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Home My WebLink About2001-04-17; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: APRIL 17,200l TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tern Kulchin called the Meeting to order at 690 p.m. ROLL CALL was taken by the Deputy City Clerk, as follows: Present: Absent: Kulchin, Finnila, Nygaard and Hall. Lewis. INVOCATION AND PLEDGE OF ALLEGIANCE: Mayor Pro Tern Kulchin offered the invocation and led the Pledge of Allegiance. PRESENTATION: Mayor Pro Tern Kulchin, on behalf of the City, accepted a plaque from Lynn Flannagan, representing the San Diego Marathon in appreciation of the City’s support. ANNOUNCEMENT: On behalf of the Mayor, Mayor Pro Tern Kulchin expressed appreciation to everyone for the cards, flowers and kind thoughts during the Mayor’s recovery. CONSENT CALENDAR: Council concurred to continue Item #3 to a meeting when a full Council was present. ACTION: On a motion by Council Member Nygaard, Council affirmed the action of the Consent Calendar, items #I through #5, with the exception of Item #3, as follows: AYES: Kulchin, Finnila, Nygaard and Hall! NOES: None. ABSENT: Lewis. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. April 17, 2001 Carlsbad City Council Meeting Page 2 (CONSENT CALENDAR CONTINUED) * 1, AB # #16,155 - APPROVAL OF PUBLIC WORKS BUDGET AMENDMENTS. Council adopted RESOLUTION NO. 2001-I 15, approving increased appropriations in the Traffic Signals, Street Lighting and Solid Waste Budgets for Fiscal Year ZOOO- 2001. 2. AB #16,156 -APPROVAL OF ADDITIONAL FUNDS FOR THE CARLSBAD BOULEVARD REALIGNMENT PROJECT - PD 99-lS/DWG 383-3, PROJECT NO. 36171. Council adopted RESOLUTION NO. 2001-I 16, approving an appropriation of additional funds for the Carlsbad Boulevard Realignment Project for installation of enhanced raised median landscaping and improvements. 3. AB #16,157 - DENIAL OF THE TENTATIVE MAP FOR CARLSBAD TRACT 00-09 -JACOBS PROPERTY. Council concurred to continue this item. 4. AB #16,158 - DENIAL OF THE REQUEST TO ALLOW TEMPORARY OUTDOOR EVENTS AT PLAZA CAMINO REAL - PP 24(l) Council adopted RESOLUTION NO. 2001-I 18, denying a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional events on property generally located at the northeast corner of Marron Road and Monroe Street, in Local Facilities Management Zone 1. 5. AB #16,162 -APPROVAL OF THE COASTAL RAIL TRAIL PROJECT AND ADOPTING THE MITIGATED NEGATIVE DECLARATION Council adopted RESOLUTION NO. 2001-121, approving the Coastal Rail Trail Project: and: adopted RESOLUTION NO. 2001-122! adopting the Mitigated Negative Declaration for the Coastal Rail Trail Project as prepared by the Planning Director. PUBLIC COMMENT: Dell Stafford, 904 Daisy Avenue, Carlsbad, expressed concern for the additional traffic on Daisy Avenue at Rose which will be generated by the 250 houses on the Thompson Rose property (Standard Pacific Homes). A petition entitled Save Our Streets was distributed, signed by homeowners in Spinnaker Hill opposed to the new development using Rose to Daisy Avenue as access feeder for the proposed development. (On file in the City Clerk’s Office.) Don Conners, 921 Begonia Court, Carlsbad! explained that there is already a speeding problem and heavy traffic on Daisy Avenue and the additional development will add to the problems. He expressed concern that his property value will be negatively affected as a result of the increased traffic from the Standard Pacific Development. Don Stafford, 904 Daisy Avenue, Carlsbad, expressed concern that the proposed 250 houses will be on very small lots and the already difficult traffic situation will become April 17, 2001 Carlsbad City Council Meeting Page 3 worse. He suggested that traffic from the development take access from Poinsettia Avenue instead of Daisy Avenue. Michele Aubuchon, 2786 Unicornia Street, Carlsbad, suggested that the Encina Power Plant be painted to resemble a lighthouse in order to soften the visual impact. Mayor Pro Tern Kulchin suggested that Ms. Aubuchon meet with the general manager of the Encina Power Plant to discuss the proposal. PUBLIC HEARING: 6. AB #16,159 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE CITY’S WEED ABATEMENT PROGRAM Mike Smith, Fire Division Chief, presented the staff report. Mayor Pro Tern Kulchin opened the duly notice public hearing at 6:22 p.m. and asked if anyone wished to speak on the matter in any way. Seeing no one wishing to be heard, the Mayor Pro Tern closed the public hearing at 623 p.m. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 2001-I 19, ordering the Fire Chief to abate nuisance by having weeds, rubbish and refuse removed. AYES: Kulchin, Finnila, Nygaard and Hall, NOES: None. ABSENT: Lewis. DEPARTMENTAL AND CITY MANAGER REPORTS 7. AB #16,160 - ESTABLISHMENT OF SPEED LIMIT ON AVIARA PARKWAY Bob Johnson, Deputy City Engineer, presented the staff report. ACTION: On a motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS-581, amending Title 10, Chapter 10.44, of the Carlsbad Municipal code by the revision of Section 10.44.330 to establish a Prima Facie 45 Mile Per hour Speed Limit upon Aviara Parkway from Poinsettia Lane to its intersection with Palomar Airport Road. AYES: Kulchin, Finnila, Nygaard and Hall, NOES: None. ABSENT: Lewis. April 17, 2001 Carlsbad City Council Meeting Page 4 x. AB #16.161 -APPEAL OF DETERMINATION OF NONCOMPLIANCE FOR 3080 LINCOLN STREET CONDOMINIUM RE-ROOF PROJECT Pat Kelley, Principal Building Inspector, presented the staff report. In response to Council, he said that the roof material used, triples the dead weight on the top of the buildings and triggers noncompliance with Section 3403 of the uniform Building Code. In response to Council, Damian Brower, Deputy City Attorney, explained that the Government Code provides immunities to code enforcement agencies; therefore, the City of Carlsbad would not be liable for any damage as a result of the roof collapsing. He said that notice has been provided that the City would like to file a certificate of noncompliance on each title of the property with the County Recorders’ Office. This action will be taken upon Council’s action to deny the appeal of the Monterey-Gage Homeowner’s Association. Jeffery Bloom, Glavis & Bloom, 1 IO West C Street, Suite 1002, San Diego, said he was representing the Monterey-Gage Homeowners’ Association (Association). He said that the licensed contractor hired by the Association, did not follow the law and correct procedures, He said at this time, the roof does not have a building permit and the Association concurs that the City has not approved the roof. Mr. Bloom said they had recently met with staff and he requested a postponement of 120 days to allow the opportunity to continue working with the City. Mr. Bloom asked Council not to record the certificate of noncompliance and allow them the opportunity to remedy the situation. In response to Council, Mr. Bloom said that it is a potentially unsafe roof. The engineer recently retained by the Association has not had the opportunity to determine if the structure can hold the roof. A postponement would afford the opportunity to make this determination. Erik Eriksen, representing his parents, owners of 3080 Lincoln Street, Apt. 29, said Mr. Bloom’s request for a postponement of 120 seems reasonable. He said additional engineering facts are required to determine if the structure and roof are truly safe. Bea Nelson, 287 Robin Lane, Oceanside, co-owner of one of the units, explained that the Board of Directors arbitrarily authorized the installation of the heavy roof tile. She said the Board of Directors has procrastinated for years in addressing the heavy roof tile issue and a postponement is totally inappropriate. Tom Knipstein, M.D., 1557 Pedregal Drive, Escondido, owner of Unit 27, said there is a large bowing in the roof, as a result of the heavy roof tile. He said there have been many delaying tactics by the Board of Directors and the Board has not kept the owners informed of the status. Dr. Knipstein said that the owners are concerned for the safety of the residents and asked that the owners be kept informed as to how this will be resolved. Jim Boone, 3955 Skyline Road, said he has owned his unit since 1984. He said the roof issue has been in dispute for 4 years and it is now time to make decisions. April 17, 2001 Carlsbad City Council Meeting Page 5 John Floodbergger, 2828 Nipoma Street, San Diego, Architect, said he was retained 3 weeks ago by the Association to facilitate a resolution. He said he has spoken to the structural engineer and now has an understanding that a structural analysis is needed and is forthcoming. Council Member Hall said he has noticed a sag in the roof and asked how it will be corrected. Pat Kelley, Principal Building Inspector, explained that without further analysis. it is difficult to say if the sag is caused by the weight of the tile or the age of the structure. Not enough information has been submitted to the City to determine if the building can support the roof. Damian Brower, Deputy City Attorney, explained that certificates of compliance would be recorded only after the structure has been brought into compliance. Council and staff discussion ensued regarding postponing this issue for 120 days, with the provision for milestones. Discussion was also held regarding Council’s options and staff’s recommendations. Council expressed concern for the length of time this problem has existed and the safety issue. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLlJTiON NO. 2005-120, denying the appeal of the Monterey- Gage Homeowner’s Association to the Building Official’s Determination of a Violation of Carlsbad Municipal Code Section 18.04.015 at 3080 Lincoln Street, Carlsbad, and authorizing the Building Official or his designee to file a Certificate of noncompliance on each title of the property with the County Recorder’s Office. AYES: Kulchin, Finnila, Nygaard and Hall, NOES: None. ABSENT: Lewis. 9. AB #16,152 - CARLSBAD COMMUNITY CABLE TELEVISION FOUNDATION APPOINTMENT Mayor Pro Tern Kulchin said that only one appointment will be made tonight and the Mayor recommends the appointment of James Bradley. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2001-112, appointing one member to the Foundation of Carlsbad Community Cable Television AYES: Kulchin, Finnila, Nygaard and Hall, NOES: None. ABSENT: Lewis. April 17, 2001 Carlsbad City Council Meeting Page 6 PUBLIC COMMENT Michele Levy, 3021 Highland, spoke of the need to purchase books for the two empty shelves in the Cole Library. Deb Schmidt, representing the North Coastal Group (San Diego Chapter Sierra Club) 3820 Ray Street, San Diego, read her correspondence dated April 17, 2001 into the record (on file in the City Clerk’s Office) requesting a meeting with staff regarding the Calavera Heights Management Plan. COUNCIL REPORTS AND COMMENTS: Council Member Nygaard said that the SDREG Commission is having a summit workshop on Saturday! April 28’“: at the California Center for the Arts, Escondido. Council Member Finnila noted that SDREG Commission summit morning activities are free, but there is a $25.00 fee for lunch. Mayor Pro Tern Kulchin said that she and Council Member Hall attended the lunch to honor the Carlsbad Police Department volunteers. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of April 27, 2001 was adjourned at 7:17 p.m. Respectfully submitted, DEPUTY CITY CLERK