HomeMy WebLinkAbout2001-07-10; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: JULY IO, 2001
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:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
ANNOUNCED CLOSED SESSION ACTION:
1. GOVERNMENT CODE SECTION 54956.9(a) - To discuss settlement of City v.
Bohn, et al., Case No. GIN010578.
Mayor Lewis announced that the City Council met with the City Attorney in Closed
Session to discuss settlement of the civil lawsuit brought by the City of Carlsbad to
recover damages for the unauthorized cutting and removal of trees in La Costa Canyon
Park. The City Council voted unanimously to accept settlement offers totaling
approximately $170,000, which will be earmarked for the park.
As part of the settlement, the City has agreed to cooperate in efforts to obtain a civil
compromise of the criminal case. The final decision regarding the civil compromise will
be made by the District Attorney’s Office. If a civil compromise is obtained, it will result
in the dismissal of the criminal case.
APPROVAL OF MINUTES:
On a motion by Council Member Kulchin, Minutes of the following meetings were
unanimously approved as presented, with Council Member Finnila abstaining from
approval of meetings of June 5 due to her absence:
Minutes of the Special Meeting held June 5, 2001.
Minutes of the Regular Meeting held June 5, 2001.
Minutes of the Special Meeting held June 19, 2001.
Minutes of the Regular Meeting held June 19, 2001.
Minutes of the Joint Meeting Special Meeting held June 19, 2001.
Minutes of the Council Study Session held June 20, 2001.
July lo,2001 Carlsbad City Council Meeting Page 2
PRESENTATION:
City of Carlsbad Postmaster Kristy Kremer and Carlsbad City Employee Marie Koo,
Mail Clerk/Messenger, presented the U.S. Postal Service Pro Cycling Team Flag for the
Tour de France to the City Council. Marie Koo recently won it at an event and said she
would like to donate it to the City.
CONSENT CALENDAR:
Ron Ball, City Attorney, asked that Item 10 be removed for discussion. Council
concurred.
ACTION: On a motion by Council Member Kulchin, Council affirmed the
action of the Consent Calendar, Items #I through #9, as follows:
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall.
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.
1. AB #16,261 -APPROVAL OF AN AGREEMENT FOR DEVELOPMENT OF AN
ENERGY ACTION PLAN.
Council adopted RESOLUTION NO. 2001-197, approving the Rebuild America
Partnership Agreement with the U.S. Department of Energy Rebuild America
representative and the San Diego Regional Energy Office, to assist with the
development and implementation of an energy action plan.
2. AB #16,262 -APPROVAL OF THE ENCINA WASTEWATER BUDGETS.
Council adopted RESOLUTION NO. 2001-198, approving the Encina
Wastewater Authority FY 2002 Operating Budget; and
Council adopted RESOLUTION NO. 2001-199, approving the Encina
Wastewater Authority FY 2002 Capital Budget.
3. AB #16,269 -APPROVAL OF A REIMBURSEMENT AGREEMENT FOR THE
CONSTRUCTION OF A TRAFFIC SIGNAL AT THE PALOMAR AIRPORT ROAD
AND HIDDEN VALLEY ROAD INTERSECTION - PROJECT NO. 35891.
Council adopted RESOLUTION NO. 2001-203, authorizing reimbursement to
Shea Homes, Inc. and GVP Consultants for construction of a traffic signal at the
Palomar Airport Road and Hidden Valley Road intersection.
July lo,2001 Carlsbad City Council Meeting Page 3
4.
5.
6.
7.
8.
9.
AB #16,270 -APPROVAL OF RETENTION OF LAW FIRM OF BURKE, WILLIAMS
AND SORENSEN TO SERVE AS SPECIAL COUNSEL FOR
TELECOMMUNICATIONS ISSUES.
Council adopted RESOLUTION NO. 2001-204, authorizing the retention of the
law firm of Burke, Williams and Sorensen as special counsel for
telecommunications issues.
AB #16,273 -APPROVAL OF AN INTERIM COASTAL SAGE SCRUB TAKE
PERMIT - CANNON ROAD WEST REACH 2 - PROJECT NO. 3184.
Council adopted RESOLUTION NO. 2001-205, approving an Interim Coastal
Sage Scrub Take Permit for Cannon Road West Reach 2 and subtracting 1 .I3
acres from the city’s 5% allocation.
AB #16,274 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2001-206, accepting a donation from an
anonymous donor for the purchase of a video projector for the auditorium at the
Senior Center.
AB #16,278 - RENEWAL OF EXCESS WORKERS’ COMPENSATION BENEFITS.
Council adopted RESOLUTION NO. 2001-210, authorizing the renewal of the
city’s Excess Workers’ Compensation Insurance.
AB #16,276 -ZONE 19 COMMUNITY PARK DESIGN AGREEMENT - CITY
PROJECT NO. 36991.
Council adopted RESOLUTION NO. 2001-208, approving a design agreement
with P & D Consultants for the design of the Zone 19 Community Park.
AB #16,275 -APPROVAL OF REQUEST TO BEGIN WORK ON POINSETTIA
LANE EAST ASSESSMENT DISTRICT AND APPROVE A
DEPOSIT/REIMBURSEMENT AGREEMENT.
Council adopted RESOLUTION NO. 2001-207, approving a
Deposit/Reimbursement Agreement and directing staff to begin work on the
establishment of the Poinsettia Lane East Assessment District.
DISCUSSION OF CONSENT CALENDAR ITEM:
lO.AB #16,277 - CANNON COURT - CUP 99-30.
Ron Ball, City Attorney, said his office received correspondence today from Mr. Rouse
regarding a request to change the wording of the resolution as to the timing of
construction of the infrastructure improvements. Mr. Ball said he has reviewed the
proposed wording with Planning Staff. Mr. Ball said he is prepared to make a
recommendation at this time.
July lo,2001 Carlsbad City Council Meeting Page 4
Ron Rouse, 11988 El Camino Real, Suite 200, San Diego, distributed and reviewed his
suggested revised wording to Finding 2e, Page 3 of 4 of Resolution No. 2001-209 (on
file in the City Clerk’s Office).
Mayor Lewis said he wanted to make sure this revised wording is what was previously
discussed. Mr. Ball said the proposed language would result in no certificate of
occupancy being issued until the construction of all infrastructure improvements has
been done simultaneously with the gas station.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2001-209, adopting a mitigated negative
declaration and conditionally approving a conditional use permit to
allow the development of a gas station, mini-mart, hotel, and two
restaurants on property generally located at the northwest corner of
Cannon Road and Interstate 5 in Local Facilities Management
Zone 3; and that Finding 2e on Page 5 of the resolution be
changed to read as follows:
2e. The improvements required by Condition No. 66 of the
Planning Commission Resolution No. 4978 shall be installed
and accepted pursuant to City standards to the satisfaction
of the City Engineer prior to the issuance of building permits
for the construction of the gas station/mini-mart.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
INTRODUCTION OF ORDINANCE:
11 .AB #16.271 - AMENDMENT OF TITLE 1.20 REPLACING “VICE-MAYOR” WITH
“MAYOR PRO TEM.”
ACTION: On a motion by Council Member Kulchin, Council introduced
ORDINANCE NO. NS-597 replacing remaining Municipal Code
References to “Vice-Mayor” with “Mayor Pro Tern”
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
July 10,200 1 Carlsbad City Council Meeting Page 5
ADOPTION OF ORDINANCES:
12. AB #16,263 - MCA 01-02 - UPDATE TITLE 19 OF THE CARLSBAD MUNICIPAL
CODE.
ACTION : On a motion by Council Member Kulchin, Council adopted
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.
13. AB #16,264 - SPEED LIMIT UPON ALICANTE ROAD FROM ALGA ROAD TO
CORTE DE LA VISTA.
ACTION: On a motion by Council Member Kulchin, Council adopted
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.
14. AB #16,265 - 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 adopted
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.
Mayor Lewis announced that the first speaker, Wayde Nichols, had called his office the
other day to voice his concerns regarding Lake Calavera. Mayor Lewis said he had
July 10,200l Carlsbad City Council Meeting Page 6
suggested that Mr. Nichols address Council during public comment so that staff could
be made aware of Mr. Nichols’ concerns.
Wayde Nichols, 902 South Sante Fe, Vista, owner of Boss Bait & Tackle, state that if
Lake Calavera is drained by the City to make repairs to the tower, many slow growing
fish will die. He said he has spoken to the Engineering Department and they have little
information regarding what will happen to preserve the fish in the lake. Mr. Nichols
submitted a petition from his Vista store of people who are concerned about the
preservation of the fish. Mr. Nichols volunteered to help preserve the fish.
Jan Giacinti, Former Executive Director of the Boys and Girls Club, 3115 Roosevelt,
expressed appreciation to everyone for their support over the years.
In response to Council, Lloyd Hubbs, Director of Public Works, said that staff is
currently performing feasibility studies on how to best repair the outlet structure on Lake
Calavera. In addition, environmental studies will be required. Mr. Hubbs said that
alternatives will be explored and recommendations will be presented to Council. He
noted that Lake Calavera is not a recreation lake and “no trespassing” signs have been
posted.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION
MEETING
Mayor Lewis adjourned the Regular Council Meeting to the Special Meeting of the
Housing and Redevelopment Commission at 6:27 p.m. with all Commissioners present.
ADJOURNMENT TO THE MUNICIPAL WATER DISTRICT MEETING
Chair Lewis adjourned the Special Meeting of the Housing and Redevelopment
Commission at 6:28 p.m. to the Special Meeting of the Municipal Water District with all
Board Members present.
CONTINUATION OF THE CITY COUNCIL MEETING
President Lewis adjourned the Special Meeting of the Municipal Water District at 6:29
p.m. to the continuation of the City Council Meeting with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
15. AB #I69266 - PLANNING COMMISSION REQUEST FOR SIGN ORDINANCE
PUBLIC WORKSHOP.
Gary Wayne, Assistant Planning Director, presented the staff report and a brief history
of this issue to explain why this issue is before Council. He spoke of the need for
additional workshops,
July 10, 2001 Carlsbad City Council Meeting Page 7
Extensive Council and staff discussion ensued regarding who should facilitate the
workshop or workshops (a committee or staff) and whether the topics should be limited
to unresolved issues. It was noted that time is of the essence and the workshop should
be held as soon as possible.
In response to Council, Mr. Wayne explained the timeline with other agencies, if
changes are made to the Local Coastal Planning Area.
Jan Sobel, Chief Executive Officer of the Chamber of Commerce, said that
communication between staff and the public needs to be improved. She said that real
estate and directional offsite signage are two issues that need to be resolved. Ms.
Sobel said she would like to see an appointed committee created to develop
recommendations to present to Council.
Diane Scheer, Executive Director of the Carlsbad Village Business Association, PO Box
1460, spoke of the need of a committee and a series of workshops to get input from the
business community and residents. She suggested that more than 9 people be on the
committee.
Doug Chartier, 2697 Wilson Street, concurred that more than 9 people on the
committee would be appropriate. He suggested that the sign ordinance only be applied
to certain corridors in Carlsbad, such as the l-5 corridor and the Palomar Airport Road
corridor.
In response to Council, Ray Patchett, City Manager, recommended that 15 people be
appointed to the committee. Mayor Lewis said that 9 people on the committee should
not have any economic interest in the sign ordinance (except their private residences).
Ron Ball, City Attorney, asked that the City Attorney be directed to return with the
documents to set up the committee. He noted that his office has provided a notebook
of the major constitutional cases on which staff relies and the notebook is available in
the City Clerk’s Office and at both libraries for the public’s review.
In response to Council, Mr. Patchett said staff would make a presentation at the
beginning of the workshop to clarify the confusing issues and then explain the actual
issues.
Mr. Ball said that his office would prepare the resolution, which would include
assignment and dates, and return to Council on July 24.
Mayor Lewis asked Council to be prepared to appoint two people from their respective
quadrants on July 24fh as well as representatives from the various business interests.
Council Member Finnila asked that staff make a presentation to the Committee
concerning the background of the sign ordinance and the details of the workshop to
date.
July lo,2001 Carlsbad City Council Meeting Page 8
16. AB #16,267 - PRESENTATION ON THE JOY OF SPORTS FOUNDATION.
Andrew Oser, Founder/President of the Joy of Sports Foundation, made a presentation
regarding their program and services offered to the community. He distributed a flyer
entitled, “Helping Youth Win Through Sports”.
Council accepted this report. No action was required or taken.
RECESS
Mayor Lewis declared a recess at 7:30 p.m. Council reconvened at 7:37 p.m. with all
members present.
17. AB #16,272 - PRESENTATION FROM SANDAG ON REGION 2020 GROWTH
PLAN.
Dennis Turner, Principal Planner, presented the staff report. He introduced Gary
Gallegos, Executive Director of SANDAG; Mike McLaughlin, Director of Planning and
Land Use at SANDAG; and Carolina Gregor, REGION 2020 Project Manager at
SANDAG.
The representatives from SANDAG announced that REGION2020 Summit is scheduled
for November, 2001 and will bring together efforts of local jurisdictions; civic, business
and community groups; and endorsements obtained throughout the process. They also
made a Power Point Presentation (on file in the City Clerk’s Office).
Mayor Lewis asked how other cities compare with Carlsbad and suggested that land in
the back country be used for housing. He expressed concern than clustering can cause
stress in a community, if people do not want to live on top of businesses or other
housing.
Mr. McLaughlin explained that other jurisdictions have the same issues as Carlsbad.
Regarding the backcountry, Mr. McLaughlin explained that the County is currently
working on their General Plan 2020 process. Mr. McLaughlin explained that SANDAG
is trying to offer choices to people regarding their housing needs.
Council Member Finnila spoke of the importance of having a balance of housing types
in the community.
Mr. Gallegos said that SANDAG is also looking at transportation corridors. He said that
NCTD has taken a bold step in adopting a double tracking policy and now parking
needs for those riding the train must be addressed.
July 10, 2001 Carlsbad City Council Meeting Page 9
In response to Council, Mr. McLaughlin said that high-end condominiums are making a
come back in the construction industry. He noted that a condo construction defect
workshop is scheduled in October at Balboa Park.
Mayor Lewis noted that 40% of the land in Carlsbad has been designated open space.
He expressed concern that Carlsbad not forfeit the extra dwelling units.
Council Member Finnila explained that citizens are concerned about how Carlsbad will
maintain all of the principals in the growth management plan and still participate in their
fair share of the REGION2020 strategy.
Michael Holzmiller, Director of Planning, explained that per Council’s previous direction,
staff is currently reviewing the extra dwelling units in Carlsbad and how they might
relate to the REGION2020 concept.
Council Member Kulchin expressed appreciation to everyone for their hard work and
dedication. She noted that the citizens of Carlsbad continue to express their concerns
about growth.
Council Member Hall concurred with Council Member Kulchin’s comments and said that
the community wants to have more open space.
(No action was required or taken at this time.)
18. AB #16,268 - SISTER CITY COMMITTEE APPOINTMENTS.
Mayor Lewis asked that this item be continued to allow for additional applications.
Council concurred.
COUNCIL REPORTS AND COMMENTS
Council Member Kulchin complemented Council Member Finnila and Council Member
Nygaard for suggesting that the REGEC airport issue to go a vote of the people.
Mayor Lewis wished “Happy Birthday” to Lorraine Wood, City Clerk, and Council
Member Finnila
CITY MANAGER COMMENTS: -None
July 10, 2001 Carlsbad City Council Meeting Page 10
CITY ATTORNEY COMMENTS: None
ADJOURNMENT
By proper motion, the Regular Meeting of July 10, 2001 was adjourned at 8:30 p.m.
Respectfully submitted,
Janice Breitenfeld
Deputy City Clerk