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
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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.
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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.
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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.
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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
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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.
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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.”
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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.
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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.
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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.
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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