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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. a 0 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. 0 e 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. i - ) 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. 3 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 0 0 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. e 0 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. 0 0 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. 1 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. e 0 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.) rn m 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