HomeMy WebLinkAbout2000-08-01; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: August I,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: Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard, and
Kulchin
Absent: None.
INVOCATION:
Lua Sisson offered the invocation.
PiEDGE OF ALLEGIANCE:
Mayor Pro Tern Hall led the flag salute.
ANNOUNCEMENTS
Ray Patchett, City Manager, introduced the new Police Chief Jim Hawks.
:il Members have been invited and may be participating Mayor Lewis announced that City Count
in the upcoming event:
I.F. Jazz in the Parks Concert, Poinsettia Park - 6600 Friday, August 4, 2000 - 6:00 p.m., T.G.
Hidden Valley Road.
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 27, 2000.
Minutes of the Regular Meeting held June 27, 2000.
Minutes of the Joint Special Meeting held June 27, 2000. (Hall abstained)
Minutes of the Joint Special Meeting held June 27, 2000.
Minutes of the Special Meeting held July 5, 2000.
Minutes of the Special Meeting held July 19, 2000.
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CONSENT CALENDAR
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent
Calendar, Items #l-6, with the exception of Item #2, as follows:
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of
all ordinances and resolutions at this meeting.
39 1. AB #I5849 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s investment
portfolio as of June 30,200O.
2. AB #I 5,850 - FINAL MAP FOR CARLSBAD TRACT 98-20 - JAMES CANYON ESTATES.
This item was pulled for discussion.
99 3. AB #15,851 - APPROVAL OF UNCONTROLLED STOCKPILE AGREEMENT FOR CT 98-
05/CDP 00-l 8.
Council adopted RESOLUTION NO. 2000-250, approving an Uncontrolled Stockpile
Agreement with Arie DeJong for the Poinsettia Lane Reach “C.”
74 4. AB #15,852 - REVISION OF CLASSIFICATION DESCRIPTION AND TITLE IN THE
HUMAN RESOURCES DEPARTMENT.
Council adopted RESOLUTION NO. 2000-251, revising the job description and title from
Human Resources Assistant to Benefits Administrator and amending the Management
Salary Structure.
5. AB #15,853 - REVISION OF JOB DESCRIPTION AND TITLE IN THE POLICE
DEPARTMENT.
This item was pulled for discussion.
57 6. AB #I 5,854 - ACCEPTANCE OF HOUSING PRODUCTION REPORT.
Council accepted a staff report on housing production for the reporting period July I,
1998, to June 30,1999.
DISCUSSION OF CONSENT CALENDAR ITEMS
99 2. AB #15,850 - FINAL MAP FOR CARLSBAD TRACT 98-20 -JAMES CANYON ESTATES.
Dr. Jack Debes, 4055 Park Drive, expressed opposition to building homes in James Canyon
and expressed concern that the environment will be adversely affected.
Lori Wickham, Ph.D., 4055 Park Drive, concurred and expressed concern about in-fill projects.
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In response to Council, Lloyd Hubbs, Director of Public Works, explained that the Final Map for
CT 98-20 has been through an extensive public hearing process and approved by the Planning
Commission. All of the conditions placed on this project have been met.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000-
249, approving the final map for James Canyon Estates.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
74 6. AB #15,853 - REVISION OF JOB DESCRIPTION AND TITLE IN THE POLICE
DEPARTMENT.
Lori Wickham, Ph.D., 4055 Park Drive, spoke in support of increasing police officers’ salaries.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000-
2!&2, revising the description and title of Crime Prevention Technician to Crime
Prevention Specialist, reallocating salary ranges of Crime Prevention Specialist,
Community Service Officer I, II, and III and amending the General Employees’
Salary Schedule and Police Salary Schedule.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
ORDINANCES FOR ADOPTION:
97 7. AB #15,855 - IMPLEMENTATION OF THE STREET AND SIDEWALK POLICY
COMMITTEE FINAL REPORT.
Ron Ball, City Attorney, explained the purpose of the proposed ordinance.
Doug Chattier, 2697 Wilson Street, a member of the Streets and Sidewalks Committee,
expressed concern that signers of the Neighborhood Improvement Agreements will not be
compensated for their dedicated land. He asked if the moratorium is still in existence.
Mayor Lewis said he would send Mr. Chartier correspondence to answer his questions.
Lori Wickham, Ph.D., 4055 Park Drive, a member of the Streets and Sidewalks Committee, said
the Streets and Sidewalks Committee voted against dedications and Future Improvement
Agreements and expressed concern about the Neighborhood Improvement Agreements. She
expressed opposition to the Neighborhood Improvement Agreements and said they are bad for
the community.
Dr. Jack Debes, 4055 Park Drive, said he remains opposed to the concept of dedications
because it is a taking of land without compensation. He expressed concern that the
Neighborhood Improvement Agreements take away the peoples’ right to vote.
In response to Council, Mr. Ball explained that the Neighborhood Improvement Agreement is a
legislative decision that says as a consideration to build, you need to dedicate a certain amount
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August 1,200O Carlsbad City Council Page 4
of frontage. Mr. Ball said this is not a government taking of land. He noted that the
Neighborhood Improvement Agreement is not before Council this evening, nor are the
Committee’s recommendations. Mr. Ball explained that the proposed ordinance will become
effective 30 days after adoption and the old moratorium will be lifted.
Mr. Ball referred to Section 3:, 18.40.030 Dedications required (b) in Ordinance No. NS-555
and said that “alters” and “altered” in Line 19 will be deleted with Council’s approval. Council
concurred.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-555
repealing the 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.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
97 8. AB #15,856 - IMPLEMENTATION OF THE STREET AND SIDEWALK POLICY
COMMITTEE FINAL REPORT.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted 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.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
William Van Cleve, Treasurer, Vistamar Homeowners’ Association, submitted a petition from the
Vistamar Homeowners’ Association asking Council to adopt an ordinance permitting the City of
Carlsbad to enforce the provisions of the California Vehicle Code and parking ordinances on the
private streets within the Vistamar residential development.
Ron Ball, City Attorney, said that staff would investigate the issue.
Dennis Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera, submitted
and reviewed correspondence to the U.S. Fish and Wildlife Service dated July 28, 2000
regarding concerns for the Habitat Management Plan relating to the Calavera area.
Dr. Jack Debes, 4055 Park Drive, spoke in support of repealing the Neighborhood Improvement
Agreements.
Lori Wickham, Ph.D., 4055 Park Drive, commended the traffic division of the Carlsbad Police
Department for their assistance of traffic enforcement, said that Traffic Calming Committee
meetings are opened to the public, and spoke against Neighborhood Improvement Agreements.
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August 1,200O Carlsbad City Council Page 5
She expressed concern that many of the recommendations made by the Streets and Sidewalks
Committee were not followed.
lnez Yoder, 7304 Borla Place, representing Canyons Network, shared a few of the comments
Canyons Network have made to the U.S. Fish and Wildlife Service regarding their concerns for
the Habitat Management Plan.
PUBLIC HEARINGS:
9. AB #15,857 - COST ASSESSMENTS FOR WEED ABATEMENT ON PRIVATE
PROPERTY.
Mike Smith, Fire Division Chief, reviewed the staff report. He noted a correction to the staff
report and said that 17 parcels incurred an abatement charge in excess of $500.00.
Mayor Lewis opened the duly noticed public hearing at 6:58 p.m. and asked if anyone wished to
speak on this matter in any way. Seeing no one wishing to speak, the Mayor closed the public
hearing at 6:59 p.m.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000-
253 confirming the report of the Fire Chief showing cost of weed abatement
against each parcel of land in said report, confirming the cost, and providing for
collection on the regular tax bill.
AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin.
NOES: None.
lo. AB #15,858 - CUP 97-07 - APPEAL OF CONDITION NUMBER 24 OF PLANNING
COMMISSION RESOLUTION NO. 4773 FOR THE CARLSBAD MUNICIPAL GOLF
COURSE.
Ray Patchett, City Manager, said that correspondence had been received from Kevin P.
Sullivan, legal representative for the applicant, requesting a continuance to continue
discussions with staff. Mr. Patchett said that staff concurs with the report and recommended
that this public hearing be continued to the August 8, 2000 Council meeting.
Mayor Lewis opened the duly notice public hearing at 7:00 p.m. and asked if anyone wished to
speak on this matter who was not able to return on August 81h.
Dr. Jack Debes, 4055 Park Drive, expressed concern for water run-off from the golf course into
the lagoon. He asked that the golf course be located away from any lagoon.
Doug Chartier, 2697 Wilson Street, said the property on which the golf course is proposed is
prime coastal sage habitat for the gnatcatcher; therefore, the golf course should be built in
another location.
Robert Payne, P.O. Box 130262, Carlsbad, asked if the total cost of the golf course includes the
financial loss on the Lake Calavera site. Mr. Payne also asked if the Ecke Family is involved
with the decisions related to the golf course.
August 1,200O Carlsbad City Council Page 6
Lori Wickham, Ph.D., 4055 Park Drive, said there are options available to mitigate the golf
course’s impact on the lagoon. She said that organic methods should be used.
In response to Council, Mr. Patchett said that the costs associated with the golf course are with
that site alone. He explained that the City owns the property on which the golf course is
proposed. Mr. Patchett noted that this property currently has vested final maps for additional
industrial projects.
Michael Holzmiller, Planning Director, presented a brief history of the golf course siting and the
inclusion of Lake Calavera in the Habitat Management Plan.
In response to Council, Ron Ball, City Attorney, said the only issue before Council under this
agenda item is Condition 24.
ACTION: On a motion by Mayor Pro Tern Hall, Council continued this public hearing to
August 8,200O.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, and Kulchin.
None.
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 7:21
p.m. with President Lewis all four Board Members present.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION
President Lewis adjourned to the Special Meeting of the Carlsbad Housing and Redevelopment
Commission at 7:30 p.m. with Chair Lewis and all four Commissioners present
RECONVENE TO THE REGULAR MEETING OF THE CITY COUNCIL
Chair Lewis reconvened to the Regular Meeting of the City Council at 8:20 p.m. with Mayor
Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORT
37 11. AB #I 5,831 - 1999-2000 GOAL ACCOMPLISHMENTS.
Jim Elliott, Administrative Services Director; Frank Mannen, Assistant City Manager; Marty
Orenyak, Community Development Director; and, Dennis Van Der Maaten, Fire Chief, made a
power point presentation entitled “City of Carlsbad’s 2000 Accomplishments” (on file in the City
Clerk’s Office) outlining the following four primary goals: Strategic Goals; Organizational Goals;
Department Program Goals; and, Individual Goals.
Council accepted the report. No action was required or taken.
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August 1,200O
PUBLIC COMMENT:
Carlsbad City Council Page 7
Jim King, 4156 Highland Avenue, said that the Streets and Sidewalks Committee made
recommendations on funding street improvements.
Brian Carstens, 6729 Whitesail Street, expressed concern that sporting events in Poinsettia
Park have been cancelled because the lights have not been working.
Robert Payne, P.O. Box 130262, Carlsbad, submitted correspondence from Janet Anderson,
Ph.D., Conservation Chair-San Diego Chapter Sierra Club and the Sierra Club Representative
to the MHCP to Ken S. Berg, Field Supervisor at U.S. Fish and Wildlife Service, dated July 28,
2000 regarding Sierra Club’s concerns for the Habitat Management Plan.
COUNCIL REPORTS AND COMMENTS: None
CITY MANAGER COMMENTS: None
CITY ATTORNEY COMMENTS: None
ADJOURNMENT.
By proper motion, the Regular Meeting was adjourned at 9:12 p.m.
Respectfully submitted,
- City Clerk
Janice Breitenfeld
Deputy City Clerk