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HomeMy WebLinkAbout2001-06-26; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CITY COUNCIL (Regular Meeting) JUNE 26,200l 6:00 p.m. 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: Lewis, Kulchin, Finnila, Nygaard (arrived at 6:02 p.m.) and Hall. Absent: None. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Saturday, June 30, 2001 - 6 p.m. Richard Glazier Reception and Concert Carlsbad City Library 1775 Dove Lane, Carlsbad Wednesday, July 4,200l - 7 p.m. Fourth of July Celebration Event Four Seasons Resort Aviara 7100 Four Seasons Point, Carlsbad AGENDA TAKEN OUT OF ORDER Mayor Lewis announced that Item No. 16 (AB #16,253 - CP 99-30 - Cannon Court) would be the first of the public hearings to be considered this evening. PRESENTATION: Mayor Lewis announced that the City recently won an Institute of Transportation Engineers award for Small Transportation Project of the Year for the Carlsbad Residential Traffic Management Program. Mayor Lewis presented the award to Bob Johnson, Deputy City Engineer; Jim Murray, Associated Engineer; and Michele Masterson, Management Analyst. APPROVAL OF MINUTES: None. June 26,200 1 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Council concurred to remove Items 1 and 2 for discussion. ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items 173 through # 13 as follows: AYES: NOES: Lewis, Finnila, Kulchin, Nygaard and Hall, None. 3. 4. 5. 6. AB #16,240 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of May 31, 2001. AB #16,241 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CARRILLO RANCH PHASE II - PROJECT NO. 34561-2. Council adopting RESOLUTION NO. 2001-181, approving plans and specifications, and authorizing the City Clerk to advertise for bids for Carrillo Ranch Phase II. AB #16,242 - DEDICATION OF CERTAIN CITY-OWNED REAL PROPERTY FOR PUBLIC STREET PURPOSES AND APPURTENANT USES (CANNON ROAD AND FARADAY AVENUE) - PROJECT NOS. 3184 AND 3593. Council adopted RESOLUTION No. 2001-182, dedicating certain city owned real property for public street and appurtenant uses for Faraday Avenue (PR 990003) (APN 212-01 O-l 1); and Council adopted RESOLUTION NO. 2001-183, dedicating certain city owned real property for public street and appurtenant uses for Faraday Avenue (PR 990004) (APN 212-01 O-05); and Council adopted RESOLUTION NO. 2001-184, dedicating certain city owned real property for public street and appurtenant uses for Faraday Avenue (PR 990005) (APN 212-01 O-l I); and Council adopted RESOLUTION NO. 2001-185, dedicating certain city owned real property for public street and appurtenant uses for Cannon Road (PR 3.4.0334) (APN 212-010-I 1). AB #16,243 -AMENDING AN AGREEMENT FOR TECHNOLOGY INTEGRATION SERVICES WITH NETSWORK, INC.. Council adopted RESOLUTION NO. 2001-186, approving Amendment No. 1 to the agreement with NetsWork, Inc. for technology integration services. June 26,200l Carlsbad City Council Meeting Page 3 7. 8. 9. AB #16,244 -AMENDING THE GROUND LEASE AGREEMENT FOR SPECIFIC PORTIONS OF THE PINE SCHOOL PROPERTY WITH CARLSBAD UNIFIED SCHOOL DISTRICT. Council adopted RESOLUTION NO. 2001-187, authorizing an amendment to the terms of the Ground Lease Agreement and extending the expiration date for Carlsbad Unified School District’s present use of the Pine School property for the Carlsbad Village Academy and the Maintenance and Operation function. AB #16,245 - RATIFICATION OF EXTENSION AND AMENDMENT TO THE AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES WITH MOON-MAYORAS ARCHITECTS. Council adopted RESOLUTION NO. 2001-188, approving ratification of extension and amendment to the agreement for Americans with Disabilities Act (ADA) architectural and engineering services with Moon-Mayoras Architects. AB #16,246 - AUTHORIZING STAFF TO EXECUTE ALL NECESSARY FORMS FOR THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT PROGRAM. Council adopted RESOLUTION NO. 2001-189, authorizing the Public Works Manager/General Services, Management Analyst, or designee to execute in the name of the City of Carlsbad all necessary forms for the purpose of securing payments and to implement and carry out the purposes specified in Section 14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act. 10. AB #I69247 -AWARD OF BID FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT AVIARA PARKWAY AND KESTREL DRIVE - PROJECT NO. 3369-2. Council adopted RESOLUTION NO. 2001-190, accepting the bid proposal of T&M Electric, Inc. for the construction of the traffic signal at Aviara Parkway and Kestrel Drive. 11. AB #16,248 - GENERAL PLAN STATUS REPORT 1999-2000. Council accepted the General Plan Status Report for 1999-2000. 12. AB #16,249 -APPROVAL OF FINAL MAP FOR CARLSBAD TRACT NOS. 98-12 AND 00-05 - MAGNOLIA GARDENS AND MAGNOLIA GARDENS II. Council adopted RESOLUTION NO. 2001-191 L approving the final map for Carlsbad Tract 98-12, Magnolia Gardens and Carlsbad Tract 00-05, Magnolia Gardens II. June 26,200 1 Carlsbad City Council Meeting Page 4 13. AB #16,251- PURCHASE OF NINE ACRES OF THE SOUTH PARCEL ADJACENT TO THE EWA WASTEWATER TREATMENT FACILITY FOR CARLSBAD’S PHASE 2 - RECYCLED WATER PROJECT. Council adopted RESOLUTION NO. 2001-192, approving the agreement with the Encina Wastewater Authority and the Encina Wastewater Authority member agencies transferring title to the Encina Wastewater Authority’s south parcel and authorizing the purchase of a portion of the south parcel by the City. DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #16,238 -ACCEPTANCE OF DONATION. Council Member Kulchin reviewed the staff report. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-179, accepting a gift of $1,000 from the Carlsbad Lions Club and appropriating donation to the Library Gifts and Bequests Fund. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 2. AB #16,239 -ACCEPTANCE OF DONATION. Council Member Kulchin reviewed the staff report. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-180, accepting a gift of $5,000 from the Friends of the Library and appropriating donation to the Library Gifts and Bequests Fund. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. PUBLIC HEARINGS: 16.AB #16,253-CUP 99-30 -CANNON COURT. Barbara Kennedy, Associate Planner, presented the staff report. She noted that a small park is located at the southwest corner of the site and will contain picnic benches and bike racks. The project has been conditioned to allow the coastal rail trail to run through the park area so that it can cross Cannon Road at the new intersection. A bus stop will also be located on Cannon Road near the park area. Ms. Kennedy said the neighbors are concerned that the gas station would be developed first and then there would be a time lapse before the other uses were developed. Therefore, staff has drafted a condition for Council’s consideration, which would require June 26,200 1 Carlsbad City Council Meeting Page 5 that the gas station and mini-mart be constructed either subsequent to or concurrently with one other use. This would ensure that a minimum of two freeway-oriented uses is on the site. The developer has also proposed an alternative condition to staff’s proposed condition. Ms. Kennedy said another concern expressed by the neighbors is the generation of traffic. She reviewed the average daily trips on the project. The traffic report indicates that the project traffic will not reduce the level of service of the surrounding streets and key intersections to unacceptable levels. A new traffic signal will be installed at Cannon Road and Avenida Encinas and dual west to south bound turn lanes will be constructed at this intersection. The project is also conditioned to coordinate the signal timing with the freeway and the railroad. In response to Council Member Nygaard, Ms. Kennedy said that the project is conditioned to provide any facilities (such as a bus bench) that the North County Transit District requires at the bus stop on Cannon Road. Ms. Kennedy said that the traffic study incorporated the traffic uses at the power plant, She said the power lines run diagonally above the project site and Ms. Kennedy estimated that at the closest point, the power lines are 100 feet away from the project. Ms. Kennedy responded to Council and said the project contains a standard condition that requires all lighting to be shielded so that it doesn’t spill over onto adjacent properties. All conditions of approval run with the land. The life of the proposed CUP is 10 years and the project is conditioned such that the CUP will be monitored annually. In response to Council, Ms. Kennedy said that the intersection of Cannon and Carlsbad Boulevard was reviewed for traffic issues. Frank Jimeno, Associate Engineer, discussed the level of service at the intersection of Cannon and Carlsbad Boulevard. He said that current conditions as well as built-out conditions were considered and there will be no failures regarding levels of service. Traffic volumes were not high enough to justify a free right turn at the intersection of Cannon and Carlsbad Boulevard. Ms. Kennedy said that Hofman Planning Associates has suggested that a condition be added to require notification of future tenants that the power plant could be relocated to the property north of the site. Council and staff discussion ensued regarding the sale of alcohol at this site. Ron Ball, City Attorney, explained that Council has the authority to limit the sale of alcohol, upon making detailed findings, Mr. Ball said that in order to condition the hours of operation, detailed findings would be required to indicate the appropriateness. Mayor Lewis opened the duly notice public hearing at 6:24 p.m. and asked if anyone would like to speak on this matter in any way. June 26,200l Carlsbad City Council Meeting Page 6 John Buza, J.A. Buza Corporation, 3119 Circa De Tierra, Encinitas, explained that the mini-mart would have the ambience of a country store. He explained the design of the country store and spoke in support of the project. In response to Council, Mr. Buza noted that the project, with a 5,000 square foot country store had been presented to the Coastal Commission, but he said he did not think the Coastal Commission ever saw the smaller 1,500 square foot plan. Mr. Buza said that he would support notification of the proximity to the power plant location. Mr. Buza said he plans to build the entire project as soon as possible. If the economy turns downward and he is not successful in identifying a hotel for the site, Mr. Buza said that the parcel could be hydroseeded. He said they have no opposition to a bus bench and/or shelter being placed at the bus stop near the park. However, he hoped that the architecture of the shelter would be similar to that of his project and not have the shelter be constructed of plexi-glass boxes. In response to Council, Mr. Buza said their goal is to identify a hotel for the site that would then entice a quality restaurant to locate on the restaurant parcel. In response to Council, Mr. Buza said he does not know if the gas station could be built subsequently or concurrently with another use on the site. He asked that the project not be limited. Ronald Rouse, 7330 Alta Vista, legal representative for Mr. Buza, explained that as part of the first phase they are talking about the development of a full intersection that is far beyond the needs of a service station. He spoke in support of the project. Mr. Rouse said that as a matter of economic necessity, Mr. Buza doesn’t have the ability to bring two or four different users together in the timing of the development. The goal is to demonstrate the quality, make the commitment to the city through the expenditure of the full sizing of all of the high quality improvements. These will then more quickly attract a quality restaurant user and then ultimately the hotel and associated restaurant. Mr. Rouse said Mr. Buza supports additional language to the conditions that require building permits be tied to the delivery of the oversized infrastructure and all of the traffic improvements, including a signal, as evidence that the gas station, hotel and restaurant are linked together. Mayor Lewis spoke in support of the project and said he understood the need for phasing. He noted that the CUP runs with the land and the developer is installing substantial infrastructure at the intersection. Jeff Woolson, 5345 Los Robles, President of the Terramar Home Owners’ Association, said we are not anti-development and said they believe the project as laid out is satisfactory. He stated that other Terramar residents will offer suggestions for the project at the hearing. Martha Michael, 5290 El Arbol Drive, said this project would impact the neighbors. She noted that they already experience traffic problems that cannot be resolved and this project will add to the traffic congestion. She asked if the draft traffic study takes into consideration the opening of Cannon Road. Ms. Michael said that the gas station and mini mart should not be built, but if they will be built, then alcohol should not be sold. She also said that hours of operation should be limited. June 26,200 1 Carlsbad City Council Meeting Page 7 Marsha Stoltz, a resident on Los Robles, said right now the traffic on Cannon is heavy and this project will increase the volume. She said she is opposed to a gas station at the intersection of Cannon and Avenida Encinas. Catherine Miller, 5299 El Arbol, said traffic is already heavy on Cannon and when Cannon is improved, it will result in more traffic problems. She spoke against a 24-hour gas station that sells alcohol and said that this is an inappropriate location for a gas station. She asked that the City keep Cannon a beautiful exit. Jonnie Johnson, 5400 El Arbol, said the gas station will increase traffic in the area and the existing traffic is already congested. She noted that there is an 8 pump gas station on Tamarack, near a residential neighborhood, and traffic has increased as a result of that gas station. Ms. Johnson noted that the proposed project has 16 pumps and the impact to their neighborhood will be worse. Ms. Johnson explained that the beach, a park and their neighborhood are only one block away from Cannon. A gas station on Cannon selling alcohol will invite people into the area to drink and have parties. She expressed concern that the mini-mart patrons will leave a trail of trash through the park, through the neighborhoods and back to the beach. Ms. Johnson asked that the number of gas pumps be reduced, hours of operation be limited, and alcohol sales be banned. Alice Brown, 5157 Shore Drive, said she has lived at Terramar for 49 years and has never had a need for a mini-mart or gas station in her neighborhood. She asked how many restrooms would be inside the mini-mart and who would be the customers. Ms. Brown expressed opposition to alcohol sales and said the traffic is already heavy. Debra Melendez, 5520 El Arbol, expressed concern that this project will create additional traffic. She said that the speed limit on Cannon has been increased, but the traffic study has not been updated and does not include the latest average daily trip counts. Ms. Melendez said that Cannon is a major arterial, but the curb-to-curb distance has not been met. Tom Siekman, 5239 El Arbol Drive, said the 16 pump gas station should be moved across the freeway. He expressed concern that alcohol sales and trash caused by patrons of the mini-mart will make Terramar a less desirable neighborhood. He supported the restaurant and said it should open the same time as the gas station and the gas station should only have 6 or 8 pumps. Patrick Urel, PO Box 15192065, said he does not support a 24-hour mini-mart. He expressed concern for potential environmental impacts associated with the underground gasoline tanks. Mr. Urel said the traffic in the area would only become worse with this project. He said this project will create a high traffic impact problem. Mike Davis, 5079 Los Robles, said he does not support alcohol sales in the project because of its close proximity to the beach and park. June 26,200 1 Carlsbad City Council Meeting Page 8 Kerry Siekmann, 5239 El Arbol, expressed appreciation to staff for their assistance. She expressed concern about the sale of alcohol and the related crime, as well as increased traffic that would be created by this project. Ms. Siekmann talked about the zoning and said the hotel should be built first to comply with zoning requirements. Ms. Siekmann reviewed the memo from Dennis Cunningham, Planning Systems, regarding Cannon Court Project Phasing Condition (on file in the City Clerk’s Office). Ms. Siekman said that the gas station/mini-mart should be constructed subsequent to or concurrent with at least one other use at the site. She said that alcohol sales should be prohibited, the operation should not be open 24-hours, and the gas station should have less than 16 pumps. Bailey Noble, 5470 Los Robles Drive, said there are current difficulties with alcohol at the beach. He said this project should be prohibited from selling alcohol, but if they do sell alcohol, such sales should stop at IO:00 p.m. He expressed concern that the traffic is already heavy and this project will further impact the traffic situation. In response to Council Member Hall, Mr. Nobel said that a protected left turn west bound land into El Arbol and 4 lanes on Carlsbad Boulevard would be his remedy for traffic on Cannon. Doug Chartier, 2697 Wilson Street, stated his concern that the City of Carlsbad might have too many hotel rooms because the Transient Occupancy Tax has dropped during the past few months. He said another gas station is not needed in the area. He noted that this project is adjacent to the lagoon and perhaps a better use would be a desalination or aquaculture plant or power plant. Mr. Chat-tier suggested that the city start looking at land acquisition for those types of uses. Tom Bwari, 5273 Shore Drive, expressed concern for the trees along the border of the freeway of this project. He said there are large eucalyptus trees along the border of the freeway and this project, and every third three has been cut down. Mr. Bwari expressed concern that the developer will cut down all of the trees. Alice Brown, 5157 Shore Drive, said there is natural underground water on the project site and asked how this will affect the planned underground parking. Seeing no one else wishing to speak, the mayor closed the public hearing at 7:50 p.m. Mayor Lewis asked if the applicant would like to respond. Mr. Rouse, attorney for the applicant, said this property has been zoned and designed in Carlsbad’s Master Plan and the Coastal Commission Agua Hedionda Program as visitor serving commercial for over 20 years. He said everyone feels the existing traffic problems near Interstate 5. This project is fully responsible for making a very significant improvement to the traffic handling capacity at a key and critical intersection in Carlsbad. This project will pay traffic impact fees that can be used elsewhere in the city. The project will have eight, two-pump stations, for a total of 16 pumps, and these June 26,200l Carlsbad City Council Meeting Page 9 pumps are necessary to efficiently handle the people that need gasoline at Interstate 5 and Cannon. The reason a number of the eucalyptus trees along Interstate 5 were removed is because they were diseased. Mr. Rouse said that Mr. Buza retained a certified arborist and notified city staff that the trees were diseased. Mr. Rouse noted that the freeway is approximately the same level as the third floor of the hotel. Having a 24-hour country store will be a benefit to the community. Mr. Rouse said that beer and wine will be sold and if there is a problem, the police department will be the enforcer, and the issue could come back to Council. He said Mr. Buza should be given the opportunity to show that beer and wine sales is an appropriate use. Mr. Rouse requested that their alternative language be approved, as submitted in the memo from Dennis Cunningham, Planning Systems, (on file in the City Clerk’s office), rather than staff’s proposed language of two uses being built concurrently, In response to Council, Mr. Jimeno said that the developer’s traffic engineer used the Year 2000 traffic counts. Mr. Jimeno also explained the difference between a collector road and a major arterial. Mr. Jimeno said that the city does not have the right-of-way at this time to create a protected left turn lane. Bob Johnson, Deputy City Engineer, explained that if the right-of-way could be acquired, there could not be a protected left turn lane because of standards and street alignment. However, an additional unprotected left turn lane could result in getting the vehicles out of the through lane. Mr. Johnson said that traffic studies review the issue of traffic exiting the freeway, trip generation from the project and the background traffic that would be on Cannon Road. He explained how traffic studies are created and said they do not generally look at individual street impacts. In response to Council Member Kulchin, Ms. Kennedy explained that there are new regulations for the dual wall construction for underground fuel tanks. She noted that these issues are regulated by the County Health Department and other state and federal agencies. Jim Elliott, Administrative Services Director, explained that the Transient Occupancy Tax (TOT) through April, 2001, has continued to increase, and the City of Carlsbad is No. 2 in the County of San Diego in occupancy. In response to Council Member Finnila, Police Chief Jim Hawks explained his department’s efforts to patrol the beach in the summer. Mayor Lewis asked staff to return to Council at a future date to discuss 4 lanes on Carlsbad Boulevard. June 26,200l Carlsbad City Council Meeting Page 10 RECESS Mayor Lewis declared a recess at 8:25 p.m. Council reconvened at 8:34 p.m. with all members present. PUBLIC HEARINGS: (continued1 16. AB #16,253 - CUP 99-30 - CANNON COURT. (continued) Council Member Kulchin spoke in support of the project and said that the memo from Dennis Cunningham, Planning Systems, regarding Cannon Court Project Phasing Condition, (on file in the City Clerk’s Office) should be included as a condition. Council Member Kulchin said that alcohol sales in the mini-mart should be prohibited. Council Member Kulchin said she supported staff’s recommendation that the gas stationjmini- mart shall be constructed subsequent to or concurrently with at least one other use on the site. Council Member Kulchin also said that she supported Hofman Planning Associates recommendation that a condition of approval be added that would require the applicant to disclose the potential of the future construction of a power plant to the north to all future landowners or tenants of Cannon Court (correspondence from Hofman Planning Associates, dated June 26, 2001 proposing this condition is on file in the City Clerk’s Office). Council Member Finnila noted that this project is planned for future city needs. She agreed that alcohol sales should be prohibited at the mini-mart. She explained that the concurrent building condition should not be required. She noted that some of the traffic issues have been mitigated. However, she asked staff to review the left turn issue with the possibility of also looking at some type of traffic calming measure. Residential signage should be posted at the entrance into the residential area. Council Member Finnila reiterated that the removed eucalyptus trees were diseased. Council Member Finnila entered into the record the correspondence from Hofman Planning Associates, dated June 26, 2001 proposing a condition that would require the applicant to disclose the potential of the future construction of a power plant to the north to future landowners or tenants of Cannon Court, on file in the City Clerk’s Office. Council Member Finnila said she could support the proposed condition. Council Member Finnila said she would like the CUP to address realistic hours of operation. Council Member Nygaard spoke in support of the project and said that alcohol sales should be prohibited. She agreed with Council Member Finnila with the mini-mart and gas station being opened 24 hours, and allowing the CUP process to address any difficulties. Council Member Nygaard said she agrees that the condition needs to be added to the Public Utility Zone so that people are aware of the power plant construction. Council Member Nygaard said she would like a condition added, if it already has not been added, that if the project stalls, the property will be hydroseeded with appropriate irrigation. June 26,200 1 Carlsbad City Council Meeting Page 11 Council Member Hall said he met with the Terramar Homeowners’ Association this afternoon to listen to their concerns. He presented a history of the zoning on this property. He expressed concern that adding a condition that the gas station/mini-mart shall be constructed subsequent to or concurrently with at least one other use on the site will be too limiting and might compromise this quality project. Council Member Hall spoke in support of prohibiting alcohol sales on this project and looking at traffic calming options. He said that the hours of operation should be.addressed through the CUP process and that the notification regarding the potential of a future construction of a power plant to the north, as proposed by Hofman Planning, should occur. Mayor Lewis said that alcohol sales should be prohibited. He said he did not support the proposed condition that the gas station/mini-mart be constructed subsequent to or concurrently with at least one other use on the site. Mayor Lewis said he could support the idea of the mini-market being open at 5:30 a.m. and closing at II:30 p.m., and if there are no problems, then they could be open 24 hours. He suggested that the gas pumps remain open 24 hours. In response, Ronald Rouse, 7330 Alta Vista, explained that one employee would operate both the mini-market and that gas station at the same time. He asked for the opportunity to demonstrate their ability to remain open 24 hours a day without any problems. ACTION: On a motion by Council Member Kulchin, Council approved CUP 99-30, with the following added conditions: 1. Alcohol Sales in the mini-mart shall be prohibited; 2. Hours of Operation shall be addressed through the CUP; and, 3. The applicant shall disclose the potential of the future construction of a power plant to the north to all future landowners or tenants of Cannon Court AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. Ron Ball, City Attorney said he would return to Council with appropriate documents to memorialize Council’s direction. 14. AB #16,250 -AMENDMENTS TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND TO ADOPT, BY REFERENCE, REGULATIONS RELATED TO HAZARDOUS MATERIAL INVENTORY AND RESPONSE PLANS. Ron Ball, City Attorney, presented the staff report. June 26,200 1 Carlsbad City Council Meeting Page 12 Mayor Lewis opened the duly notice public hearing at 9:00 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 9:00 p.m. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-592, amending, in its entirety, Section 6.03.010 of the Carlsbad Municipal Code to reflect amendments to the San Diego County Code of Regulatory Ordinances and to Adopt, by Reference, Regulations Related to Hazardous Material Inventory and Response Plans. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 15. AB #16,252 - MCA 01-02 - UPDATE TITLE 19 OF THE CARLSBAD MUNICIPAL CODE. Dee Landers, Principal Planner, presented the staff report. In response to Council, Ron Ball, City Attorney, explained that the judicial courts consider mitigation monitoring programs very important. The amendments to this ordinance will allow for stronger enforceability of the ordinance. Mr. Ball said that the amendments would allow the city to pursue specific performance issues and/or revocation approvals, which would require a public hearing to the Planning Commission and City Council. Mayor Lewis opened the duly notice public hearing at 9:lO p.m. and asked if anyone wished to speak on this matter in any way. No one asked to be heard, so the Mayor closed the public hearing at 9:lO p.m. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-593, to Repeal and Re-Enact Title 19, Chapter 19- 04 of the Carlsbad municipal Code to bring this Chapter into Conformance with the California Environmental Quality Act and the State CEQA Guidelines. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. June 26,200 1 ACTION: AYES: NOES: Carlsbad City Council Meeting Page 13 On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-193, Adopting a Negative Declaration for a Municipal Code Amendment to Repeal and Re-Enact Title 19 of the Carlsbad Municipal Code to Bring the Title into Compliance with Legislative Changes in the California Environmental Quality Act as Well as to Reorganize and Clarify Existing Regulations. Lewis, Kulchin, Finnila, Nygaard, and Hall. None. PUBLIC COMMENT - None ADJOURNMENT TO HOUSING AND REDEVELOPMENT COMMISSION MEETING Mayor Lewis adjourned the Council Meeting to the Special Meeting of the Housing and Redevelopment Commission Meeting at 9:ll p.m. with all members present. CONTINUATION OF THE CITY COUNCIL MEETING Chair Lewis adjourned to the continuation of the Carlsbad City Council Meeting at 9:21 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 17. AB #16,254 - PRESENTATION FROM SANDAG ON THE SAN DIEGO REGIONAL BEACH SAND PROJECT. Steve Sachs, representing SANDAG, distributed and reviewed “San Diego Regional Beach Sand Project - Restoring a Priceless Resource”. He noted that Carlsbad is a big part of this effort and Carlsbad will be receiving 400,000 cubic yards of sand. Mr. Sachs said this is the first project of its kind on the west coast. Environmental impacts will be monitored for four years and the data used during Phase 2. Council concurred to receive and file the report. 18. AB #16,255 - SPEED LIMIT UPON ALICANTE ROAD FROM ALGA ROAD TO CORTE DE LA VISTA. Bob Johnson, Deputy City Engineer, presented the staff report. Council expressed concern for the safety of people trying to access their driveways on Alicante Road and if the speed limit will increase in the future. June 26,200l Carlsbad City Council Meeting Page 14 Mr. Johnson said Alicante Road is designated as a secondary arterial and has a designed speed of 45 miles per hour. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-594, Amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the revision of Section 10.44.210 to establish a Prima Facie 40 Mile Per Hour Speed Limit Upon Alicante Road from Alga Road to its Intersection with Corte De La Vista. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. Due to the lateness of the hour, Council concurred to refer Items 19 and 20 back to staff. 19. AB #16,256 - TRANSNET EXTENSION ISSUES. Council concurred to refer this item back to staff. 20. AB #16,257 - LEAGUE OF CALIFORNIA CITIES COMMUNITY GRASSROOTS NETWORK. Council concurred to refer this item back to staff. 21. AB #16,258 - URGENCY ORDINANCE - PROHIBIT FISHING AND ANCHORING IN POSTED AREAS OF THE AGUA HEDIONDA LAGOON TO PREVENT THE SPREAD OF DESTRUCTIVE ALGAE. Police Sergeant Keith Blackburn presented the staff report. Keith Merkel, 5434 Ruffin Road, San Diego, a biologist representing the firm of Merkel and Associates, spoke in support of staff’s recommendation to adopt Ordinance No. NS-595. He said he has been working with the boating community and the power plant regarding the prevention of the spread of these destructive algae. He said that the algae are fast growing and described the treatment to destroy the algae. Bob Richards, 4615 Park Drive, representing the Agua Hedionda Foundation, spoke in support of the Urgency Ordinance No. NS-595. He described the cost of the eradication efforts and the public outreach program. Mr. Richards said the United States Environmental Protection Agency is considering a $600,000 grant to study methods of eradication in the ocean, should the algae escape or migrate from the lagoon. He noted that the United States Fish and Wildlife Service and the Aquatic Nuisance Species Task Force Caulerpa Taxifolia Prevention Committee are co- sponsoring a two-day workshop in San Diego on July 10 and 11, 2001 to advance Caulerpa Taxifolia prevention planning and implementation. Mr. Richards recommended that the City send a representative. June 26,200 1 Carlsbad City Council Meeting Page 15 David Turner, 4553 Cove Drive, President of Bristol Cove Property Owners’ Association, said he was also representing the 600 hundred plus residents that live on the lagoon in Bristol Cove. He said he is also an active member of the Agua Hedionda Lagoon Foundation and a past board member, and a lagoon user. He expressed appreciation to Council for supporting the multiple use philosophy of Agua Hedionda Lagoon. He expressed appreciation to the lagoon owner, Cabrillo Power, whose generosity allows many activities to occur in Agua Hedionda. Mr. Turner said the importance of eradicating the algae is understood. However, Mr. Turner said they hope the proposed ordinance is not the first step in limiting the lagoon’s many uses. He asked that the restriction of anchoring and fishing only occur in the infested areas and not in the eastern half of the east basin. Mr. Turner asked that a public information flyer be created and circulated by Officer Felt and his lagoon patrol staff to be distributed to lagoon users. Mr. Turner offered to distribute the flyer to his association and post a flyer near the launch ramp. Steve Cade, 4523 Adams Street, expressed concern that the restrictions of the lagoon will continue to increase and eventually the lagoon will be shut down. Tom Fry, 4677 Park Drive, said staff needs to take an active role and be a liaison with the consultant. He noted that the public did not know about the algae until they read the article in the newspaper. He also noted that there are no postings on l-5. Leon Stemen, 4665 Park Drive, said he is a diver and said he did not think that the consultant is able to find all of the algae; and, if they can not find the algae, they are unable to treat it. Regarding the poor visibility, Mr. Stemen noted that two divers standing next to each other in the lagoon are not able to see other. Mr. Stemen expressed concern that the algae will spread to the next lagoon and the ocean. He recommended that extra measures, like draining, be considered. Police Chief Jim Hawks said there are three smaller areas outside of the large buoyed off areas that are now marked with buoys. They are tarped and under treatment. Chief Hawks said the areas of infestation are those areas that are restricted with the ordinance revision. He stated that these areas will be posted and enforced regarding fishing and anchoring. Chief Hawks said he was out on the lagoon Saturday and there were fisherman from the shore casting in the direction of the area closest to the freeway underpass, and it is a concern. Chief Hawks spoke of the importance on posting signs in the appropriate area, perhaps even in Spanish. He said that staff will prepare an informational flyer to distribute to the lagoon permit holders, through the Parks & Recreation Department. The flyer will also be distributed to other users of the lagoon. In response to Council Member Nygaard, Mr. Merkel said that draining the lagoon is a possibility. However, he said the current process is the right one at this point. He said he is also constantly on the look-out for other options, in the event they are not seeing expected attrition. June 26,200 1 Carlsbad City Council Meeting Page 16 Mr. Merkel said that an agenda item is currently in the works, to give Council additional information. Ron Bail, City Attorney, explained that the introduction of Ordinance No. NS-596 (regarding this issue) would be presented to Council on July 10, and that would be the appropriate time to present additional information to Council. He noted that it is clear in the ordinances that no person may anchor or fish in the posted areas. Council Member Kulchin said she supported the concept of an informational flyer and asked that staff provide additional information to Council regarding the algae. Mr. Merkel said that his firm is in the process of putting together additional information for Council, per staffs request. Council Member Finnila asked that the motion include direction for staff to attend the United States Fish and Wildlife Service and the Aquatic Nuisance Species Task Force Caulerpa Taxifolia Prevention Committee two-day workshop in San Diego on July 10 and 11, 2001 to advance Caulerpa Taxifolia prevention planning and implementation. ACTION: On a motion by Council Member Kulchin, Council adopted Urgency ORDINANCE NO. NS-595, amending Chapter 11.24 of the Carlsbad Municipal Code to Prohibit Fishing and Anchoring in Posted Areas of the Agua Hedionda Lagoon to Prevent the Spread of Destructive Algae; and, that a staff representative attend the. United States Fish and Wildlife Service and the Aquatic Nuisance Species Task Force Caulerpa Taxifolia Prevention Committee two-day workshop in San Diego on July 10 and 11, 2001 to advance Caulerpa Taxifolia prevention planning and implementation. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall None. 22. AB #16,259 - PROHIBITION OF FISHING AND ANCHORING IN POSTED AREAS OF THE AGUA HEDIONDA LAGOON TO PREVENT THE SPREAD OF DESTRUCTIVE ALGAE. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-596, Amending Chapter 11.24 of the Carlsbad Municipal Code to Prohibit Fishing and Anchoring in Posted Areas of the Agua Hedionda Lagoon to Prevent the spread of Destructive Algae. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. June 26,200 1 Carlsbad City Council Meeting Page 17 23. AB #16,260 - LIBRARY BOARD OF TRUSTEES APPOINTEES. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 195, Reappointing Karen Gleason Huss to the Library Board of Trustees. And, Council adopted RESOLUTION NO. 2001-196, Reappointing William Kamenjarian to the Library Board of Trustees. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. COUNCIL REPORTS AND COMMENTS: None CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT By proper motion, the Regular Meeting of June 26, 2001 was adjourned at IO:26 p.m. bmitted, Janice Breitenfeld Deputy City Clerk