HomeMy WebLinkAbout2000-07-11; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 1 I, 2000
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present:
Absent:
Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, and
Kulchin.
Council Member Nygaard.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Hall, Minutes of the following meetings were unanimously
approved as presented, with abstentions as noted:
Minutes of the Special Meeting held June 13, 2000 (Finnila and Kulchin abstained)
Minutes of the Regular Meeting held June 13, 2000 (Kulchin abstained)
Minutes of the Regular Meeting held June 20, 2000 (Lewis and Finnila abstained)
Minutes of the Joint Special Meeting held June 20, 2000 (Lewis and Finnila abstained)
Minutes of the Joint Special Meeting held June 20, 2000 (Lewis and Finnila abstained)
PRESENTATIONS:
Mayor Lewis presented a proclamation to Ken Price, Recreation Director, in recognition of
“Parks & Recreation Month”. Jill Prichard, Recreational Supervisor I, presented a brief
update on the outcome of the Triathlon.
CONSENT CALENDAR:
Item #I was removed from the Consent Calendar,
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the
Consent Calendar, Items #2 through #9 as follows:
AYES: Lewis, Hall, Finnila and Kulchin.
NOES: None.
ABSENT: Nygaard.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
July 11,200O Carlsbad City Council Page 2
70
99
70
45
77
77
93
45
74
1.
2.
3.
4.
5.
6.
7.
8.
AB #I 5,806 - ACCEPTANCE OF DONATION
This item was removed for discussion.
AB #I 5,807 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
INSTALLATION OF A NEW ROOF AT STAGECOACH AND CALAVERA
COMMUNITY CENTERS - Contract No. FAC 01-01.
Council adopted RESOLUTION NO. 2000-213, approving plans and specifications,
and authorizing the City Clerk to advertise for bids for the installation of a new roof at
Stagecoach and Calavera Community Centers
AB #I 5,808 - FINAL MAP FOR CARLSBAD TRACT 98-21, SEAVIEW.
Council adopted RESOLUTION NO. 2000-214, approving the final map for Seaview.
AB #I5809 - CENTRALIZED WIRELESS REMOTE LIGHTING CONTROL SYSTEM
AT VARIOUS PARK LOCATIONS - CONTRACT NO. POO-01.
Adopting RESOLUTION NO. 2000-215, accepting the construction of a centralized
wireless remote lighting control system at various park locations as complete, and
directing the City Clerk to record the Notice of Completion and release bonds
appropriately.
AB #I 5,810 - CERTIFICATION AND ADDITION OF PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 1 - STEINER - ANNEXATION NO. 99/00-01.
Council adopted RESOLUTION NO. 2000-216, certifying and adding property known
as Steiner Property to the existing Community Facilities District No. 1.
AB #I 5,811 - CERTIFICATION AND ADDITION OF PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 1 - HADLEY & CARNATION - ANNEXATION NO. 99/00-
02.
Council adopted RESOLUTION NO. 2000-217, certifying and adding property known
as Hadley and Carnation Properties to the existing Community Facilities District No. 1.
AB #15,812 - AMENDMENT TO AGREEMENT FOR THE IMPLEMENTATION OF
THE CARLSBAD 2000 DRY WEATHER TESTING PROGRAM.
Council adopted RESOLUTION NO. 2000-218, authorizing Extension and Amendment
No. 2 with D-Max Engineering for field screening and investigation services for
preparation of the City’s 2000 Dry Weather Testing Program for the purpose of
detecting illegal discharges or illegal connection to the City’s storm drain conveyance
system.
AB #15,813 - EXCESS WORKERS’ COMPENSATION INSURANCE.
Council adopted RESOLUTION NO. 2000-219, approving the renewal of an insurance
policy with Employers Reinsurance for the City’s Excess Workers’ Compensation
Insurance coverage.
July 11,200O Carlsbad City Council Page 3
77 45
9. AB #15,814 - 2000 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING
PROGRAM.
Council adopted RESOLUTION NO. 2000-220, approving Amendment No. 2 to an
agreement with Valley Research & Planning Associates to perform the 2000 Growth
Management Plan Traffic Monitoring Program.
DISCUSSION OF ITEM REMOVED FROM CONSENT CALENDAR ITEM:
81 1. AB #15,806 -ACCEPTANCE OF DONATION
Council Member Kulchin expressed appreciation to Bonnie Brisco for her donation of
$10,000.00 to the Carlsbad City Library in memory of her aunt, Helene D. Bailey.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 2000-212, accepting a donation from Bonnie Brisco to the Carlsbad City
Library and appropriating the funds to the Library Gifts and Bequests Fund.
AYES: Lewis, Hall, Finnila, and Kulchin.
NOES: None.
ABSENT: Nygaard.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be
participating in the following events:
Wednesday, July 12, 2000, II:00 a.m., Alex Kapitanski Vehicle Presentation, Ken Grody
Ford, 5555 Paseo Del Norte, Carlsbad.
Friday, July 14, 2000, 6:00 p.m., T.G.I.F. Jazz in the Parks Concert, Magee Park -
Carlsbad Boulevard and Beech Avenue, Carlsbad.
Friday, July 14, 2000, 6:30 p.m., Carlsbad Boys and Girls Club Annual Recognition
Dinner, Grand Pacific Palisades Resort, 5805 Armada Drive, Carlsbad.
Monday, July 17, 2000, 1 I:00 a.m., Council Member Ann Kulchin Campaign
Announcement Event, Steps of Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad.
PUBLIC COMMENT:
David Lloyd, 7077 Surfbird Circle, representing Cabrillo Power, described the
environmental concerns that currently exist in the Agua Hedionda Lagoon. He explained
that algae has been found in the Lagoon, which is not indigenous to the United States,
and spreads very quickly. He explained how this situation is being addressed and how
they are working with federal and state agencies to resolve the problem.
July 11,200O Carlsbad City Council Page 4
Dalton Haslam, 2626 Half Dome Place, suggested that garbage bins and portable toilets
be made available for use by the homeless living near his home.
Laurie Wickham, Ph.D., 4055 Park Drive, asked for an explanation of Item #9 (AB #15,814
- 2000 Growth Management Plan Traffic Monitoring Program) and asked that speeding
and traffic violations be addressed on her street. She said that the current laws should be
enforced. She said that last week she faxed to the City her opposition to the Neighborhood
Improvement Agreement (NIA) concept. She said there is a lack of open space in
Carlsbad and a lack of parks in South Carlsbad. Dr. Wickham expressed frustration that
she feels she has not received a response regarding her concerns.
Dr. Jack Debes, 4055 Park Drive, read the Fourth Amendment to the Bill of Rights. He
spoke against NIA’s and said they result in an unreasonable form of seizure. He stated
that no other city requires this of residential property and requested Council not to approve
the Neighborhood Improvement Agreements.
Elissa Schumacher, 547 Spanish Oak, San Marcos, said that last year she started a non-
profit corporation entitled “Garden of Innocence” and said they provide burials for
abandoned children, who are deceased. She requested that information regarding her
organization be shared to encourage donations for this cause.
In response to inquiry from Mayor Lewis, Ray Patchett, City Manager, said that the Streets
and Sidewalks Policy would be presented to Council on July 18’h.
In response to Mayor Lewis, Bob Johnson, Traffic Engineer, explained the procedures and
purposes of the Growth Management Plan Traffic Monitoring Programs. He said that the
Growth Management Plan requires that circulation performance be monitored and if
standards are not met, a report is brought to Council and corrections must occur or be
mitigated before development can proceed.
In response to questions regarding traffic on Park Drive, Police Sergeant Kelly Cain said
that complaints about speeding vehicles are referred to traffic officers. He said that they
try to monitor different areas, due to the nature of complaints. Mr. Johnson said the traffic
surveys for Park Drive need to be updated to allow the police to use radar for
enforcement.
PUBLIC HEARINGS:
10. AB #15,815 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1.
In response to Mayor Lewis, Karen Kundtz, Assistant City Clerk, verified that legal notice
of this public hearing had been published on June 27, 2000 and that the required
Certificate of Compliance is on file for public inspection.
Virginia McCoy, Administrative Coordinator Special Districts, and Galen Peterson,
Consulting Engineer, reviewed the staff report based on the approved Engineer’s Report.
They provided a description of boundaries of the district; explained the extent of
July 11,200O Carlsbad City Council Page 5
maintenance work; presented and summarized the report pursuant to the provisions of the
Landscaping and Lighting Act of 1972; explained the method and formula of the
assessment spread; and reported that no protests were received.
Mayor Lewis opened the duly noticed public hearing at 7:lO p.m.and asked any person
who is opposed to the assessment district to step forward and present his/her opposition
to the following: boundaries of the district; and, extent of works of maintenance or method
of assessment spread. No one came forward asking to be heard.
Mayor Lewis asked any person wishing to speak in favor of the district to come forward.
No one came forward asking to be heard. Mayor Lewis closed the public hearing at 7:ll
p.m.
Council Member Kulchin inquired about the median along Aviara Parkway. Ms. McCoy
explained that those medians are privately maintained, by the Homeowners’ Association,
and the parcels within Aviara also participate in the maintenance costs.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
2000-221 confirming the diagram and assessment and providing for the levy
of the annual assessment in a special maintenance district; and,
Adopted RESOLUTION NO. 2000-222 approving the transfer of funds from
the City’s General Fund to three special funds as further detailed in the
approved “Engineer’s Report” for the City of Carlsbad Street Lighting and
Landscaping District No. 1 for Fiscal Year 2000-2001.
AYES: Lewis, Hall, Finnila, and Kulchin.
NOES: None.
ABSENT: Nygaard.
24 11. AB #15,816 - HABITAT IN-LIEU MITIGATION FEE.
79
Michael Holzmiller, Planning Director, presented the staff report and a status report on the
Habitat Management Plan (HMP).
Don Rideout, Principal Planner, discussed overall costs of the core area and said that the
endowment will fund the maintenance in perpetuity.
Lisa Hildabrand, Finance Director, discussed the fiscal impacts of the program.
Council Member Finnila said she would like to have the correspondence from Morrow
Development dated July 11, 2000, requesting that Council clarify that the dollar amount of
mitigation that the City will pay will not be less than stated in the report, be entered into the
record.
In response to Council Member Finnila, Mr. Rideout said that staff feels Morrow
Development’s request is acceptable.
July 11, 2000 Carlsbad City Council Page 6
In response to Council inquiry, Michael Holzmiller, Planning Director, explained the
importance of the HMP to the Multiple Habitat Conservation Plan. Regarding the Coastal
Commission’s decision on the golf course, he explained that if the golf course is not
approved, there would be no reason to do mitigation in the core area. He said if costs for
the HMP increase between now and implementation, staff will return to Council. However,
he noted that the only unknown factor is property that has not yet been acquired.
Ron Ball, City Attorney, clarified that the mitigation fee is not effective until 60 days after
adoption of the resolution, and that if the golf course plan is not approved by the Coastal
Commission, the resolution would be voided and any fees collected would be refunded.
Mayor Lewis opened the duly notice public hearing at 7:44 p.m.
Jerry Livingston, representing the Building Industry Association, 6336 Greenwich Drive,
Suite A, San Diego, said they have been supportive of the HMP process and of the
concept of a fee. However, he expressed concern for the timing of the payment and
suggested the fee should be paid at building permit issuance. Mr. Livingston also
expressed concern that the report glosses over mitigated impacts by the City. He said
there should be a stronger nexus in the report itself and that the report does not contain
enough supporting facts.
Seeing no one else wishing to be heard, the Mayor closed the public hearing at 7:45 p.m.
Mr. Rideout explained that staff disagrees with Mr. Livingston’s comments, stating that a
nexus does exist, and that staff recommends the fee should be paid at grading permit
issuance because that is when the impact occurs,
Michael Holzmiller, Planning Director, explained the timing on the remainder of the HMP
process. In response to the Mayor, Mr. Holzmiller explained that if the golf course does not
go forward, staff would return to Council for direction as to whether or not to proceed with
the HMP because both issues are entwined.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
2000-223 approving a Habitat In-Lieu Mitigation Fee.
AYES: Lewis, Hall, Finnila, and Kulchin.
NOES: None.
ABSENT: Nygaard.
57 12. AB #15,817 - 1999 HOUSING ELEMENT UPDATE.
Mike Grim, Senior Planner, presented the staff report.
In response to Council Member Kulchin, Debbie Fountain, Housing/Redevelopment
Director, said that the Tyler Apartments for Seniors would qualify for extremely low and
70
July 11,200O Carlsbad City Council Page 7
very low affordable housing. Mr. Grim noted that Carlsbad participates in a regional effort
to assist the homeless.
Mayor Lewis opened the duly noticed public hearing at 8:18 p.m. and asked if anyone
wished to speak on this matter.
Jim Hicks, 962 Alyssum Road, expressed concern that Standard Pacific is trying to
develop a project without input from the neighbors.
Ray Patchett, City Manager, explained that Standard Pacific is in the process of submitting
a development application. Mr. Patchett explained that there will be ample time for public
input and neighbors will be notified and have an opportunity to become involved.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:21 p.m.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
2000-224 approving a negative declaration and addendum and a General
Plan Amendment to adopt the updates and revisions to the Housing Element
for the 1999-2004 Housing Cycle.
AYES: Lewis, Hall, Finnila, and Kulchin.
NOES: None.
ABSENT: Nygaard.
Mayor Lewis declared a recess at 8:23 p.m. Council reconvened at 8:27 p.m. with Mayor
Lewis and three Council Members present and Council Member Nygaard absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #15,818 - PRESENTATION ON THE PROPOSED RENAMING OF SCULPTURE
PARK TO LEDGERWOOD PARK, IN HONOR OF MR. CHARLES LEDGERWOOD
Shelley Grossman, 1387 Basswood Avenue, spoke in support of the parcel of land near
Oak and Carlsbad Boulevard as the location for a new monument to be built in honor of
Charles Ledgerwood. She displayed an architect’s rendering of the plans.
Marge Howard Jones, 4823 Argosy Lane, described the architect’s plans and the plantings
that are proposed.
Mayor Lewis expressed concern for the delicate location of this site and the history of
placing artwork at this location.
Council concurred that Mr. Ledgerwood should be honored, but noted that this state
owned parcel may not be the most appropriate location. Council concurred that the
67
July 11,200O Carlsbad City Council Page 8
request should be reviewed by the Historical Preservation Commission, Parks and
Recreation Commission and Arts Commission for input.
ACTION: On a motion by Mayor Pro Tern Hall, Council directed staff to send the issue
of honoring Mr. Ledgerwood to the Historic Preservation Commission, Parks
and Recreation Commission and Arts Commission for their
recommendations; and, that after review, the issue return to Council for final
approval.
AYES: Lewis, Hall, Finnila, and Kulchin.
NOES: None.
ABSENT: Nygaard.
14. AB #15,819 - AMENDMENT OF MUNICIPAL CODE RELATING TO DISTRIBUTION
AND SOLICITATION OF MATERIALS ON SIDEWALKS.
Ron Ball, City Attorney, presented the staff report.
In response to Council inquiry, Captain Jim Hawks responded that there have been no
problems with compliance by the Alpha Project Group, and that the safety record has
been good.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO.
NS-552 amending Chapter 8.28 of the Carlsbad Municipal Code to specify
the locations and conditions for distribution or solicitation of materials to
persons in vehicles.
AYES: Lewis, Hall, and Kulchin.
NOES: Finnila.
ABSENT: Nygaard.
Council Member Finnila stated that she voted against this issue due to safety concerns as
she had done previously.
28 15. AB #15,820 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT.
G=N RP
Citing a conflict of interest, Council Member Hall left the dais at 8:46 p.m.
Debbie Fountain, Housing/Redevelopment Director, presented the staff report. She
referenced a meeting in the Ponto area with residents and property owners, and stated
that 15 objections were received. She stated that the City’s responses to all verbal and
written objections are in the staff report. Ms. Fountain stated she had explained the
redevelopment project and informed the people present that the City is interested in
working together with the residents.
July 11,200O Carlsbad City Council Page 9
Council Member Finnila referred to Ordinance No. NS-553, Page 2, second paragraph.
She requested that “ . . . should it become necessary.. . ” be added after the word “plan” and
before the word “for”.
Patricia Mehan, 7437 Magellan Street, suggested that an aquatic center be placed on
City-owned land in the redevelopment area.
Sherman DeForest, 7437 Magellan Street, Vice President of the San Pacific0 Board
Homeowners’ Association, stated that this Thursday, their Board will discuss the
redevelopment area issue and asked that a staff representative be present to answer
questions.
ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION
NO. 2000-225 adopting written responses to all objections pertaining to the
Redevelopment Plan for the South Carlsbad Coastal Redevelopment
Project; and,
Council adopted RESOLUTION NO. 2000-226 certifying a Final
Environmental Impact Report, EIR 99-01, for the South Carlsbad Coastal
Redevelopment Project for property generally located along portions of
Carlsbad Boulevard, Ponto Drive, and Cannon Road, including the Encina
Power Generating Plant, San Diego Gas and Electric Right-of-Way, other
public Rights-of-Way and various industrial, service and residential
properties in the Ponto Drive area in Local Facilities Management Zones 3,
9, 13, and 22; and,
Council introduced ORDINANCE NO. NS-533, approving the
Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project
with the following change: On Page 2, second paragraph “. . .should it
become necessary.. .I’ is to be added after the word “plan” and before the
word “for”.
AYES: Lewis, Finnila, and Kulchin.
NOES: None.
ABSENT: Hall and Nygaard
Mayor Pro Tern Hall returned to the meeting at 9:20 p.m.
.
28
28
July 11,200O Carlsbad City Council
16. AB #I 5,821 - ARTS COMMISSION APPOINTMENTS.
Page 10
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2000-227
appointing Susan Pynes to the Arts Commission; adopted RESOLUTION
NO. 2000-228 appointing Bill Lignante to the Arts Commission; and
RESOLUTION NO. 2000-229 appointing Jeri Held to the Arts Commission.
AYES: Lewis, Hall, Finnila, and Kulchin.
NOES: None.
ABSENT: Nygaard.
17. AB #I 5,822- BEACH EROSION COMMITTEE APPOINTMENTS.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2000-230
appointing Ed Andrews to the Beach Erosion Committee; adopted
RESOLUTION NO. 2000-231 appointing William Bettis to the Beach Erosion
Committee; and, adopted RESOLUTION NO. 2000-323 appointing Robert
Prohaska to the Beach Erosion Committee.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
COUNCIL REPORTS AND COMMENTS:
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 July 11, 2000 was adjourned at 9:22 p.m.
Respectfully submitted,
%9=x&p
REN R. KUNDTZ
Assistant City Clerk
Janice Breitenfeld
Deputy City Clerk