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HomeMy WebLinkAbout1999-12-14; City Council; Minutes (2)I* 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 14,1999 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~ ~ ~~~~ CALL TO ORDER: Mayor Lewis,called the Meeting to order at 6:09 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, Minutes of the following meeting were approved as presented: Kulchin Minutes of the Regular Meeting held November 9, 1999. Minutes of the Special Meeting held November 16, 1999. Minutes of the Regular Meeting held November 16, 1999. Minutes of the Special Meeting held November 23, 1999. PRESENTATIONS: Mayor Lewis presented a retirement proclamation to Assistant City Attorney Rich Rudolph. Mayor Lewis presented proclamations for “Ride, Don’t Drive Week” to the following Carlsbad businesses: Ashworth, Inc., Beckman Coulter, Callaway Golf Company, City of Carlsbad - Community Development, Cobra Golf, Inc., Directors Acceptance, Gemological Institute of America, Glacier Water Vending Services, Immune Response, Isis Pharmaceuticals, LEGOLAND California, Mallinckrodt, and Reef Management. ANNOUNCEMENT§: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: 1999 Police Awards Ceremony, Wednesday, December 15, 1999, at 2:OO p.m., at the Carlsbad Public Safety Center, 2560 Orion Way, Carlsbad. Agua Hedionda Lagoon Foundation Holiday Event, Wednesday, December 15, 1999, at 7:OO p.m., at Via Sat, 6155 El Camino Real, Carlsbad. Hillman Properties Holiday Event, Thursday, December 16, 1999, at 6:30 p.m., at the Argyle Restaurant, Aviara Clubhouse, 7447 Batiquitos Drive, Carlsbad. 0 0 I 1 - 1 1 , I 1 ) - ) December 14,1999 CITY COUNCIL Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #1 through #13, with the exception of Items #8, #11, and #12, 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 #15.526 - AWARD OF CONTRACT FOR PURCHASE OF FORESTRY FIRE HOSE. Council adopted RESOLUTION NO. 99-517, accepting the bid proposal of KMP Fire for the purchase of forestry fire hose. 2. AB #15,527 - APPROVAL OF AGREEMENT WITH NORTH COAST AQUATICS FOR USE OF THE COMMUNITY SWIM COMPLEX. Council adopted RESOLUTION NO. 99-518, approving an agreement with North Coast Aquatics for use of the Community Swim Complex to conduct a competitive swimming program. 3. AB #15.528 - ADDITIONAL FUNDS FOR THE ARJ3NAL ROAD RECONSTRUCTION PROJECT - CONTRACT NO. 3590. Council adopted RESOLUTION NO. 99-519, approving the appropriation of additional funds for the Arena1 Road Reconstruction. 4. AB #15,529 - AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL SERVICES FOR ENVIRONMENTAL STUDIES FOR THE RANCHO SANTA FE ROAD BRIDGE REPLACEMENT - PROJECT NO. 3 190. Council adopted RESOLUTION NO. 99-520, approving Amendment No. 2 to an agreement with Dudek & Associates, to provide environmental services for environmental studies for the Rancho Santa Fe Road Bridge Replacement. 5. AB #15,530 - AGREEMENT FOR THE JON USE OF REAL PROPERTY - CT 85-35, AVIARA PHASE 1, UNIT C - LUPINE ROAD. Council adopted RESOLUTION NO. 99-521, approving a Joint Use Agreement with San Diego Gas & Electric for the joint use of the area common to both the SDG&E easement and the City’s dedicated street right-of-way for Lupine Road, for the construction, operation and maintenance of both parties’ facilities in, over, under and across the designated area. 6. AB #15,531- APPROVAL OF LEASE AGREEMENT FOR USE OF CITY-OWNED PROPERTY AT 2833 STATE STREET. Council adopted RESOLUTION NO. 99-522, approving a lease agreement with Dale Perrigo, d.b.a. The Village Grille for use of City-owned property at 2833 State Street. ,, a 0 December 14,1999 CITY COUNCIL Page 3 7. AB #15.532 - AWARD OF CONTRACT FOR THE INSTALLATION OF CENTRALIZED WIRELESS REMOTE LIGHTING CONTROL SYSTEMS AT VARIOUS LOCATIONS. Council adopted RESOLUTION NO. 99-523, accepting the bid proposal of Building Energy Consultants for the installation of a centralized wireless remote lighting control system at Stagecoach, Calavera, and Poinsettia Parks, and Chase Field, Pine Field, and high school tennis courts. 8. AB #15.533 - APPROVAL OF THE LIBRARY MEETING FACILITY USE POLICIES AND PROCEDURES AND FACILITY USE FEE SCHEDULE. This item was removed from the Consent Calendar. 9. AB #15.534 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CURB, GUTTER & SIDEWALK REPLACEMENT - CONTRACT NO. STS99-00-01. Council adopted RESOLUTION NO. 99-525, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for Curb, Gutter & Sidewalk replacement. 10. AB #15.535 - APPROVAL OF RECORDS DIVISION AND RECORDS MANAGER CLASSIFICATION. Council adopted RESOLUTION NO. 99-526, establishing the Records Division and establishing the new job classification and salary of Records Manager, and authorizing fund transfers. 11. AB #15,536 - APPROVAL OF AGREEMENT FOR CONSTRUCTION OF PHASE 2 OF CITY OF CARLSBAD INTERNET WEB SITE. This item was removed from the Consent Calendar. 12. AB #15,537 - REMOVAL OF A DISEASED AND DEAD PALM TREE AT 3702 JEFFERSON STREET. This item was removed from the Consent Calendar. 13. AB #15,541 -REVISION OF TRAVEL POLICY. Council adopted RESOLUTION NO. 99-534, approving the recommended modifications to Council Policy No. 2, which will provide more clarity and ease of use when City personnel need to travel. .. 0 e December 14,1999 CITY COUNCIL Page 4 ITEMS REMOVED FROM TFLE CONSENT CALENDAR: 8. AB #15,533 - APPROVAL OF THE LIBRARY MEETING FACILITY USE POLICIES AND PROCEDURES AND FACILITY USE FEE SCHEDULE. Council Member Nygaard stated she would like to see a report after the new policies and fees have been implemented for six months. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 99-524, approving the Library Meeting Facility Use Policies and Procedures and Facility Use Fee Schedule; and Council directed staff to return with a report evaluating the use policies, procedures and fees after six months. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None 11. AB #15,536 - APPROVAL OF AGREEMENT FOR CONSTRUCTION OF PHASE 2 OF CITY OF CARLSBAD INTERNET WEB SITE. Mayor Pro Tem Hall requested continuance of this item. By Council consensus, this item was continued. 12. AB #15.537 - REMOVAL OF A DISEASED AND DEAD PALM TREE AT 3702 JEFFERSON STREET. Council Member Finnila requested that signage be displayed on diseased trees in order to create an awareness of the hazard. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 99-528, approving the removal of a diseased and dead palm tree at 3702 Jefferson Street; and Council directed staff to display signage on diseased and dead trees. AYES : Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ORDINANCES FOR ADOPTION: 14. AB #15,544 - ESTABLISHMENT OF SPEED LIMIT ON ANILLO WAY. 2 ACTION: On a motion by Mayor Pro Tem Hall, Council adopted 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 upon Anillo Way from Levante Street to its intersection with Marilena Way. AYES : Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None .I 0 0 December 14,1999 CITY COUNCIL Page 5 15. AB #15,545 - ESTABLISHMENT OF SPEED LIMIT ON POINSETTIA LANE. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. the revision of Section 10.44.360, to establish a 45 mile per hour prima facie speed limit upon Poinsettia Lane, from Paseo Del Norte to its intersection with Black Rail Road. 2 -Y NS-523 amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code, by AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. PUBLIC COMMENT: None. PUBLIC HEARING§: ITEM TAKEN OUT OF ORDER: On motion by Council Member Finnila, Item #18 was taken out of order and heard at this time. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 18. AB #15,547 - URGENCY ORDINANCE EXTENSION. City Attorney Ron Ball explained that the extension of Urgency Ordinance NS-5 16 would be in effect for up to 10 months and 15 days, or until Council acts on the report and recommendations from the Street and Sidewalks Citizens Committee. Mayor Lewis opened the duly noticed public hearing at 6:36 p.m. Bob Ladwig, Ladwig Design Group, Inc., 703 Palomar Airport Road, Suite 300, spoke in favor of the extension of the moratorium stating that he wants the Citizens Committee to complete their work and prepare a recommendation for Council. Mr. Ladwig, however, requested that projects that were accepted as a complete application on or before the date of the initial adoption of the moratorium ordinance be “grandfathered” in an additional provision to the ordinance. Mr. Ladwig listed the benefits of the “grandfather provision” as: 1 .) providing clear direction for staff in reviewing requests for waivers; and 2.) providing clear direction for applicants in making development decisions in the moratorium area. (A letter dated December 14, 1999, from Mr. Ladwig to Council concerning this matter is on file in the Clerk’s Office.) Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 6:38 p.m. ACTION: On a motion by Council Member Kulchin, Council adopted URGENCY ORDINANCE NO. NS-527, extending Urgency Ordinance No. NS-5 16 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 for up to ten months and 15 days, or until Council has acted on the report and recommendations from the Citizens Committee to study Sidewalks and Improvement Standards. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. a 0 December 14,1999 CITY COUNCIL Page 6 16. AB #15.538 - CT 98-1YSDP 98-22 - MAGNOLIA GARDENS. Citing possible conflict of interest, Mayor Lewis and Council Member Nygaard left the dais at 6:48 p.m. Don Neu, Senior Planner, presented the staff report on the 12 lot development. Mr. Neu outlined the history of the project: on July 6, 1999 a public hearing was conducted by the City Council and the City Attorney was directed to prepare documents to deny the project without prejudice; at a Council meeting on July 27, 1999, the applicant requested reconsideration of the Council’s action; at this meeting Council remanded the application to staff for further processing. Mr. Neu discussed the changes to the project: reduction of panhandle lots from seven to one, reduction of the lots from 15 to 12, design of a through street connecting Magnolia Avenue with Valley Street, the addition of a new street, “C” Street, which will provide a northern access point to property owned by CUSD, and the addition of 14 feet of right-of- way to “B” Street. Mayor Pro Tem Hall opened the duly noticed public hearing at 6:55 p.m. Bob Ladwig, Ladwig Design Group, Inc., 703 Palomar Airport Road, Suite 300, representing Pacific Scene Financial, LLC, stated that his client has worked with the City to eliminate several conditions and variances concerning the property and to reduce the number of lots. Mr. Ladwig stated that Condition No. 41 of Resolution No. 99-530 has been changed such that direct access rights for lots 8,9, 10 and 11 which abut two streets shall be waived on one of the street frontages on the final map. He also stated that his client is willing to delay any improvements until the Streets and Sidewalk Committee complete their deliberations. Upon inquiry from Council, Mr. Ladwig affirmed that the palm tree on Magnolia would be relocated, not removed. Upon inquiry from Council, Mr. Ladwig stated that his client would agree to an additional condition for the tentative map regarding conforming streets in the subdivision to amended standards, if adopted by Council. Jenny Dolkas, 160 Hemlock Avenue #1, requested that the development retain the style of old Carlsbad and that the homes design will not dominate the lot size. Seeing no one else wishing to speak, Mayor Pro Tem Hall closed the public hearing at 7:02 p.m. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION ” NOS. 99-529,99-530, and, 99-531 approving a Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program, Tentative Tract Map, and Site Development Plan for a 12 lot subdivision with two second dwelling units, on a 4.93 acre site located north of Magnolia, and west of Valley Street in Local Facilities Management Zone 1; and, amending Condition No. 41 of Resolution No. 530 to read, “Direct access rights for lots 8,9, 10 and 11 which abut two streets shall be waived on one of the street frontages on the final map; and adding the following (Condition No. 50) to the tentative map: “Developer is aware that the City Council is considering amending its street design standards and has appointed a committee to study the issue and make recommendations. Developer agrees to conform the streets in the subdivision to the amended standards if adopted. This condition will automatically expire upon expiration of the urgency ordinance and shall be of no force and effect unless, prior to that time, the City Council acts to adopt such new street standards, otherwise the unmodified standards shall control.” ’. , 0 0 December 14,1999 CITY COUNCIL Page 7 AYES: Hall, Finnila, Kulchin NOES: None. ABSENT: Lewis, Nygaard ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 99-532, denying a request for exemption from the Urgency Ordinance prohibiting the issuance of building and/or grading permits for projects processed under Title 20 or 21 of the Carlsbad Municipal Code and located within the area known as “Olde Carlsbad.”. AYES: Hall, Kulchin NOES: Finnila ABSENT: Lewis, Nygaard Mayor Lewis and Council Member Nygaard returned to the dais at 7: 10 p.m. 17. AI3 #15,539 - ZCA 96-04(A)LCPA 96-01(A) - HILLSIDE ORDINANCE AMENDMENT - COASTAL COMMISSION SUGGESTED MODIFICATIONS. 4 Mayor Lewis opened the duly noticed public hearing at 7: 12 p.m.; seeing no one wishing to speak, Mayor Lewis closed the public hearing at 7: 12 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. 99-524, amending Sections 21.95.12O(A)(l), 21.95120(B)(2), 21.95.130(A), 21.95 13O(B), and 21.95.140(A) of the Hillside Development Chapter and Sections 21.53.230(d) of the Uses Generally Chapter of the Carlsbad Municipal Code, incorporating the California Coastal Commission’s suggested modifications. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 18. AB #15,547 - URGENCY ORDINANCE EXTENSION. This item was taken out of order and heard earlier in the meeting. (See page 5.) ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD: Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 7:14 p.m. and reconvened at 7:33 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 7:34 p.m. and reconvened at 7:57 p.m. with Mayor Lewis and all four Council Members present. s- 1 e e December 14,1999 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: 19. AB #15,540 - PRESENTATION BY STREET TREE POLICY COMMITTEE CHAIRPERSON. Eric Larson, Chair of the Citizens Tree Policy Committee, presented a progress report from the Tree Policy Committee. He stated that the group’s original intent was to complete the project and present a final report to Council on December 14, 1999. He stated that the group has been meeting twice a week to meet this deadline but he requested that the Committee final report and recommendation deadline be extended to January 25,2000. Mr. Larsen stated that the group is addressing several issues such as heritage tree protection, the tree removal and appeal process, new development standards, aesthetics, compatibility, safety, liability and environmental impacts. ACTION: On a motion by Mayor Pro Tem Hall, Council approved the request to reschedule the final report from the Tree Policy Committee for January 25, 1999. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 20. AB #15,542 - ESTABLISHMENT OF THREE-HOUR PARKING TIME LIMIT IN VILLAGE REDEVELOPMENT AREA. Citing possible conflict of interest, Mayor Pro Tem Hall left the dais at 8:02 p.m. Traffic Engineer Bob Johnson described the streets, street segments and parking lots that will have three- hour time parking limits. Upon inquiry from Council, Police Lt. Don Metcalf confirmed that the new parking limits will be enforced by the Police Department. ACTION: On a motion by Council Member Finnila, Council introduced ORDINANCE NO. NS-525, amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code to establish a three-hour parking time limit on various streets and parking lots in the Village Redevelopment area. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None. ABSENT: Hall Mayor Pro Tem Hall returned to the dais at 8:07 p.m. 21. AB #15.543 - REQUEST FOR EXEMPTION FROM MORATORIUM IN “OLDE CARLSBAD” FOR PACIFIC VIEW ESTATES DEVELOPMENT - CT 96-03. Michael Holzmiller, Director of Planning, presented a summary of the request by from the owners of Pacific View Estates (Concordia Homes) for an exemption from the moratorium prohibiting the issuance of building and/or grading permits for projects processed under Titles 20 or 21 , and located in the area known as “Olde Carlsbad.” The summary was contained in an overhead prepared by Bob Ladwig, Ladwig Design Group, representing the owners of Pacific View Estates. (A copy of this summary is on file in the City Clerk’s Office.) Mr. Holzmiller outlined the background of the request and stated that the development is compatible with the surrounding area on all four sides of the property. He described the benefits to the City if the project proceeds and the hardship for the Developer if the project cannot proceed. 8’ . e 0 December 14,1999 CITY COUNCIL Page 9 In response to Council inquiry, Mr. Ladwig stated that there will be grading in all three phases of the project. He also stated that the project grading should not result in the loss of any trees at the corner of Donna Drive and Carlsbad Village Drive, as existing trees are located outside of the area designated for future improvements. ACTION: On a motion by Mayor Pro Tern Hall, Council approved an exemption from Urgency Ordinance No. 527, which prohibits the issuance of building and/or grading permits for projects processed under Title 20 or 21 of the Carlsbad Municipal Code and located within the area known as “Olde Carlsbad” for Pacific View Estates, CT 96-03, with the following condition: that no trees shall be harmed prior to the Council action regarding the Tree Policy Committee recommendation. AYES: Lewis, Hall, Finnila NOES: Nygaard, Kulchin Council Members Kulchin and Nygaard indicated that they voted against the exemption because they feel that none should be granted before the Committee’s report is received by Council. 22. AB #15,546 - URGENCY ORDINANCE PROHIBITING ISSUANCE OF SIGN PERMITS FOR AND/OR PLACEMENT OF LARGE FREESTANDING SIGNS AND AMENDMENT OF THE 1 CARLSBAD VILLAGE REDEVELOPMENT MASTER PLAN REGULATION OF SIGNS. City Attorney Ron Ball described the Urgency Ordinance which would prohibit the issuance of sign permits for the construction, erection, placement or alteration of large freestanding signs and the Resolution which would direct staff to study and recommend revisions to the Carlsbad Municipal Code Title 2 1, Chapter 2 1.4 1, Title 18, Chapter 18.20 and the Carlsbad Village Redevelopment Master Plan regulation of signs. Richard Aschenbrenner, 7707 El Camino Real, CEO of Continuing Life Communities, asked for an exemption of temporary signs from the proposed urgency ordinance. Mr. Aschenbrenner explained that the Red Barn had previously been used as signage for his project, La Costa Glen, and now the Barn has been moved to serve as the Batiquitos Lagoon Visitor’s Center. He further explained that he has applied for permits for temporary signs and has not been able to obtain these permits. He stated that the Master Plan for the La Costa Glen Development allows signage of 60 feet and he emphasized that the content would not be controversial, and that they are needed as potential residents cannot fine their location since the Red Barn has been moved. In response to Council inquiry, Mr. Aschenbrenner stated that his temporary sign would be erected for one to two years. In response to Council inquiry, Mr. Ball stated that signs that are less than 35 feet on the face or less than eight feet in any direction are not covered by this ordinance. He also stated that temporary and freestanding signs are covered by the Urgency Ordinance. In response to Council inquiry, Director of Planning Michael Holzmiller stated that he did not know the - exact number of signs that are in the permitting process at this time. 2. .. * 0 December 14,1999 CITY COUNCIL Page 10 ACTION: On a motion by Mayor Pro Tem Hall, adopted URGENCY ORDINANCE NO. NS-526, prohibiting issuance of sign permits for, and/or the placement of large freestanding signs within the City, with the following amendment to Section 2. a): That pending review and study and a report or recommendation of the Planning Department and the Planning Commission, no sign permit shall be issued for the construction, placement, erection, or alternation of any freestanding sign with either (i) any dimension of greater than eight feet (including any support structures and framing), or (ii) with a sign face area of greater than thirty-five square feet (including any support structures and framing), nor shall any such structure be constructed, erected, placed, or altered, except for a change of copy on existing signs, within the City of Carlsbad; and, Council adopted RESOLUTION NO. 99-535, declaring the City Council’s intention to have staff study and recommend revisions to prohibit the issuance of sign permits for the placement of large freestanding signs with the City; and Council directed staff to return on January 18, 2000 with additional information regarding the prohibition and the square footage requirements. 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 14, 1999, was adjourned at 8:45 p.m. Respectfully submitted, && Assistant City Clerw Lorraine M. Wood Deputy City Clerk