HomeMy WebLinkAbout2002-10-15; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: OCTOBER 15,2002
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 Assistant City Clerk, as follows:
Present: Lewis, Kulchin, Finnila, Nygaard and Hall.
Absent: None.
LEGISLATIVE INVOCATION:
Scott Anderson offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Nygaard led the Pledge of Allegiance.
PRESENTATIONS:
Julia Coat, President, Beach Cities Chapter of the National Federation of the Blind of California,
accepted a proclamation from Mayor Lewis declaring October 15, 2002, “White Cane Safety
Day”.
State Assembly Member Pat Bates presented Mayor Lewis with an Assembly Resolution in
honor of the City of Carlsbad’s 50th Anniversary Year.
CONSENT CALENDAR:
Item No. 3 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the
Consent Calendar, Items #I , 2, 4 and 5, as follows:
AYES: 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.
October 15,2002 Carlsbad City Council Meeting Page 2
1. AB #16,927- ACCEPTANCE OF DONATION OF MISCELLANEOUS EQUIPMENT FROM
JEMS MAGAZINE FOR USE BY THE CARLSBAD FIRE DEPARTMENT.
Council adopted RESOLUTION NO. 2002-300, accepting miscellaneous equipment from
the Journal of Emergency Medical Services (JEMS) Magazine, and their Publisher
James 0. Page, a Carlsbad resident.
2. AB #16,928 - PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM FOR
MANAGEMENT CLASSIFICATIONS - BASE PAY.
Council adopted RESOLUTION NO. 2002-301, establishing a Base Pay Increase Matrix
to provide for base pay increases for eligible management employees, based on
performance during the 2001 -02 fiscal year.
3. AB #16,929 -APPROVAL OF FINANCIAL ASSISTANCE AND OF THE CITY’S INTENTION
TO ISSUE MULTI-FAMILY HOUSING REVENUE BONDS FOR CONSTRUCTION OF THE
CALAVERA HILLS VILLAGE Y AFFORDABLE HOUSING PROJECT (SDP 01-05).
This item was pulled for discussion.
4. AB #16,930- CLASSIFICATION AND SALARY CHANGES IN MANAGEMENT.
Council adopted RESSOLUTION NO. 2002-304, revising the classifications and titles of
three management positions within the City and amending the Management Salary
Structure and Conflict of Interest Code.
5. AB #16,931- CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM HIGH
TECHNOLOGY GRANT
Council adopted RESOLUTION NO. 2002-305, accepting the California Law
Enforcement Equipment Program High technology Grant funds and appropriating the
funds to support various police department technology and equipment needs.
ITEM REMOVED FROM THE CONSENT CALENDAR:
3. AB #16,929 -APPROVAL OF FINANCIAL ASSISTANCE AND OF THE CITY’S INTENTION
TO ISSUE MULTI-FAMILY HOUSING REVENUE BONDS FOR CONSTRUCTION OF THE
CALAVERA HILLS VILLAGE Y AFFORDABLE HOUSING PROJECT (SDP 01-05).
Wally Dieckmann, 215 South Highway 101, Suite 200, Solana Beach, Chief Financial Officer of
Chelsea Investment Corporation, said his company is the developer of the 106 affordable
apartment units within the Calavera Hills Master Plan Village Y and spoke in support of the
project. Mr. Dieckmann described his company’s experience in developing and maintaining
affordable housing projects. In response to Mayor Pro Tem Kulchin, Mr. Dieckmann said
anyone with questions regarding the project can reach him at 858-259-2624, Extension 103 and
Jim Schmid, President of Chelsea Investment Corporation, at Extension 104.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2002-302, Approving a Request to Provide Financial Assistance to
Chelsea Investment Corporation Which Includes a Loan of $1,060,000
from the Housing Trust Fund and to Approve the Related Loan Documents
October 15,2002 Carlsbad City Council Meeting Page 3
for Construction of One Hundred Six (1 06) Affordable Apartment Units
within the Calavera Hills Master Plan Phase II; and,
Council adopted RESOLUTION NO. 2002-303, Approving the Issuance of
Tax-Exempt Obligations and Directing Certain Actions and Authorizing the
Finance Director, or Designee, to Hold the Developer’s Bond Allocation
Application Deposit in the Amount Not to Exceed One Hundred Thousand
Dollars ($100,000), and then to release the deposit following City Receipt of
a Written Notification From the California Debt Limit Allocation Committee
(CDLAC) Authorizing Release or Forfeiture of the Deposit, in whole or in
part, pursuant to CDLAC Procedures.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
ORDINANCES FOR ADOPTION:
4. AB #16,932- THE CARLSBAD OAKS NORTH SPECIFIC PLAN -(SP 21 1/ZC 97-05)
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-645, Amending Section 21.05.030 of the Carlsbad Municipal Code
by an Amendment to the Zoning Map to Grant a Zone Change from P-C to
P-M and 0-S on Property Generally located North of Palomar Airport Road
Between El Camino Real and the City’s Eastern Boundary in Local
Facilities Management Zone 16; and,
Council adopted ORDINANCE NO. NS-646, Approving Specific Plan 21 1
on Property Generally Located North of Palomar Airport Road Between El
Camino Real and the City’s Eastern Boundary in Local Facilities
Management Zone 16; and,
Council adopted ORDINANCE NO. NS-647; Amending Specific Plan
200(A) to Delete Area B From its Boundaries.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
PUBLIC COMMENTS:
Jeff Seymour, 234 Date Avenue, said he is renting an approximately one-acre parcel, zoned
R-3 on which he keeps his horse, with the property owner’s approval. Mr. Seymour asked
Council to consider granting a Conditional Use Permit (CUP) or amending the city code to allow
him to keep his horse on the property that is not zoned for horses.
Thomas Armstrong, PO Box 460724, Escondido, read his written comments into the record (on
file in the City Clerk’s Office) stating the he would appeal the court‘s decision regarding the
lawsuit Mr. Armstrong has filed against the City of Carlsbad.
October 15,2002 Carlsbad City Council Meeting Page 4
In response to Council, Ron Ball, City Attorney, presented a brief update on the application for a
CUP on property located at 3016 Highland Drive, which has been to Planning Commission for
review, and also the code violation complaint file on the same property.
Michele Levy, 3021 Highland Drive, expressed concern for two code violations occurring at two
different locations on her street, where she believes businesses are operating.
ADJOURNMENT TO THE JOINT MEETING OF THE CITY OF CARLSBAD/ CARLSBAD
MUNICIPAL WATER DISTRICT/REDEVELOPMENT COMMISSION
Mayor Lewis adjourned the City Council meeting at 6:32 p.m. to the Joint Meeting of the City of
Carlsbad/Carlsbad Municipal Water DistrictIRedevelopment Commission Meeting. All members
were present.
RECONVENE COUNCIL MEETING
MayodPresidenVChair Lewis adjourned the Joint Meeting of the City of Carlsbad/Carlsbad
Municipal Water DistricVRedevelopment Commission Meeting at 6:39 p.m. and reconvened the
Council Meeting with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #16,925 - REVISION OF PRIMA FACIE SPEED LIMIT UPON A PORTION OF
AVENIDA ENCINAS.
Bob Johnson, Deputy City Engineer, presented the staff report.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE
NO. NS-648, Amending Title IO, Chapter 10.44, of the Carlsbad Municipal
Code by the Amendment of Section 10.44.280 to Establish a Prima Facie
40 Mile Per Hour Speed Limit upon Avenida Encinas From a Point 3,500
Feet Southerly of Palomar Airport Road to its Intersection with Palomar
Airport Road.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
9. AB #16,933 - REVISION OF PRIMA FACIE SPEED LIMIT UPON A PORTION OF
CHESTNUT AVENUE.
Bob Johnson, Deputy City Engineer, presented the staff report.
In response to Council Member Finnila, Mr. Johnson explained that even though Chestnut
Avenue from El Camino Real to Sierra Morena Avenue is a residential area, it is not a residence
district, per the California Vehicle Code.
October 15,2002 Carlsbad City Council Meeting Page 5
In response to Mayor Pro Tem Kulchin, Mr. Johnson explained that the proposed decrease in
speed from 55 miles per hour to 30 miles per hour can be enforced by radar and would be
defensible in a court of law.
Regina Porter, 2530 Chestnut Avenue, spoke in support of the speed reduction. She described
the dangerous curve near her home and expressed concern that vehicles could end up in her
yard or her neighbors’ yard. She also expressed concern about the dangerous situations
created by the speeding high school drivers. Ms. Porter suggested that a lower speed limit be
assigned to the curve on Chestnut.
Don Christianson, 3715 Long View Drive, distributed and reviewed photographs of Chestnut
Avenue and noted the number of driveways (on file in the City Clerk’s Office). He suggested
that the speed limit be reduced to 20 miles per hour along the entire length of Chestnut Avenue,
changing the color of signs or putting a stop sign or speed bump at the intersection of Chestnut
and Trieste.
Mayor Lewis explained that a speed limit less than 30 miles per hour on Chestnut Avenue
would not be enforceable with radar.
Council Member Finnila noted that the photograph submitted by Mr. Christianson shows a
speed limit sign of 20 miles per hour around the curve. Mr. Johnson explained that the
proposed 30 mile per hour speed limit would occur before and after the curve as shown in the
photograph.
In response to Council Member Hall, Mr. Johnson explained how and where the speed survey
was done on Chestnut Avenue from El Camino Real to Sierra Morena Avenue. In response to
Council Member Nygaard, Mr. Johnson said that the 20-mile per hour sign could be removed.
He noted that the new color for speed signs is green.
In response to Council Member Finnila, Mr. Johnson said that Trieste Avenue has been
functioning adequately and there have been no reported traffic collisions.
In response to Council Member Nygaard, Police Lieutenant Shipley explained that whenever a
speed limit is changed, the police officers issue warnings to educate the public of the new
speed limit.
Mr. Johnson explained how a business district is determined for speed limit issues.
After discussion, Council concurred that the 20-mile per hour advisory speed limit sign should
remain in place. However, Council concurred to direct staff to investigate the possibility of
installing the new green speed limit signs and requested that the speed indicator trailer be
posted whenever possible. Council spoke of the need to follow state law in setting speed limits
within the city.
October 15,2002 Carlsbad City Council Meeting Page 6
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE
NO. NS-649, Amending Title IO, Chapter 10.44, of the Carlsbad Municipal
Code by the Revision of Section 10.44.040 to Establish a Prima Facie 30
Mile Per Hour Speed Limit upon Chestnut Avenue from El Camino Real to
its Intersection with Sierra Morena Avenue.
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
RECESS AND RECONVENE:
Mayor Lewis declared a recess at 7:25 p.m. Council reconvened at 7:30 p.m. with all members
present except Council Member Finnila.
DEPARTMENTAL AND CITY MANAGER REPORT: (Continued)
IO. AB #16,934 -AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN
REAL PROPERTY INTERESTS FOR THE CANNON ROAD EXTENSION PROJECT -
CT 00-02
David Hauser, Deputy City Engineer, presented the staff report and made a Power Point
Presentation (on file in the City Clerk’s Office). Mr. Hauser requested that the meeting minutes,
resolutions, testimony taken at the two public hearings held by the Planning Commission and
City Council, and the EIR document be incorporated into the record by reference.
Mr. Hauser said that the Cannon Road Extension Project is part of the General Plan Circulation
Element Road and has been included in the General Plan since the adoption of the first
General Plan. He said the project is also a regionally significant arterial and recognized by
SANDAG. Mr. Hauser said this project would have significant benefits to the traffic circulation
patterns on Highway 78 and El Camino Real.
Mr. Hauser explained that the Cannon Road extension is needed in order to open the College
Boulevard roadway into Oceanside. Mr. Hauser explained that one of the reasons that College
Boulevard into Oceanside is closed is because the Carlsbad Growth Management Ordinance
requires that the all of the roads be in place to ensure that the level of service on the circulation
roads does not decrease. He said opening the College Boulevard connection into Oceanside
would create a level of service failure at the TamaracWEl Camino Real intersection. Mr. Hauser
said the preferred solution to the service failure is to extend College Boulevard to Cannon Road
and Cannon Road to El Camino Real.
Mr. Hauser discussed the future traffic projections. He said that almost immediately upon
opening of road, there would be an approximate average of 14,000 vehicles per day. Upon
build-out, the traffic on this segment of Cannon Road would be an average of 21,000 vehicles
per day.
October 15,2002 Carlsbad City Council Meeting Page 7
Mayor Lewis said he recalled that when Parkway Nursery, Inc. was relocated to its current
location, discussions were held that Cannon Road would be a major arterial into Oceanside in
the future. Council Member Hall concurred with the comment.
David Bright, Esq., White and Bright, Attorneys at Law, 970 Canterbury Place, Escondido, CA
92025, legal representative of Parkway Nursery, Inc., said that he did not have any information
that the President of Parkway Nursery, Inc. was aware of Carlsbad’s circulation plan. Mr. Bright
reviewed correspondence dated October 15, 2002, previously submitted to Council and on file
in the City Clerk’s Office. Mr. Bright asked that his correspondence dated October 15, 2002
become part of the record. Mr. Bright stated objections to the widening of El Camino Real and
extension of Cannon Road, and spoke of the hardship that will be placed upon the nursery, if
they are required to relocate. He said that the owner of the nursery is concerned that enough
time be allowed to correctly move the trees and other plant life.
Mayor Lewis said that the completion of Cannon Road for use as a major arterial has been
planned for many years.
ACTION:
AYES:
NOES:
ABSENT:
On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2002-306, authorizing and directing the condemnation of certain real
property interests in the City of Carlsbad, State of California, for the
Cannon Road extension project and declaring the public necessity thereof;
and,
That the meeting minutes, resolutions, testimony taken at the two public
hearings held by the Planning Commission and City Council, and the EIR
document be incorporated into the record, by reference, per the request of
David Hauser, Deputy City Engineer.
Lewis, Kulchin, Nygaard and Hall,
None.
Finnila.
1 I. AB #16,935 -AMEND CARLSBAD MUNICIPAL CODE REGARDING COMMERCIAL
VEHICLE PARKING IN RESIDENTIAL DISTRICTS AND NON-RESIDENTIAL AREAS.
Bob Johnson, Deputy City Engineer, presented the staff report. He noted that Council first
discussed this agenda item at their September 24, 2002 meeting. At that meeting, Council
requested staff investigate whether tow trucks could be exempt from the ordinance regarding
commercial vehicle parking in residential districts and non-residential areas. Mr. Johnson
reported that State law does not allow a vehicle class exemption in the ordinance.
Staff said if a vehicle is over 10,000 gross vehicle weight and used for commercial purposes,
the vehicle would be regulated by the proposed ordinance, even if the vehicle were single rear
wheel.
Mr. Johnson said that the Police Chief did indicate that if complaints are received regarding the
parking of tow trucks in residential areas, the City could facilitate identifying city-owned property
on which to park the tow trucks.
October 15,2002 Carlsbad City Council Meeting Page 8
ACTION ,: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE
NO. NS-650, amending Title IO, Chapter 10.40, of the Carlsbad Municipal
Code regarding commercial vehicle parking in residential districts and non-
residential areas.
AYES: Lewis, Kulchin, Nygaard and Hall,
NOES: None.
ABSENT: Finnila.
12. AB #16,936 -TRAFFIC SAFETY COMMISSION APPOINTMENT
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2002-307, appointing Gordon Cress to the Carlsbad Traffic Safety
Commission.
AYES: Lewis, Kulchin, Nygaard and Hall,
NOES: None.
ABSENT: Finnila.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be
participating in the following events:
Sunday, October 20,2002 - 1O:OO a.m.
Carlsbad Arts Associates Plein Air Brunch
Carlsbad City Library
1775 Dove Lane
Carlsbad, California
Monday, October 21,2002 - 7:30 a.m.
Red Ribbon Week Kick-Off Event
Carlsbad High School
3557 Monroe
Carlsbad, California
Tuesday, October 22, 2002 - 4:OO p.m.
Carlsbad Citizens of the Year Recognition Event
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, California
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
October 15,2002 Carlsbad City Council Meeting Page 9
ADJOURNMENT:
Mayor Lewis announced that the meeting is adjourned in memory of AI Lafluer, the first
Principal at Carlsbad High School.
By proper motion, the Regular Meeting of October 15, 2002, was adjourned at 754 p.m.
Assistant City Clerk
Janice Breitenfeld
Deputy City Clerk