at 6:30 a.m., at the La
Costa Resort, 2 100 Costa Del Mar Road, Carlsbad.
Carlsbad Senior Center loth Anniversary and Rededication, Wednesday, December 8, 1999, at 1:30 p.m.,
Carlsbad Senior Center, 799 Pine Avenue, Carlsbad.
Aviara Holiday Festival of Trees, Thursday, December 9, 1999, at 6:OO p.m., at the Four Seasons Resort
Aviara, 7100 Four Seasons Point, Carlsbad.
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December 7,1999 CITY COUNCIL Page 2
Carlsbad Recreation Department Holiday Event, Monday, December 13, 1999, at 5:30 p.m., at the
Carlsbad Senior Center, 799 Pine Avenue, Carlsbad.
CONSENT CALENDAR.
ACTION: On motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #lo, with the exception of Item No. 3, 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 #15.506 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s investment
portfolio as of October 31, 1999.
2. AB #15.507 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED PYLE V. CITY.
Council accepted the report on the terms and conditions of the settlement, as required by the
Brown Act, in Pvle v. Citv, Case No. N079089.
3. AB #15,508 - BUDGET ALLOCATIONS FOR TREE POLICY AND STREET AND
SIDEWALK POLICY COMMITTEE.
The item was removed from the Consent Calendar.
4. AB #15.509 - AWARD OF CONTRACT FOR THE CANNON ROAD/CARLSBAD
BOULEVARD PROJECT - PROJECT NO. 3671.
Council adopted RESOLUTION NO. 99-504, accepting bids and approving a contract with Sean
Malek Engineering and Construction, Inc., for the widening of the south side of Cannon Road,
from Carlsbad Boulevard to El Arbol kve.
5. AB #15,5 10 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC SIGNAL AT
CARLSBAD VILLAGE DRIVE AND VALLEY STREET - PROJECT NO. 3620.
Council adopted RESOLUTION NO. 99-505, approving plans and specifications, and
authorizing the City Clerk to advertise for bids for the construction of a traffic signal at Carlsbad
Village Drive and Valley Street.
6. AB #15,5 11 - AWARD OF CONTRACT FOR FARADAY AVENUE EXTENSION STREET
IMPROVEMENTS - PROJECT NO. 3593-2.
Council adopted RESOLUTION NO. 99-506, accepting bids and approving a contract with MJ
Koch, Inc./El Cajon Grading & Engineering, Inc., Joint Venture, for the construction of Faraday
Avenue Extension Street Improvements.
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December 7,1999 CITY COUNCIL Page 3
7. AB #15,512- REVISION OF FIRE PREVENTION SPECIFICATION.
1 Council adopted RESOLUTION NO. 99-507, revising the Fire Prevention Officer I1 title to
Deputy Fire Marshal and revising the job description to accurately state the duties and
responsibilities of the position.
8. AB #15,513 - RENEWAL OF CONSULTANT AGREEMENT FOR GROUP BENEFIT
ROGRAMS.
Council adopted RESOLUTION NO. 99-508, approving an agreement with Towers Perrin for
Human Resources group benefit programs consulting.
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9. AB #15,514 - ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS SUBJECT TO
GOVERNMENT CODE SECTIONS 66006 AND 6600 1.
Council adopted RESOLUTION NO. 99-509, to make the required findings with respect to the
unexpended fund balance of certain development fee funds.
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10. AB #15,515 - FINAL MAP FOR CARLSBAD TRACT 96-04 - BROOKFIELD MEADOWS.
1 Council adopted RESOLUTION NO. 99-510, approving the final map for Brookfield
Meadows.
ITEM REMOVED FROM THE CONSENT CALENDAR:
3. AB #15.508 - BUDGET ALLOCATIONS FOR TREE POLICY AND STREET AND SIDEWALK
3 POLICY COMMITTEE.
Council Member Hall indicated that he had removed the item from the Consent Calendar due to questions
about whether budgets have been established for the Committees, and whether the Tree Committee has
input from arborists and from the Department of Forestry.
Public Works Director Hubbs responded that the funds requested will support the activities of the two
committees. He reported that an arborist is assisting with the Tree Committee, and that the Department
of Forestry representative has been invited to the Tree Committee meetings, but did not attend the first
meeting.
ACTION: On motion by Mayor Pro-Tem Hall, Council adopted RESOLUTION NO.
99-503, approving the budget allocations for the Tree Policy Committee and the
Street and Sidewalk Policy Committee for expenses related to the Committees.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin
NOES: None
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December 7,1999 CITY COUNCIL Page 4
ORDINANCES FOR ADOPTION:
11. AI3 #15,5 16 - ROESCH PROPERTY SUBDIVISION - ZC 98-12LCPA 98-09.
13 ACTION: On motion by Mayor Pro-Tem Hall, Council adopted ORDINANCE NO. NS- - 519, amending Section 21.05.030 of the Carlsbad Municipal Code by amending 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 Blackrail Road, in Local Facilities Management Zone 20.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin
NOES: None
12. AB #15,517 - CIUSTALLA - AVIARA PA 23 - SUGGESTED MODIFICATIONS -
MP -177(CC).
.3 ACTION: On motion by Mayor Pro-Tem Hall, Council adopted ORDINANCE NO.
NS-520, amending the Aviara Master Plan by the amendment of the
landscape design criteria requirements for Planning Area 23, incorporating
the California Coastal Commission’s suggested modifications.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin
NOES: None
PUBLIC COMMENT:
Michael Miller, 2303 Ocean Street, Apt. #4, Carlsbad, addressed Council regarding mental health
disabilities and presented information entitled “Mental Health Disabilities - An Introduction to The
Americans with Disabilities Act” to the Council. (A copy of this information is on file in the City Clerk’s
Office.)
Gordon Prentice, 3955 Monroe Street, Carlsbad addressed Council regarding improvements that are
being installed for the May Subdivision, including curbs, gutters, and sidewalks. He expressed concern
regarding the lack of improvements in front of his property and possible drainage problems from the new
subdivision during the winter. Mi-. Prentice also requested that improvements be installed at the comer
of Sunnyhill and Monroe to slow traffic in the area and prevent accidents.
In response to Mr. Prentice’s comments, Public Works Director Lloyd Hubbs stated that staff can monitor
the drainage situation and sand bag the area if necessary. He also explained that staff discussions with
the developer regarding the additional improvements in his work have not been very successful. He
noted that it will take thee to six months for the City to approve a contract to have the additional
improvements installed separately.
Steve Jamieson, an attorney representing Chevron Corporation, spoke regarding their appeal (Item #14),
and requested that the matter be continued to January, 2000, to allow them time to meet with community
groups regarding the matter.
City Attorney, Ron Ball stated that if Council wished to consider a continuance of the matter, Council
should consider hearing the matter out of agenda order.
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December 7, 1999 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORT:
ITEM TAKEN OUT OF ORDER.
On motion by Council Member Finnila, Council agreed to take Item No. 14 out of order and hear it at this
time.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin
NOES: None
14. AB #15,5 19 - APPEAL OF POLICE DEPARTMENT DENIAL FOR A TYPE 20 LIOUOR
LICENSE
The staff report was presented by Police Chief Bob Vales, who explained that the Police Department had
denied the application due to an over concentration of this type of liquor license in the census tract. He
further explained that Census Tract 178.83 already has five off-sale licenses, which is the allowable
number for this tract. In regards to the applicant’s request for a continuance of the matter, Chief Vales
stated that the applicant had applied for the license in August, and has had much time to prepare for this
hearing. He recommended that the request for a continuance of the matter be denied.
ACTION: On motion by Council Member Finnila, Council agreed to continue the matter to
a date specified by staff, January 4,2000.
AYES: Hall, Finnila, and Nygaard
NOES: Lewis and Kulchin
PUBLIC HEARINGS:
13. AB #15.518 - CT 98-21/HDP 98-23 - SEAVIEW SUBDIVISION.
The staff report was presented by Associate Planner Barbara Kennedy who explained that the project
would create a nine lot single-family residential subdivision on a 3.96 acre infill site, located at the end of
Seaview Way, north of Chestnut Avenue. Ms. Kennedy further explained that Lots 7 and 8 will contain
second dwelling units to satisfy the affordable housing requirement for the project, and that the project
also contains one panhandle lot on Lot 6. She explained that the project had gone through several
revisions in response to staff the neighborhood concerns regarding pad heights, drainage and sewer flows,
and compatibility with the surrounding area.
In response to Council inquiry, staff responded that none of the pads are planned to be elevated, but that
the City Engineer can approve changes in elevation up to three feet.
Council also inquired if a bond could be required of the developer to protect the surrounding
homeowners from drainage problems during the rainy season which result from the development. Staff
responded that portions of the bonds required are kept for the warranty period, which is one year.
Mayor Lewis opened the duly noticed public hearing at 6:54 p.m.
Joe Gallagher, the applicant, 1165 Home Street, Carlsbad addressed Council, stating that they had worked
with the surrounding neighborhood to minimize the impacts of this infill project. He expressed
agreement with all of the conditions for the project, and stated that the subdrains had been designed and
engineered to handle all of the irrigation drainage.
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December 7, 1999 CITY COUNCIL Page 6
Mr. Gallagher stated in response to Council inquiry that extending bonds past the warranty period is not
typical. He also stated that they are required to monitor the subdrains that they install, and are legally
responsible for 10 years to fix any defects or problems.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 657 p.m.
Council Member Kulchin referenced a letter, dated December 2, 1999, from Ken & Robin Hardesty in
support of the subdivision. She requested that the letter ( a copy is on file in the City Clerk’s Office) be
made a part of the record.
ACTION: On motion by Mayor Pro-Tem Hall, Council adopted RESOLUTION NO. 99- - 511, approving a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, a Tentative Tract Map, and a Hillside Development Permit
to subdivide 3.96 acres of property, generally located north of Seaview Way,
north of Chestnut Avenue, in Local Facilities Management Zone 1.
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 6:55 p.m. and reconvened at
6:58 p.m. with Mayor Lewis and all four Council Members present.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION:
Mayor Lewis adjourned to the Housing and Redevelopment Commission at 658 p.m. and reconvened at
7:58 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. AI3 #15,5 19 - APPEAL OF POLICE DEPARTMENT DENIAL FOR A TYPE 20 LIOUOR
LICENSE. 3
This item was taken out of order and considered earlier in the meeting (See page 5).
15. AB #15,524 - COMMUNITY ACTIVITY GRANTS PROGRAM 1999-2000 FUNDING
RECOMMENDATION.
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The staff report was presented by Cheryl Gerhardt, Senior Accountant and Keith Beverly, Senior
Management Analyst. They reported that $40,000 was appropriated for funding of the 1999-2000 grants,
that 11 applications had been received, and that the Council Subcommittee has recommended funding in
the amount of $39,450, for 5 of the requests. Ms. Gerhardt outlined the recommendations for $5,000 for
the PAL Shuttle and $5,000 for the Barrio Carlsbad Fiesta 2000. Mr. Beverly explained the
recommendations for $4,450 for Carlsbad Invasive Species and Habitat Education, $15,000 for the
Carlsbad Volunteer Trail Program, and $10,000 for the Children’s Museum.
Council discussed ways to condition the grants to ensure their use for public purposes. In response to
Council inquiry, staff responded that that the grant funds are handled on a reimbursable basis, and that the
applicants are required to submit reports detailing how the funds were used and what was accomplished
by the expenditure.
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December 7,1999 CITY COUNCIL Page 7
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- - 515, accepting the recommendations of the Community Activity Grant Council
Subcommittee, and allocating $39,450 in funds to the organizations identified in
the resolution.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
16. AB #15,520 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF ANILLO WAY.
2 Traffic Engineer Bob Johnson explained the staff recommendation for establishment of a 35 mile per
hour prima facie speed limit on Anillo Way from Levante Street to Madrilena Way.
ACTION: On motion by Mayor Pro-Tem Hall, Council introduced ORDINANCE NO.
NS-522, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by
the addition of Section 10.44.630, to establish a prima facie 35 mile per hour
speed limit on Anillo Way from Levante Street to its intersection with Madrilena
Way.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
17. AB #15.5210- ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF POINSETTIA
LANE. 2.
Traffic Engineer Bob Johnson explained the staff recommendation for establishment of the a 45 mile per
hour prima facie speed limit on Poinsettia Lane from Paseo Del Norte to Black Rail Road.
ACTION: On motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO.
NS-523, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by
the revision of Section 10.44.360 to establish a prima facie 45 mile per hour
speed limit on Poinsettia Lane, from Paseo Del Norte to its intersection with
Black Rail Road.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
18. AB #15.522 - ACOUISITIONREIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF
CARLSBAD BOULEVARD, ACOUISITION OF PROPERTY ALONG POINSETTIA LANE,
AND APPROPRIATION OF FUNDS TO POINSETTIA PROPERTIES PLANNING AREA 8 -
CT 97-22.
Public Works Director Lloyd Hubbs presented the staff report on the matter, explaining that the
installation of improvements to Carlsbad Boulevard, along the PA 7 and PA 8 frontages will be realigned
further to the east so that the City can recover additional usable property along the west side. He stated
that the City views these improvements as a benefit to the public, and as such, agrees that the developer
(Shea Homes) is entitled to reimbursement for the realignment for PA 8.
Council Member Finnila referenced a letter, dated November 24, 1999, from Andrew Murphy of
Fieldstone Communities, Inc., regarding the agreement with Shea Homes, for the realignment and
construction of Carlsbad Boulevard. (A copy of this letter is on file in the City Clerk’s Office.)
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December 7,1999 CITY COUNCIL Page 8
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-
the realignment and construction of Carlsbad Boulevard, the acquisition of city
fee owned property along Poinsettiua Lane, and appropriating additional funds
for CT 97-22, Poinsettia Properties, Planning Area 8.
- 513, approving an acquisitiodreimbursement agreement with Shea Homes for
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
19. AB #15,523 - DESIGN REVIEW BOARD APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-514,
reappointing Bill Compas as the Planning Commission representative to the
Design Review Board.
AYES : Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
20. AB #15,525 - APPOINTMENT TO CITIZENS COMMITTEE TO STUDY SIDEWALKS AND
STREETS.
ACTION: On motion by Mayor Pro-Tem Hall, Council adopted RESOLUTION NO. 99-
- 516, appointing Bailey Noble to the Citizens Committee to Study Sidewalks and
Streets.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
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 December 7, 1999, was adjourned at 8:27 p.m, by Mayor
Lewis, in memory of Kay Christiansen and former Mayor C.B. Ledgerwood, who both recently passed
away.
Respectfully submitted,
Assistant City Clerk