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HomeMy WebLinkAbout2002-02-19; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 19,2002 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Kulchin, Finnila, Nygaard, and Hall, Absent: None. INVOCATION AND PLEDGE OF ALLEGIANCE: Mayor Lewis offered the invocation and Council Member Kulchin led the Pledge of Allegiance. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Wednesday, February 20,2002 - 11:OO a.m. Carlsbad City Council Study Session City of Carlsbad Faraday Center 1635 Faraday Avenue, Room 173A Carlsbad, California Wednesday, February 20,2002 - 530 p.m. Carlsbad City CouncillCarlsbad Unified School District Board of Trustees Joint Meeting Carlsbad Public Safety and Service Center, Conference Room 1 2560 Orion Way Carlsbad. California Friday, February 22,2002 - 1200 p.m. noon North County Transportation Issues Meeting SANDAG 401 B Street, Suite 800 San Diego, California Friday, March 1, 2002 - 7:OO p.m. Carlsbad Chamber of Commerce Annual Installation of Officers Event Four Seasons Resort Aviara 7100 Four Seasons Point Carlsbad, California Page 2 February 19.2002 CARLSBAD CITY COUNCIL CONSENT CALENDAR: Item No. 5 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #8, with the exception of Item #5, as follows: m: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. 2. 3. 4. 5. AB #16.556 AGREEMENT WITH NORTH COAST AQUATICS FOR USE OF THE COMMUNITY SWIM COMPLEX. Council adopted RESOLUTION NO. 2002-052, approving an agreement between the City of Carlsbad and North Coast Aquatics for use of the Community Swim Complex to conduct a competitive swimming program. AB #16.557 AGREEMENT WITH THE CITY OF VISTA FOR THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER. Council adopted RESOLUTION NO. 2002-053, approving an agreement between the City of Carlsbad and the City of Vista for the ownership, operation and maintenance of the VistalCarlsbad Interceptor Sewer and authorizing the Mayor to execute the agreement. AB #I6558 AGREEMENT WITH THE CITY OF VISTA FOR THE CONSTRUCTION OF THE VISTNCARLSBAD INTERCEPTOR SEWER, REACHES VC5B THROUGH VCIIA. Council adopted RESOLUTION NO. 2002-054, approving an agreement between the City of Carlsbad and the City of Vista for the construction of Reaches VC5B through VCllA of the VistalCarlsbad Interceptor Sewer and authorizing the Mayor to execute the agreement. AB #16.559 SUMMARY STREET VACATION -TIBURON UNIT 4. CT 90-03, STV 01-03. Council adopted RESOLUTION NO. 2002-055, to summarily vacate the following streets: Avenida Secreto, Avenida Aragon, Sitio Toledo, and Sitio Andalucia in Tiburon Unit 4, CT 90-03; and, directing the City Clerk to record the Resolution. AB #16.660 AWARD OF CONTRACT TO GARDNER POOL PLASTERING, INC. FOR POOL IMPROVEMENTS AT THE CARLSBAD SWIM COMPLEX. This item was pulled for discussion. 6. 7. 8. February 19,2002 CARLSBAD CITY COUNCIL AB #16,661 ACCEPTANCE OF CONCRETE BLOCK CONTAINMENT ENCLOSURE FOR AN EMERGENCY CHLORINE SCRUBBER SYSTEM AT THE CARLSBAD SWIM COMPLEX. Council adopted RESOLUTION NO. 2002-057, accepting the work in accordance with Contract No. FACOI-11 as complete, and directing the City Page 3 Clerk to have the Notice of Completion recorded and to release the-bonds as indicated. AB #16.662 ACCEPTANCE OF PROPOSAL AND AWARD OF AGREEMENT FOR SENIOR CENTER MEAL SERVICES. Council adopted RESOLUTION NO. 2002-058, accepting the proposal of, and awarding an agreement to, Foodserv Management, a division of Crystal Catering, for meal preparation services at the Carlsbad Senior Center. AB #16.663 AUTHORIZATION TO ADVERTISE FOR BIDS TO FURNISH AND INSTALL A SYNTHETIC TURF ATHLETIC FIELD AND ACCESS STAIRS. Council adopted RESOLUTION NO. 2002-059, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids to furnish and install synthetic turf athletic fields and access stairs at Poinsettia Park, and to install access stairs at Stagecoach Park - Contract No. PKS02-04. CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: 5. AB #16.660 AWARD OF CONTRACT TO GARDNER POOL PLASTERING, INC. FOR POOL IMPROVEMENTS AT THE CARLSBAD SWIM COMPLEX. In response to Council Member Finnila, Carl Pope, Aquatics Supervisor, presented the staff report. He said that Gardner Pool Plastering, Inc. has been in business for 12 years and that the plastering has a five year warrantee from the date of acceptance. Council Member Finnila noted the community’s sensitivity to the timing of these improvements. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 2002-056, accepting bids and authorizing the execution of Contract No. FACO2-12 to provide pool improvements at the Carlsbad Swim Complex. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ORDINANCE FOR ADOPTION: 9. AB # 16.667 ZC 00-1OlLCPA 00-13 - REDEEMER BY THE SEA. Council Member Nygaard said she would abstain from the vote on this agenda item due to her absence at the public hearing on February 12,2002. She said she had not reviewed the tape of the February 12, 2002 Council meeting. February 19,2002 CARLSBAD CITY COUNCIL Page 4 ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-619, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map and the Local Coastal Program Zoning Map to grant a Zone Change, ZC 00-10, from L-C to R-I on property generally located on the East side of Black Rail Road and South of Poinsettia Lane in Local Facilities Management Zone 20. AYES: Lewis, Kulchin, Finnila and Hall. NOES: None. ABSTAIN: Nygaard. PUBLIC COMMENTS: None. PUBLIC HEARINGS: IO. AB # 16,664 ZC 00-06/LCPA 00-08/CT OO-IS/CDP 00-53/HDP 00-10 - CARLSBAD PROMENADE. Van Lynch, Associate Planner, presented the staff report. In response to Council, he said that indication of the nearby airport would appear in the title report of each home. Extensive discussion ensued regarding the lack of two access points into the project and various methods that might be used to address this concern, including the use of the SDG&E access road for emergency access vehicles. Mr. Lynch explained that the open space will have a trail for public use. However, the open space is to be preserved as habitat. Council Member Finnila spoke of the need to educate the public, at the appropriate time, regarding accessibility to the open space. Bob Wojcik, Deputy City Engineer, explained the Fire Department's requirement regarding street width in the cul-de-sac. He said that staff tried to balance traffic calming and the Fire Department's needs. Mayor Lewis said he could support this project only if there are two access points. Mayor Lewis opened the duly notice public hearing at 6:27 p.m. and asked if anyone wished to speak on this matter in any way. Mr. J.R. Pearce, 4343 Von Karman Avenue, Newport Beach, (applicant), spoke in support of the project. He explained that based on environmental and other factors, they were unable to create two access points into the project. However, Mr. Pearce said they are open to Council's suggestions. Mr. Pearce said he would ask SDG&E for permission to use SDG&E access road for emergency access vehicles. Alan Rock, 661 1 Daylily Drive, said he is a member of the Board of Directors of Cherry Tree Walk, adjacent to the property. He said they support this project, but have a concern. He asked that the wall continue around the curb so that headlights do not disturb residents while they are in their homes. In response to Council Member Nygaard, Mr. Rock said that he felt shrubbery, instead of a wall, would be inadequate. February 19,2002 CARLSBAD CITY COUNCIL Page 5 Lydia Krak, 6609 Curlew Terrace, asked if landscaping, including trees, would be required on the extension from Poinsettia Avenue from Black Rail Road to Aviara. Seeing no one else wishing to speak, the Mayor closed the public hearing at 6:34 p.m. In response to Council, Mr. Lynch said that there is nothing to preclude the wall extension, as requested by Mr. Rock, except site provisions. Mr. Lynch recommended that the wall be 3.5 feet tall and that it be a private wall. Ray Patchett, City Manager, explained that the homeowners’ association should maintain landscaping in the new medians and along Aviara Parkway. Mr. Patchett described the City’s landscape standards for medians. -Mr. Wojcik explained that the medians along Poinsettia Avenue would be landscaped with ground cover. (See verbatim of this section, attachedper request of Deputy Public Works Director Bob Wojcik.) Council Member Hall said that if there will be two access points into the project, there the street should not be widened and sprinklers not required in every home. Mayor Lewis said he could support “right in” so that emergency vehicles can access the project. Mr. Wojcik noted that Lot 19 would have to be redesigned and he was not sure how that would impact Lot 18. He said the slope is approximately 25-30 feet high and Lots 18 and 19 might be lost due to the grading. Council Member Nygaard expressed concern that tire engines might not be able to climb the slope. However, Mr. Wojcik said the fire engines will be able ascend the slope and aggregate base will be placed on the street to address the weight of the vehicle. In response to Council, Ron Ball, City Attorney, recommended that the developer attempt to obtain access rights to the SDG&E access road. Mr. Ball said if the developer is unsuccessful, then the developer could request the City to acquire right to the access road. Council Member Nygaard spoke in support of the project having two access points, Council Member Finnila said she would like the developer to negotiate with SDG&E for access to the road. Council Member Finnila said if the developer is unsuccessful, then the City would attempt to acquire the road. She noted that the requested access would be for emergency vehicles only. Ron Ball, City Attorney, recommended that Council approve the project in concept and direct the City Attorney to create two conditions to Resolution No. 2002-060. The first condition would address the requirement for the subdivider to acquire and improve a secondary emergency access from the terminus of the proposed CUI de sac to the existing Poinsettia Lane. The second condition would require the subdivider to provide a low profile wall along the entryway to the subdivision at Aviara Parkway in order to shield the adjacent subdivision from vehicular noise and lights. Mr. Ball said upon Council direction, he could return on March 5 wlth the two conditions incorporated into th . February 19,2002 CARLSBAD CITY COUNCIL Page 6 Resolution No. 2002-060. Mr. Ball also recommended that Council introduce Ordinance No. NS-620 tonight. Mr. Ball said then Mr. Pearce would have an opportunity to negotiate with SDG&E for the road access between now and March 5th. In response to Council, Mr. Pearce said they would consider Mr. Rock's request for a 3- foot high wall. Council Member Hall spoke in support of the project and said he was not concerned about dual access points into the development. He noted that the project will be 32 homes and sprinklers will be installed in each home. Council Member Hall said he could support the project without conditions. Council Member Nygaard said she supports the project with the conditions. Council Member Finnila said she could support the project with the two conditions outlined above by Mr. Ball. Mayor Lewis spoke of the importance of the project having two access points. ACTION: On a motion by Council Member Kulchin, Council approved the project in concept and introduced ORDINANCE NO. 2002-620, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 00-06, from R-1-10,000-Q and L-C to R-1-7,500-Q on property generally located on the northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20; and That staff return on March 5, 2002 with an amended Resolution No. 2002- 060, incorporating the following two conditions. 1. A condition which would address the requirement for the subdivider to acquire and improve a secondary emergency access from the terminus of the proposed CUI de sac to the existing Poinsettia Lane. 2. A condition which would require the subdivider to provide a low profile wall along the entryway to the subdivision at Aviara Parkway in order to shield the adjacent subdivision from vehicular noise and lights; and, m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. RECESS: Mayor Lewis declared a recess at 658 p.m. Council reconvened at 7:Ol p.m. with all members present. February 19,2002 CARLSBAD CITY COUNCIL Page 7 PUBLIC HEARINGS (continued) 11. AB # 16,666 GPA O1-15/ZCA 01-08/LCPA 01-15 MCA 01-05/MCA OI-O6/MCA 02- 01 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER UPDATE. Rosanna Lacarra, Environmental Programs Manager, presented the staff report. Ms. Lacarra explained that staff is working with other cities to develop alternatives for community groups who wash cars for fund raising. She said that a voucher program could allow this type of activity to still occur, but in a different way. Ms. Lacarra said that an educational outreach campaign is planned for the community groups, the public, and schools. Ms. Lacarra said that businesses would be contacted through the business license process. Mayor Lewis opened the duly notice public hearing at 7:19 p.m. and asked if anyone wished to speak on this matter in any way. No one asked to speak, so the Mayor closed the public hearing at 7:19 p.m. Council concurred that this federal mandate is very expensive to implement and that there is little flexibility in the enforcement of violations. Council concurred that each person in the community needs to be sensitive in helping to prevent and reduce pollution. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-622, amending various sections of Chapters 21.203 and 21.205 of Title 21 of the Carlsbad Municipal Code to implement new stormwater protection requirements of the San Diego Regional Water Quality Control Board San Diego Municipal Stormwater Order No. 2001-01; and, Council introduced ORDINANCE NO. NS-623, amending various sections of Chapter 15.16 of the Carlsbad Municipal Code (Grading and Erosion Control Ordinance) to implement new stormwater protection requirements of the San Diego Regional Water Quality Control Board San Diego Municipal Stormwater Permit Order No. 2001-01; and, Council introduced ORDINANCE NO. NS-624, amending various sections of Chapter 15.12 of the Carlsbad Municipal Code (Stormwater Management and Discharge Control Ordinance) to implement new stormwater protection requirements of the San Diego Regional Water Quality Control Board San Diego Municipal Stormwater Permit (Order No. 2001-01); and, February 19,2002 CARLSBAD CITY COUNCIL Page 0 Council introduced ORDINANCE NO. NS-625, amending various sections of Chapter 10.40 of Title 10 (Vehicle and Traffic Ordinance) and Chapters 6.08, 6.12 and 6.16 of Title 6 (Health and Sanitation Ordinance) and Title 1 (General Provisions) Chapter 1.08.020 of the Carlsbad Municipal Code to implement new stormwater protection requirements of the San Diego Regional Water Quality Control Board San Diego Municipal Storm Water Permit (Order No. 2001-01); and, Council adopted RESOLUTION NO. 2002-061, approving a General Plan Amendment and a Local Coastal Program Amendment to implement new stormwater protection requirements of the San Diego Regional Water Quality Control Board San Diego Municipal Storm Water Permit (Order NO. 2001-01). m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ADJOURNMENT TO CARLSBAD HOUSING AND REDEVELOPMENT MEETING Mayor Lewis adjourned the Regular City Council Meeting at 7:26 p.m. to the Regular Meeting of the Housing and Redevelopment Commission with all Commissioners present. RECONVENE TO THE CITY COUNCIL MEETING Chair Lewis adjourned the Housing and Redevelopment Commission meeting at 7:35 p.m. and reconvened to the City Council Meeting with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 12. AB # 16,665 PRIMA FACIE SPEED LIMIT UPON BLACK RAIL ROAD. Bob Johnson, Deputy City Engineer, presented the staff report. In response to Council, he said that Black Rail Road is a collector road and will be 40 feet wide, curb to curb, upon completion of the street improvements. Mr. Johnson noted that no homes front Black Rail Road. He also said that a future traffic signal is planned for the intersection of Black Rail Road and Poinsettia Avenue. In response to Council, Mr. Johnson explained how staff arrived at their recommendation for a prima facie 40-mile per hour speed limit upon Black Rail Road, from Aviara Parkway to Sapphire Drive. Candace Lynn, 6575 Black Rail Road, said the speed limit upon Black Rail Road, from Aviara Parkway to Sapphire Drive, should be 35 miles per hour instead of 40 miles per hour. She said that there is cross traffic, a church school, and a preschool in the area and that a lower speed limit is needed. She also noted that parts of Black Rail Road do not have sidewalks for the children to walk upon on their way to and from school. Council Member Kulchin noted that if the speed limit upon Black Rail Road, from Aviara Parkway to Sapphire Drive, is set any lower than 40 miles per hour, the police will be unable to use radar as an enforcement tool. February 19,2002 CARLSBAD CITY COUNCIL Page 9 Mr. Johnson explained that as roadway conditions change, staff would reevaluate the situation. If it is appropriate to reduce the speed, staff would return to Council. Ray Patchett, City Manager, asked the neighbors to contact his office, if they would like to meet with staff to discuss speed limit issues. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-621, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.680 to establish a Prima Facie 40 mile per hour speed limit upon Black Rail Road from Aviara Parkway to its intersection with Sapphire Drive. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. COUNCIL REPORTS AND COMMENTS: Council Member Hall said last week he and Lloyd Hubbs, Public Works Director, attended a meeting in Oceanside regarding storm water issues. Council Member Nygaard said the new Breeze Service has been introduced at the North County Transit District. She distributed new bus service schedules to Council, Mayor Lewis said a Community Update would be presented on February 26,2002 on Adelphia Channel 3 at 7:OO p.m. CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ADJOURNMENT: By proper motion, the Regular Meeting of February 19, 2002, was adjourned at 7:49 p.m. Respectfully submitted, Janice Breitenfeld Deputy City Clerk VERBATIM: (See paragraph 5 of Page 5 of the February 19,2002 Carlsbad City Council Minutes) Mr. Wojcik: Typically, it's not in the City standards to have lush trees and shrubbery. Certainly, the median will have low-lying shrubs and trees within the tree wells interspersed. With the 2:l slopes not only on the project side, but on the opposite side of Poinsettia, those would also be landscaped. Typically, those do have some trees on them, some shrubbery and most groundcover. So, yes, there will be landscaping there. Whether it will meet what the lady has in mind, that we can't tell.