HomeMy WebLinkAbout2000-07-25; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Special Meeting)
DATE OF MEETING: July 25, 2000
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: Shulman Auditorium, Dove Library, 1775 Dove Lane
CALL TO ORDER: Mayor Lewis called the Special 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.
ANNOUNCEMENTS:
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Friday, July 28, 2000 - 6:00 p.m., T.G.I.F. Jazz in the Park Concert, Poinsettia Park,
6600 Hidden Valley Road.
Saturday, July 29, 2000 - 6:30 p.m., Police Chief Bob Vales Retirement Event, La
Costa Resort, 2100 Costa Del Mar Road.
CONSENT CALENDAR:
Council concurred to remove Item # 7 and #I 0 for discussion.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the
Consent Calendar, Items #I through #IO, with the exception of Items #7
and #IO, as follows:
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
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AB #I5833 - REPORT ON DISPOSITION ENTITLED WEST COAST GENERAL
CORPORATION, J.V. V. CITY OF CARLSBAD.
Council accepted the reporting of the disposition as required by the Brown Act, in
West Coast General Corporation J.V. v. City of Carlsbad, Case No. N61626.
AB #15,834 - FINAL MAP FOR CARLSBAD TRACT NO. 99-02 - POINSETTIA
COVE.
Council adopted RESOLUTION NO. 2000-238, approving the final map for
Poinsettia Cove.
AB #I5835 - DAVIS AVENUE WATER LINE REPLACEMENT - PROJECT NO.
3532.
Council adopted RESOLUTION NO. 2000-239, accepting the construction of the
Davis Avenue Water Line Replacement as complete, and directing the City Clerk
to record the Notice of Completion and release bonds appropriately.
AB #15,836 - FARADAY AVENUE EXTENSION-GRADING AND DRAINAGE -
PROJECT NO. 3593.
Council adopted RESOLUTION NO. 2000-240, accepting the Faraday Avenue
grading and drainage improvements between the westerly terminus of the
existing Faraday Avenue and Cannon Road as complete, and directing the City
Clerk to record the Notice of Completion and release bonds appropriately.
AB #15,847 - CARLSBAD BOULEVARD PARKING AT PONTO BEACH ROAD
RECONSTRUCTION - PROJECT NO 3618.
Council adopted RESOLUTION NO. 2000-248, accepting the Carfsbad
Boulevard Parking at Ponto Beach Road Reconstruction as complete, and
directing the City Clerk to record the Notice of Completion and release bonds
appropriately.
AB #I 5,837 - EMERGENCY BUILDING REPAIRS TO SENIOR CENTER.
Council adopted RESOLUTION NO. 2000-241, accepting the work for
emergency building repairs to the Senior Center as complete, and directing the
City Clerk to record the Notice of Completion and release bonds appropriately.
AB #15,838 - APPROVAL TO PROVIDE FOR THE SAFE COLLECTION,
RECYCLING, TREATMENT AND DISPOSAL OF HAZARDOUS WASTES
GENERATED BY HOUSEHOLDS.
This item was pulled for discussion.
AB #15,839 - AWARD OF CONTRACT FOR ADMINISTRATION AND
EMPLOYMENT SERVICES - HIRING CENTER.
Council adopted RESOLUTION NO. 2000-243, awarding a contract with the San
Diego County SER/Jobs for Progress Inc. for administrative and employment
services at the Carlsbad Hiring Center.
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31 9. AB #15,840 - APPROVAL OF AGREEMENT FOR BUSINESS LICENSE
45 CONSULTING SERVICES.
Council adopted RESOLUTION NO. 2000-244, approving an agreement with
MBIA Muniservices Company/MRC (MMC) for business license consulting
services.
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55 45 7. AB #15,838 - APPROVAL TO PROVIDE FOR THE SAFE COLLECTION,
RECYCLING, TREATMENT AND DISPOSAL OF HAZARDOUS WASTES
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lo. AB #15,841 - EVALUATION OF ACQUISITION OF MCCLELLAN-PALOMAR
AIRPORT.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS:
GENERATED BY HOUSEHOLDS.
Council Member Nygaard, stating the importance of this item, requested a staff
presentation.
Julie Ross, Management Analyst, presented the staff report.
ACTION: On a motion by Council Member Nygaard, Council adopted
RESOLUTION NO. 20001242, authorizing the execution of the Household
Hazardous Waste Use Agreement with the Regional Solid Waste
Association.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
lo. AB #15,841 - EVALUATION OF ACQUISITION OF MCCLELLAN-PALOMAR
AIRPORT.
Council Member Finnila said it is in the best interest of the City to keep the airport vital
and to make sure Carlsbad has a good mix of aviation.
ACTION: On a motion by Council Member Finnila, Council accepted the Evaluation
of Acquisition of McClellan-Palomar Airport Report.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
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INTRODUCTION OF ORDINANCES:
28 11. AB #I5830 - IMPLEMENTATION OF THE STREET AND SIDEWALK POLICY
97 COMMITTEE FINAL REPORT.
Ron Ball, City Attorney, reviewed the staff report and Lloyd Hubbs, Director of Public
Works, described the revisions to the proposed Neighborhood Improvement
Agreement.
Council Member Finnila said there should be an explanation in the Neighborhood
Improvement Agreement regarding the estimated and actual assessment. She also
said their should be one weighted assessment vote per weighted obligation.
In response to Council Member Kulchin, Mr. Hubbs reviewed the alternative street
design process.
Mr. Ball reviewed Page 5, Paragraph 3f of the proposed Neighborhood Improvement
Agreement, and explained that the assessment ballots shall be weighted by the amount
of the proposed assessment to be imposed upon each parcel for which an assessment
ballot was submitted, which reflects state law. Mr. Ball reiterated that under the
proposed Neighborhood Improvement Agreement, the assessment would be triggered
only if the building was expanded out, down, or up and the dollar amount of the
improvements exceeded $75,000.00. He said that both of these are necessary; if only
one occurs, the assessment would not be triggered. In addition, alterations affecting
only the interior would not trigger the assessment. To clarify this fact, Mr. Ball
suggested that the words “alters” and “altered” be deleted from Page 4, Line 22 of
Ordinance No. NS-556. Council concurred.
In response to Mayor Lewis, Jim Elliott, Administrative Services Director, explained the
bonding process.
Kip McBane, 2691 Crest Drive, submitted and reviewed written correspondence
expressing concern that Neighborhood Improvement Agreement will result in the loss of
property owners’ rights. He also expressed concern that the Neighborhood
Improvement Agreement does not reflect the Streets and Sidewalks Committee’s intent.
Michele Levy, 3021 Highland Avenue, spoke against Neighborhood Improvement
Agreements.
Jim Swab, 3640 Adams Street, spoke against Neighborhood Improvement Agreements.
He said that the entire community should share in the cost of streets and sidewalks
because everyone in the community uses them.
Dr. Jack Debes, 4055 Park Drive, spoke against Neighborhood Improvement
Agreements.
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Lori Wickham, Ph.D., 4055 Park Drive, expressed appreciation to the police department
for their attempts to address speeding on her street. She said that wide streets are bad
for Carlsbad and traffic studies are not necessary. Dr. Wickham suggested that traffic
impact fees be used to fund street and sidewalk improvements. She expressed
concern that by signing the Neighborhood Improvement Agreement, property owners
will be waiving their right to protest and not really understand what they are signing.
Jim King, 4756 Highland Drive, submitted and reviewed correspondence expressing
concern that the Neighborhood Improvement Agreement does not reflect the Streets
and Sidewalks Committee’s intent.
Michael Wischkaemper, 4039 Sunnyhill Drive, noted that not all of the streets and
sidewalks improvements would occur simultaneously. He said that the Neighborhood
Improvement Agreement is a better vehicle than the Future Improvement Agreement.
Nanci Chattier, 2697 Wilson, expressed concern that people who can not afford to
participate in the assessment district will have to sell their homes. She said it is not fair
that people will be forced to dedicate their land to widen streets. Mrs. Chartier
expressed concern that on occasion a parcel of land is sold with one existing home,
and that home will be razed to build several new homes.
Joyce James, 3931 Garfield, expressed concern that projects are started but not
finished, such as undergrounding utilities. She said unfinished projects should be
completed before new projects are undertaken.
Margaret Bones, 231 Olive Avenue, expressed opposition to the proposed
Neighborhood Improvement Agreement. She said that redevelopment money should
be used to improve all neighborhoods in Carlsbad.
Robert Payne, PO Box 130262, Carlsbad, read from Mr. McBane’s correspondence
and spoke against the proposed Neighborhood Improvement Agreement and asked to
be placed on the notification list for Highway 101 realignment.
lnez Yoder, 7304 Borla Place, said the proposed ordinance does not reflect the Streets
and Sidewalks Committee’s intention.
Zell Dwelley, 2771 Wilson Street, a member of the Streets and Sidewalks Committee,
asked if the Future Improvement Agreements (FIA) will go away if the Neighborhood
Improvement Agreement is adopted. Ms. Dwelley expressed concern that she will be
signing away her rights if she signs a Neighborhood Improvement Agreement and that
the tree-lined streets will not be protected. Ms. Dwelley said that staffs
recommendations do not reflect the Committee’s intentions.
Pamela Wischkaemper, 4039 Sunnyhill Drive, a member of the Streets and Sidewalks
Committee, said the task of the committee was to protect the streets; however, the
issue has unraveled to NIA’s and dedications.
July 25,200O CITY COUNCIL Page 6
Doug Chattier, 2697 Wilson Street, a member of the Streets and Sidewalks Committee,
noted that the Neighborhood Improvement Agreement’s will be applicable throughout
all of Carlsbad. He expressed concern that the Neighborhood Improvement
Agreement’s will be litigated. Mr. Chartier said that existing homes should be exempt
from the FIA and Neighborhood Improvement Agreements.
Jeff Piro, 1898 Forest Avenue, said that street improvements should be paid by the City
and not by the property owners. He spoke against the Neighborhood Improvement
Agreements.
Mayor Lewis, Council Member Kulchin and Council Member Nygaard spoke in support
of the Neighborhood Improvement Agreement. In response to Council, Ron Ball, City
Attorney, said that there would be an opportunity for property owners to convert their
FIA to a Neighborhood Improvement Agreement. However, it will not be a requirement.
Council concurred.
Council Member Finnila and Mayor Pro Tern Hall spoke in support of the Neighborhood
Improvement Agreement.
Ron Ball, City Attorney, said with Council direction, the word “alter” will be deleted from
Paragraph 18.40.040, (b), in Ordinance No. NS-556 and an item will also be added to
direct staff to provide the opportunity to property owners to substitute NIA’s for FIA’s.
Council concurred.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE
NO. NS-555 repealing moratorium on improvements, Title 18, Section
18.40.130 of the Carlsbad Municipal Code, and amending Title 18,
Chapter 18.40, of the Carlsbad Municipal Code by the Amendment of
Sections 18.40.010, 18.40.020, 18.40.030, 18.40.040, 18.40.070 and
18.40.090; delete “alter” in Section 18.40.040; and add an item to provide
the opportunity to property owners to substitute NIA’s for FIA’s; and,
Introduced ORDINANCE NO. NS-556 repealing Urgency Ordinance No.
NS-516 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 and repealing Ordinance No. NS-
527, which extended Ordinance No. NS-516; and,
Adopted RESOLUTION NO. 2000-236 approving the designation of
alternative design streets, the alternative street design approval process,
and the alternative design criteria; and,
Adopted RESOLUTION NO. 2000-237 responding to Street and Sidewalk
Committee recommendations.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
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Mayor Lewis declared a recess at 8:lO p.m. Council reconvened at 8:23 p.m. with
Mayor Lewis and all four Council Members present.
ADOPTION OF ORDINANCE:
102 12. AB#15,848-ESTABLISHMENT OF SPEED LIMIT ON CAMINO VIDA ROBLE
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO.
NS-554 amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code
by the revision of Section 10.44.160 to establish a Prima Facie 40 mile
per hour speed limit upon Camion Vida Roble from Palomar Oaks Way to
its intersection with El Camino Real
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
PUBLIC COMMENT:
Dr. Jack Debes, 4055 Park Drive, read passages from Lewis Carroll’s Alice in
Wonderland.
Lori Wickham, Ph.D., 4055 Park Drive, said she was a member of the Streets and
Sidewalk Committee. She expressed concern that the agenda bill and staffs
recommendations do not reflect the Committee’s intention.
Michele Levy, 3021 Highland Avenue, expressed concern that videos had been moved
from the Cole Library to the Dove Library and that there are empty shelves at the Cole
Library.
Scott Pieratt, 7201 Manzanita Street, expressed concern about the Batiquitos Lagoon’s
health. He suggested that the City resume responsibility for its maintenance.
Deborah Santino, a resident of Oceanside, and a NCTD bus driver, described an
incident in which she was involved during a recent traffic stop by a Carlsbad Police
Officer.
PUBLIC HEARING:
43 13. AB#l5,842-CUP 99-28/CDP 99-55 - OSCAR’S CARLSBAD
Barbara Kennedy, Associate Planner, reviewed the staff report. In response to
Council’s questions regarding signage, she explained that an entire new sign program
would be required if the signage for Oscar’s is changed. Ms. Kennedy said the
proposed Oscar’s sign would be visible by drivers. Ms. Kennedy also presented a brief
history of the nearby land use and said that pedestrian friendly access from Costco to
July 25,200O CITY COUNCIL Page 8
Oscar’s could be achieved during Costco’s future improvement plans. Ms. Kennedy
described the landscaping buffer between Oscar’s and the gas station.
Mayor Lewis opened the duly notice public hearing at 9:00 a.m. and asked if anyone
wished to speak on this matter in any way.
Rudy Medina, Director of Real Estate, Oscar’s, 12873 Caminito Diego, San Diego,
92130, the applicant, spoke in support of the project. He noted that they have already
initiated a pedestrian friendly access from Costco to Oscar’s.
Lori Wickham, Ph.D., 4055 Park Drive, clarified that she is only opposed to traffic
surveys in residential areas.’ She expressed concern with how Oscar’s fits in with other
project in the City.
John Sarkisian, Chief Executive Officer, Oscar’s, 9823 Pacific Heights Boulevard, Suite
J, San Diego, 92121, explained that Oscar’s is oriented to the neighborhood and over
50% of their business is take-out. He described the many ways in which they support
the community.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 9:ll p.m.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO.
2000-245 approving a negative declaration, conditional use permit, and
coastal development permit to allow a restaurant on property generally
located at the southwest corner of the intersection of Palomar Airport
Road and Armada Drive in Local Facilities Management Zone 5.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
32 14. AB #I 5,843-PRESENTATION ON THE FLUCTUATION OF ELECTRICAL PRICES
BY THE SAN DIEGO GAS & ELECTRIC COMPANY
Frank Urtasun, Regional Public Affairs Manager, San Diego Gas & Electric, 8330
Century Park Court, San Diego, 92123-I 530, distributed and reviewed documents
relating to the recent fluctuation of electrical prices.
Jeffrey Trace, Senior Pricing Analyst, SDG& E, 8330 Century Park Court, San Diego,
92123-I 530, discussed the electric commodity on the State level.
Mr. Urtasun and Mr. Trace answered Council’s questions regarding electrical pricing.
This item was for information only. Council did not take any action.
July 25,200O CITY COUNCIL Page 9
15. AB #I 5,844-PRESENTATION ON THE NEED FOR A VIEW ORDINANCE WITHIN
THE CITY
Guy McCreary, 609 I, Caminito Madrigal, Chairman of the Ad Hoc Committee on Ocean
Views and Trees-Altamira II, submitted a petition of people who support the concept of
a view ordinance. He distributed color digital photographs showing the obstructed view
from homes in Altamira II, noting that the trees are blocking the ocean view. He also
read his correspondence asking Council to establish a Ad Hoc Ocean View Tree
Ordinance Review Committee, similar to that in the City of Del Mar.
Dr. Jack Debes, 4055 Park Drive, spoke of the importance of citizen empowerment.
Barry Brown, 6679 East Paseo Del Norte, expressed concern that the trees in Altamira
II have grown so large, that the residents’ ocean view is obliterated.
Linda Levier, 915 A Caminito Estrada, a resident of Altamira II, read correspondence
from Chuck Crist (not on file in the City Clerk’s Office), expressing concern for the trees’
height located on the property below his home.
Dan Rouse, 916 B Caminito Estrada, a resident of Altamira II, said it is important to him
to have a view of the ocean and not the trees.
Josie McCloud, 902 G Caminito Madrigal, a resident of Altamira II, submitted a color
digital photographs showing how the trees block residents’ ocean views. She said the
City should maintain these trees.
Marsha Ross, residing on Caminito Madrigal, a resident of Altamira II, said she
purchased her home with an ocean view. However, the trees on the adjoining property
have grown so large, that her view has disappeared. She expressed concern that it is
unclear who is to maintain the trees.
Betty Miller, 908 E Caminito Madrigal, a resident of Altamira II, said they have tried to
discuss the overgrown tree issue with the other Homeowner Association, and have
offered to pay for the tree trimming and maintenance of the trees. However, their
proposal has been declined.
After discussion, Council concurred that mediation should be pursued. Ray Patchett,
City Manager, said that staff will prepare a report addressing the issue and return to
Council, Council Member Kulchin asked that the presentation be placed early on the
agenda.
16. AB #I 5,845- PERSONNEL BOARD APPOINTMENT
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 20001
246 appointing H. Raymond Uehara to the Personnel Board.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
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28 17. AB #I 5,846-HISTORIC PRESERVATION COMMISSION APPOINTMENT
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2000-
247 reappointing Gordon Bizieff to the Historic Preservation Commission.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
PUBLIC COMMENTS: None.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 25, 2000, was adjourned at IO:20 p.m.
Janice Breitenfeld
Deputy City Clerk