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HomeMy WebLinkAbout2000-07-18; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 18, 2000 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard, and Kulchin. None. INVOCATION: Reverend Tony Bonacorso offered the invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Hall led the Pledge of Allegiance. ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, July 19, 2000, 1 I:00 a.m. to I:00 p.m., Carlsbad City Council Study Session, Faraday Center, 1635 Faraday Avenue. Friday, July 21, 2000, 6:00 p.m., T.G.I.F. Jazz in the Parks Concert, Magee Park, Carlsbad Boulevard and Beech Avenue. PRESENTATIONS: Mayor Lewis presented proclamations to the following Coaches from La Costa Canyon High School, in recognition of their C.I.F. Championship: Coach Mike Hill (Softball Team); Coach Darrin Brown (Men’s Volleyball Team); Coach Mike Shatto (Men’s Soccer Team and Golf Team). Each Coach introduced team members and expressed appreciation for their hard work. APPROVAL OF MINUTES: None CONSENT CALENDAR: Council concurred to pull Item #4 for discussion. ’ , July 18, 2000 Carlsbad City Council Page 2 84 41 74 ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar Items #l-3, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #I5823 -AWARD OF BID FOR EMERGENCY MEDICAL SUPPLIES. Council adopted RESOLUTION NO. 2000-233, accepting the bid proposal of Emergency Medical Products Inc. for emergency medical supplies. 2. AB #15,824- APPROVAL OF SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF DANIEL ROY. Council adopted RESOLUTION NO. 2000-234, approving the Stipulations with Request for Award for the settlement of the Workers’ Compensation claim of Daniel Roy. 3. AB #I5825 - RATIFICATION OF CURRENT PRACTICE CONCERNING EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC). Council adopted RESOLUTION NO. 2000-235, implementing Government Code Section 20691 which provides that the normal member contributions to the California Public Employees’ Retirement System (CALPERS) be paid by the employer. 4. AB #15,826 - CARLSBAD CONVENTION AND VISITOR’S BUREAU REPORT. This item was pulled for discussion. AYES: NOES: Lewis, Hall, Finnila, Nygaard, and Kulchin. None. DISCUSSION OF CONSENT CALENDAR ITEM: 68 4. AB #15,826 - CARLSBAD CONVENTION AND VISITOR’S BUREAU REPORT. Steve Link, Executive Director, Carlsbad Convention and Visitor’s Bureau and Frankie Laney, Director of Public Relations, described their advertising program for the period ending April 30, 2000. ACTION: On a motion by Mayor Pro Tern Hall, Council accepted the Carlsbad Convention and Visitor’s Bureau report for the period ending April 30, 2000. AYES: NOES: Lewis, Hall, Finnila, Nygaard, and Kulchin. None. At this time, Council concurred to consider the agenda out of order and proceed with Item #8. July 18,200O Carlsbad City Council Page 3 28 8. AB #I5830 - RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE STREET 97 AND SIDEWALK POLICY COMMITTEE FINAL REPORT. DEPARTMENTAL AND CITY MANAGER REPORTS: Lloyd Hubbs, Director of Public Works, presented the staff report and reviewed a series of overheads. Steve Didier, Management Analyst, discussed the Committee’s recommendations with which staff concurs. Mr. Hubbs discussed the Committee’s recommendations with which staff does not concur. Mayor Lewis asked how handicapped access would be addressed on streets under review. Mr. Hubbs explained staff’s interpretation of the law is that a new sidewalk would meet the standards of the Americans with Disabilities Act (ADA). Ron Ball, City Attorney, concurred. Staff answered Council’s questions regarding various elements of the staff report. Bob Leger, 4087 Sunnyhill Drive, Chair of the Street and Sidewalk Committee, explained that a Neighborhood Improvement Agreement (NIA) is more equitable than the Future Improvement Agreements (FIA). Gary Piro, 2641 Valewood Avenue, Vice Chair of the Street and Sidewalk Committee, described alternative sidewalk material that can be used to meet ADA requirements. He said that the Committee concurred that an FIA creates a hardship for people who want to remodel their homes. Mr. Piro expressed concern that by signing an NIA, residents will forfeit their ability to provide input into the design of their street. Mr. Piro asked for more time to review the NIA. Zell Dwelley said she likes the quaint, tree lined streets of Olde Carlsbad. She said the FIA’s and NIA’s are confusing, but the residents’ do not want to relinquish their rights to participate in the street design. She expressed concern that the NIA is no more equitable than the FIA. Lori Wickham, Ph.D., 4055 Park Drive, said she does not support the Compatible Improvement Street list and said the whole idea was not to widen streets. She expressed concern that staff ignored much of the Committee’s work and the staff report doesn’t correctly reflect the Committee’s intent. Dr. Wickham explained why she doesn’t support the NIA. Jeff Piro, 1898 Forest Avenue, submitted and reviewed a document entitled “Draft Waiver of Rights as a Condition to Receiving a Government Benefit”. He explained why FIA’s and NIA’s should not be required when a structure is remodeled and expressed concern that homeowners’ are relinquishing their rights when they sign a FIA or NIA. Kip McBane, 2691 Crest Drive, asked Council not to require street improvements and dedication of property on remodels. He asked Council to consider that the NIA destroys the intent of the Streets and Sidewalk Committee’s work and requested that the NIA and FIA issues be returned to the Committee for further discussion. July 18,200O Carlsbad City Council Page 4 Doug Chartier, said he will not improve his property because of the land dedication that will be required. Mr. Chat-tier said that the NIA’s and FIA’s result in a taking of property without just compensation. He expressed concern that the staff report does not reflect the Streets and Sidewalks Committee’s intent. Mr. Char-tier asked Council to cease the requirements of NIA’s of FIA’s for remodels. Pam Wischkaemper, 4039 Sunnyhill Drive, said there are many areas in Olde Carlsbad that need sidewalks and street improvements to address safety issues. However, she said that funding street improvements needs to be equitable for all residents of Carlsbad. Joe Gallagher, 1165 Hoover, said he is developing an in-fill project. He asked Council to appoint a team of staff members, familiar with the unique characteristics of the North West Quadrant, to implement the Street and Sidewalk Committee’s recommendations. Dr. Jack Debes, 4055 Park Drive, said the text of the ordinance mirrors the staffs recommendations, not those of the Committee. He spoke against the NIA’s. Jim King, 4156 Highland Drive, read his correspondence into the record requesting Council adopt the Committee’s report as written and making recommendations regarding clarified language in the NIA. Ross Cirrincione, 2071 Janis Way, asked what is the authority for the proposed NIA, noting that many other cities do not require this type of agreement. He asked why a NIA is needed when a homeowner remodels and traffic is not increased; and, the formula on which the dollar amount for the NIA is calculated. He said that handicap specifications need to be reviewed to ensure that they make sense. Justine McGill, 4340 Highland Drive, expressed concern that the NIA result in inappropriate taking of land without just compensation. Tessie Armstrong, said she doesn’t want to give her land away or promise to pay for something in front of her house that she doesn’t want. She said that the Streets and Sidewalks Committee voted against FIA’s, but now staff is recommending the same thing but called a NIA. Ms. Armstrong suggested that the issue be placed on the ballot. Geoffrey Bell, 3686 Highland Avenue, expressed concern that much of the Committee’s recommendations were ignored in the staff report. He said that residents in the North West Quadrant do not want street improvements. He said that if people are concerned about handicapped access, then the telephone poles should be moved from middle of sidewalks. Mike Swanson, 4050 Park Drive, said when he remodeled his home, he was required to dedicate a portion of his property to the City or assume debt. Gene Ezell, 2835 Wilson Street, said he has lived in his home for 45 years and does not want any street improvements to occur. July 18,200O Carlsbad City Council Page 5 Mayor Lewis declared a recess at 8:35 p.m. Council reconvened at 8:44 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 28 8. AB #15,830 - RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE STREET 97 AND SIDEWALK POLICY COMMITTEE FINAL REPORT (Continued) In response to Mayor Lewis, Mr. Hubbs explained staffs recommendation that dedications remain as a requirement of residential remodels and that the threshold for the requirement should be raised from $10,000 to $15,000. In response to Council, Ron Ball, City Attorney, explained that if there is a benefit, the City is allowed to place a condition on the privilege of development. He said Article I, Section 7 of the California Constitution provides the authority for cities to create laws. Warren B. Diven, Attorney at Law, Best Best & Krieger, 402 West Broadway, 1 3’h Floor, San Diego, explained that the authority for NIA’s stems from the city’s police powers to condition improvements on the remodeled property. He said that provisions of the NIA do not prohibit property owners from participating in the determination of what those improvements might be. Mr. Diven said the language in the NIA could be clarified so reflect this. In response to Council Member Nygaard, Mr. Hubbs concurred that a NIA would be invoked only when a street has been redesigned. Council Member Nygaard said that language should be clarified in the NIA to reflect that property owners may still participate in determining their street improvements. Staff responded to Council’s questions regarding Proposition 218; alternative street designs; traffic impact fees; offers of dedication; remodeling; and, the building permit valuation as they relate to the NIA. Council Member Finnila asked that correspondence from Kenneth and Katie Jean Capps, dated July 17, 2000, be entered into the record. Council Member Finnila spoke in support of the NIA and concurred with staff recommendations. She spoke of the importance of developers paying their way. Council Member Nygaard spoke of the importance of adding language that alternative street design must be done prior to the NIA. She spoke of the importance of everyone paying their fair share of improvements. After discussion, Council concurred to return all documents to staff for clarification that by signing a NIA, property owners would not forfeit their right to participate in their street h July 18,200O Carlsbad City Council design. Ron Ball, City Attorney, said he would make the appropriate language clarification and would return to Council on July 25, 2000. Page 6 67 5. AB #15,827 - AMENDMENT OF MUNICIPAL CODE RELATING TO DISTRIBUTION AND SOLICITATION OF MATERIALS ON SIDEWALKS. Council Member Nygaard said although she was absent from the first reading of Ordinance No. NS-552 on July 11, 2000, she had reviewed all of the information and was prepared to vote on the adoption. Council Member Finnila said she would remain consistent with her previous position and oppose the adoption of Ordinance No. NS- 552. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-552, amending Chapter 8.28 of the Carlsbad Municipal Code to specify the locations and conditions for the distribution or solicitation of materials to persons in vehicles. AYES: NOES: Lewis, Hall, Nygaard, and Kulchin. Finnila. 28 6. AB #15,828 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT. Citing a conflict of interest, Council Member Hall left the dais at 9:50 p.m. lnez Yoder, 7304 Borla, asked if dedicated open space is a condition of the South Carlsbad Redevelopment Project. Marcia Stults, 5199 Los Robles Drive, said Carlsbad Boulevard is an historic element. She expressed concern that this redevelopment plan has a stated goal of realignment. Ms. Stults said that realignment should be an option. Council Member Nygaard said although she was absent from the first reading of Ordinance No. NS-553 on July 11, 2000, she had reviewed all of the information and was prepared to vote on the adoption ACTION: On a motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-553, approving the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. AYES: Lewis, Finnila, Nygaard, and Kulchin. NOES: None. ABSENT: Hall. . *. h 37 July 18,200O Carlsbad City Council Page 7 PUBLIC COMMENTS: Dr. Jack Debes, 4055 Park Drive, expressed his concerns regarding rumors and discussed several issues within the community. Lori Wickham, Ph.D., 4055 Park Drive, said that many people are opposed to street improvements because of the potential for street widening. She said that most of the streets involved with NIA’s will be widened to the 45-foot limit. She said that studies show that narrow streets are safer. ADJOURNMENT TO THE MUNICIPAL WATER DISTRICT MEETING Council adjourned to the Municipal Water District Meeting at IO:02 p.m. with President Lewis and all four Board Members present. ADJOURNMENT TO THE CITY COUNCIL Council reconvened at IO:05 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT (continued): 9. AB #I 5,831 - 1999-2000 GOAL ACCOMPLISHMENTS. Council concurred to continue this agenda item to a future Council meeting. Citing a conflict of interest, Mayor Pro Tern Hall left the dais at IO:10 p.m. 99 10. AB #I 5,832 - CITIZEN REQUEST FOR EXEMPTION FROM THE MORATORIUM IN “OLDE CARLSBAD” FOR CARLSBAD BEACH ESTATES 5-LOT SUBDIVISION - CT 99- Ol/SDP 99-02/PUD 99-Ol/CP OO-OIKDP 99-02. Patricia Buckmaster, Carlsbad Beach Group Investors, 2171 El Camino Real, Suite 202, Oceanside, asked that her project known as the Carlsbad Beach Estates 5-lot subdivision, be exempt from the moratorium in Olde Carlsbad. ACTION: On a motion by Council Member Finnila, Council exempt the project known as Carlsbad Beach Estates 5-lot subdivision from the Urgency Ordinance prohibiting the issuance of building and/or grading permits for project processed under Titles 20 or 21 of the Carlsbad Municipal Code, located within the area known as “Olde Carlsbad”. AYES: Lewis, Finnila, Nygaard, and Kulchin. NOES: None. ABSENT: Hall. Mayor Pro Tern Hall returned to the dais at IO:09 p.m. July 18,200O Carlsbad City Council Page 8 COUNCIL REPORTS AND COMMENTS: Lorraine Wood, City Clerk, announced that the regularly scheduled July 25, 2000 Council Meeting will be held at the Carlsbad City Library, Schulman Auditorium 1775 Dove Lane, Carlsbad, beginning at 6:00 p.m. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of July 18, 2000 was adjourned at IO:1 1 p.m. Respectfully submitted, Janice Breitenfeld Deputy City Clerk