HomeMy WebLinkAbout2000-01-04; City Council; Minutesa e
MINUTES
MEETING OF : CITY COUNCIL
DATE OF MEETING: January 4,2000
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:17 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 Pastor Silas Krueger of the Beautiful Savior Evangelical
Lutheran Church.
PLEDGE OF ALLEGIANCE was led my Mayor Pro Tem Hall.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Hall, the Minutes of the following meetings were unanimously approved
as presented:
Minutes of the Special Meeting held December 7, 1999.
Minutes of the Regular Meeting held December 7, 1999.
Minutes of the Special Meeting held December 14, 1999
Minutes of the Regular Meeting held December 14, 1999. *Approved as amended, see below:
(*Amended on Page 9, Paragraph 1, second sentence to clarify that the project grading should not result in
the loss of any trees “at the comer of Donna Drive and Carlsbad Village Drive”, as existing trees are
located outside of the area designated for future improvements.)
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Hall, Council unanimously affirmed the action of
the Consent Calendar, Items # 1 through #13, with the exception of Items # 3, #8,
#9, and #11 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 #15,548 - ACCEPTANCE OF GRANT.
3 Council adopted RESOLUTION NO. 2000-01, accepting a grant fi-om the California Library
Literacy Service in support of the Adult Learning Program.
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January 4,2000 CITY COUNCIL Page 2
2. AB #15,549 - ACCEPTANCE OF GRANT.
1 Council adopted RESOLUTION NO. 2000-02, accepting a $19,000 Arts Education Partnership
Grant fi-om the California Arts Council for development of a long-term plan for arts education in
conjunction with the Encinitas Unified School District (EUSD).
3. AB #15.550 - ACCEPTANCE OF DONATIONS.
This item was removed fi-om the Consent Calendar.
4. AB #15,551 -WIDENING OF PALOMAR AIRPORT ROAD. WESTERLY OF EL CAMINO
REAL - PROJECT NO. 3286.
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Council adopted RESOLUTION NO. 2000-04, accepting the construction of the Widening of
Palomar Airport Road, Westerly of El Camino Real, Project No. 3286, as complete, and directing
the City Clerk to record the Notice of Completion and release bonds in accordance with State
Law and City Ordinances.
AB #15,552 - GIBRALTAR STREET EMERGENCY ACCESS ROAD RECONSTRUCTION -
PROJECT NO. 3626.
Council adopted RESOLUTION NO. 2000-05, accepting the construction of the Gibraltar Street
Emergency Access Road Reconstruction, Project No. 3626, as complete and directing the City
Clerk to record the Notice of Completion and release bonds in accordance with State Law and
City Ordinances.
AB #15.553 - REPORT ON CITY INVESTMENTS.
Council accepted the report and directed the City Clerk to file the report.
AB #15.554 - REOUEST TO DESTROY FILES.
Council adopted RESOLUTION NO. 2000-06, authorizing the destruction of certain files kept
in the City Attorney’s Office.
AB #15,555- CITY COUNCIL COMPENSATION.
This item was removed from the Consent Calendar, and heard following the Consent Calendar as
an “Ordinance for Introduction”.
AB #15,556 - APPROVAL OF FUTURE IMPROVEMENT AGREEMENTS FOR THE
CONSTRUCTION OF A PARTIAL CUL-DE-SAC ON ALTHEA LANE.
This item was removed from the Consent Calendar.
AB #15.536 - APPROVAL OF AGREEMENT TO CONSTRUCT PHASE 2 OF THE CITY OF
CARLSBAD INTERNET WEB SITE.
Council adopted RESOLUTION NO. 99-527, approving an agreement with Queen K
Advertising in the amount of $66,140 for the construction of Phase 2 of the City of Carlsbad
Internet Web Site.
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11. AB #15,557 - APPROVAL OF EXTENSION AND AMENDMENT NO. 2 TO AG’REEMENT
FOR THE OPPORTUNISTIC SAND PROGRAM - PROJECT NO. 34693.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
3. AB #15,550 - ACCEPTANCE OF DONATIONS.
ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO.
2000-03, accepting individual donations and in-kind services totaling six
thousand one hundred and eighty dollars ($6,180) in support of the dedication of
the 2 1 st. Annual Bodysurfing and Bodyboarding Championships.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
9. AB #15,556 - APPROVAL OF FUTURE IMPROVEMENT AGREEMENTS FOR THE
CONSTRUCTION OF A PARTIAL CUL-DE-SAC ON ALTHEA LANE.
Robert Perkins, 3877 Althea Lane, Carlsbad, stated that the condition of the cul-e-sac is not only
unacceptable but is dangerous, that he has no sidewalks and that the asphalt stops in front of his house.
He urged Council to approve immediate action for the completion of the cul-de-sac on Althea Lane.
Michael Rodgers, 3870 Althea Lane, Carlsbad, stated his support of Mr. Perkins statements and also
urged immediate action regarding the completion of the cul-de-sac. He added that the cul-de-sac is not
safe and that large city vehicles, including emergency vehicles must back up to exit the street.
Laura Koop, 3886 Althea Lane, Carlsbad, suggested that the Engineering Department report is inaccurate
and incomplete with respect to what the Engineering Department calls “a natural drainage course”. Ms.
Koop read a statement, (a coav of which is on file in the Citv Clerk’s Office), stating that the water
crossing her property is not natural drainage, but diverted city water. She stated that they had to spend
$30,000 to construct cement clean outs to handle the water when they built their home. She also
expressed opposition to a partial cul-de-sac.
Gus Gorgueiro, 3880 Althea Lane, Carlsbad, read a prepared statement, [a copy of which is on file in the
Citv Clerk’s Office). As did the previous speakers, he urged the City to complete the construction of the
cul-de-sac without further cost to him. He stated that the FIA that he and his wife were required to sign
amounts to four times the amount of the original FIA which was recorded in 1982. Mr. Gorgueiro noted
that they have already expended $27,000 for the installation of sewer, water, electricity and hydrants for
his home, and that this problem has occurred because costs for street improvements were not properly
estimated. He added that payment of the $26,695.00 as required by the new FIA would create a large
burden on his family.
John K. Fisler, 3975 Park Drive, Carlsbad, read a letter previously received by the City Council, (a couv
of which is on file in the Citv Clerk’s Office.) In response to inquiry regarding dedication of necessary
right-of-way for completion of the cul-de-sac, Mr. Fisler stated that he has not yet submitted the
dedication to the City, because a decision has not yet been made about the street improvements. Mr.
Fisler requested that the City participate with the property owners, in order to complete the construction
of the cul-de-sac.
Council discussion reflected the need for additional information regarding this matter prior to taking
action.
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January 4,2000 CITY COUNCIL Page 4
ACTION: On a motion by Mayor Pro Tern, Hall, the matter was returned to staff.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
11. AB #15,557 - APPROVAL, OF EXTENSION AND AMENDMENT TO NO. 2 TO
AGREEMENT FOR THE 0PPOR"NISTIC SAND PROGRAM - PROJECT NO. 34693.
ACTION: -On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 2000-07, approving Extension and Amendment No. 2 to agreement for
engineering services for preparation of Carlsbad's Opportunistic Sand Program.
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AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ORDINANCE FOR INTRODUCTION:
8. AI3 #15,555- CITY COUNCIL COMPENSATION.
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ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO.
NS-528, to amend Section 2.04.010 of the Carlsbad Municipal Code, to increase
the compensation of the Mayor and Members of the City Council to $992 per
month, effective after the November 2000 Election.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ORDINANCES FOR ADOPTION:
12. AB#15,558 - ESTABLISHMENT OF THREE-HOUR PARKING TIME LIMIT IN VILLAGE
REDEVELOPMENT AREA.
ACTION: On a motion by Council Member Finnila, Council adopted ORDINANCE NO.
NS-525, amending various sections of 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.
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AYES: Lewis, Finnila, Nygaard, Kulchin
NOES: None
ABSTAIN: Hall
13. AB #15,559 - ZCA 96-04(A)/LCPA 96-01(A) - HILLSIDE ORDINANCE AMENDMENT -
COASTAL COMMISSION SUGGESTED MODIFICATIONS.
ACTION: Council adopted ORDINANCE NO. NS-524, amending Sections L4
21.95.12O(A)(l), 21.95.120(B)(2), 21.95.130(A), 21.95.130(B), and
21.95.140(A) of the Hillside Development Chapter and Section 21.53.230(d) of
the uses generally chapter of the Carlsbad Municipal Code, to incorporate the
California Coastal Commission suggested modifications.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
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January 4,2000 CITY COUNCIL Page 5
PUBLIC COMMENT: None
PUBLIC HEARING
14. AB #15,560 - CUP 99-03/CDP 99-06 - INNS OF AMERICA. ’ Eric Munoz, Senior Planner, presented the staff report, showing the location of the site at the southeast
comer of Avenida Encinas and Cannon Road, and giving a description of the project. He stated that the
two primary issues for this project are: 1.) concurrence with the business hotel finding; and 2.)
compliance with the overlay zone. Mr. Munoz explained that the project has been designed for the
business traveler in accordance with the allowed uses of the P-M zone.
Mayor Lewis opened the duly noticed meeting at 8:OO p.m.
Tim O’Connor, President of Inns of America, 755 Raintree, Suite 200, Carlsbad addressed the Council,
concurring with the staff recommendation and requesting Council approval. He stated that this project
will be oriented to the business community and business travelers as required by the overlay zone. Mr.
O’Connor responded to Council inquiry regarding the proposed color for the building, noting that it is to
be Navajo White.
Council expressed concern regarding the fact that color samples were not presented for their review, and
concurred that they would like to see the exact color samples before approving them.
Tom Dean, 3190 El Arbol Drive, Carlsbad, spoke in favor of the project. He expressed concern for the
lack of adequate screening between the project and the neighboring homes and the impact on the wildlife
on Cannon Lake, and suggested that larger screening landscaping be provided on the east side of Cannon
Lake Park.
Carol Gorbics, 5 190 El Arbol Drive, Carlsbad, referenced her letter, dated January 13, 2000, fa cuqv of
which is on file in the Citv Clerk’s Office), and expressed concerns about the placement of the hotel on
the property, light screening, and also about Cannon Lake with respect to hotel guests exercising their
pets. She requested that once the leases in the area have expired and before more development occurs,
the Council make certain that Cannon Lake is fenced off along the road between the lake and the leased
area, so as to preserve the integrity the lake and it’s wildlife and to preserve the neighborhood.
Ron Rouse, Luce, Forward, Hamilton & Scripps, 600 W. Broadway, San Diego, representing the Winters
Family Trust, stated that the family has had very high quality standards for the development of this
property. He stated that the project as planned will be a first class structure. Responding to questions and
concerns raised by the previous speakers regarding privacy issues, Mr. Rouse noted that the closest
property to this project is over 600 feet away.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 8:25 p.m.
In response to Council inquiry regarding the allowance of pets at the facility, Mr. O’Connor responded
that pets are allowed at all of their other properties.
In response to Council inquiry regarding lighting issues, Mr. Munoz stated that the lighting plans for the
project will be reviewed by the Planning Director prior to issuance of permits, and will not be allowed to
shine onto the adjacent properties.
Council Member Finnila requested that the letter, dated January 3, 2000, from the Chamber of
Commerce, be made a part of the record of this meeting. {A cum ufthe letter is on file in the Citv
Clerk’s Office.)
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January 4,2000 CITY COUNCIL Page 6
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
2000-08, approving Conditional Use Permit CUP 99-03 and Coastal
Development Permit CDP 99-06, including Council’s review of the final color of
the building.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchen
NOES: None
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 8:34 p .m.
CONTINUATION OF THE CITY COUNCIL MEETING:
Council reconvened at 8:35 p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #15,561 -FLOWER FIELDS GRANTS NO. 1 AND 2.
13 ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO.
2000-09, approving two grants requests by the Carltas Company for a total of
$70,374 to provide aid to the flower growing operations on the Carlsbad Ranch
and authorizing the appropriation of funds.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-
committees of which they are members.
CITY MANAGER COMMENTS: None
CITY ATTORNEY COMMENTS: None
ADJOURNMENT:
By proper motion, the Regular Meeting of January 4,2000, was adjourned in memory of Frank Aleshire,
former Carlsbad City Manager, at 8:42 p.m.
Respectfully submitted,
d$& Assistant City Clerk