HomeMy WebLinkAbout2003-05-13; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: MAY 13,2003
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular 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 Deputy City Clerk, as follows:
Present:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila, Minutes of the following meetings were
unanimously approved as presented, with the following change: On Page 6, Line 3 of
the Minutes of the Regular Meeting held April 22, 2003, the word “permanent” will be
added in between ‘I.. . until’ and “access.. .”.
Minutes of the Special Meeting held April 22, 2003
Minutes of the Regular Meeting held April 22, 2003
PRESENTATIONS:
Mayor Lewis presented a proclamation to Lloyd Hubbs, Director of Public Works,
declaring the week of May 18-24, 2003 “Public Works Week”. Mr. Hubbs introduced
Ann McClain, Management Assistant, who announced that the Public Works Fair would
be held on May 21, 2003, from 9:00 a.m. to 2:OO p.m. at the Dove Library.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Item #I, as follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
May 13,2003 CARLSBAD CITY COUNCIL
CONSENT CALENDAR (CONTINUED)
Page 2
1. AB #17,166 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC
SIGNAL AT CANNON ROAD AND CAR COUNTRY DRIVE-PROJECT NO. 3906-1
Council adopted RESOLUTION NO. 2003-1 24, approving plans and
specifications and authorizing the City Clerk to advertise for bids for the
construction of the Cannon Road and Car Country Drive traffic signal.
INTRODUCTION OF ORDINANCE:
2. AB #17,167 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE SECTIONS
17.04.030 AND 18.04.260 TO BE CONSISTENT WITH STATE LAW.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-660, amending Sections 17.04.030 and
18.04.260 of the Carlsbad Municipal Code pertaining to automatic
fi re-exting u is hi ng sys tems .
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
PUBLIC COMMENTS:
Erik Slaven, Western Pavement Maintenance Association, Los Angeles, California,
submitted a flyer (on file in the City Clerk’s Office) and spoke of the benefits of using
Asphalt-Rubber Cape on city streets.
DEPARTMENTAL AND CITY MANAGER REPORTS:
3. AB #17,168 -AMENDMENT TO THE INTERIM MANAGEMENT PLAN FOR AGUA
HEDIONDA LAGOON.
Eric Munoz, Senior Planner, and Bob Hoffman, National Marine Fisheries Service (lead
Federal agency), presented the staff report and made a Power Point presentation (on
file in the City Clerk’s Office).
Mr. Munoz referred to Page 8 of the Interim Management Plan to Facilitate the Agua
Hedionda Lagoon Caulerpa Taxifolia Eradication Program. He said that I‘. ..the inner
basin of ...” would be added in the first paragraph of “Extension of Fishing and Anchoring
Prohibition” in between, “...at the east end of ...” and “The Lagoon (Zone 6) ...’I.
In response to Council, Mr. Hoffman said that staff plans on returning to Council by the
end of summer with an estimated date of full eradication of Caulerpa Taxifolia in the
Agua Hedionda Lagoon.
In response to Council, Mr. Munoz explained that there is a continuing effort to obtain
funds and grants to finance the eradication. Mr. Munoz estimated that the current fund
balance would cover eradication expenses through 2004. Mr. Munoz explained that the
Government Code regulates the length of boats used in Agua Hedionda Lagoon and
May 13,2003 CARLSBAD CITY COUNCIL Page 3
that the Caulerpa Taxifolia eradication efforts have not required the modification of the
Government Code.
In response to Council, Mr. Hoffman said that if Caulerpa Taxifolia is found during the
survey, the affected area will be identified, tarped and treated in the usual manner and
the survey will continue. Mr. Hoffman said that ecological and cost issues of removing
the tarps would be addressed upon full eradication of Caulerpa Taxifolia.
Ann Russ, 2403 Torrejon Place, said it is premature to reopen any part of the lagoon
until full eradication of Caulerpa Taxifolia in Agua Hedionda Lagoon has been declared.
Ken Bricker, 5225 Frost Avenue, President of the Agua Hedionda Lagoon Foundation,
spoke in support of staffs recommendation to adopt the changes to the Agua Hedionda
Lagoon Interim Management Plan as recommended by the Southern California
Caulerpa Action Team.
Council spoke in support of staffs recommendation.
Ron Ball, City Attorney, said that in order to reflect Council’s intention, the last paragraph
of Resolution No. 2003-125 should be amended to read as follows:
“NOW, THEREFORE, the City Council of the City of Carlsbad hereby
approves the changes to the Interim Management Plan, attached
hereto as Exhibit “A as amended to clarify the “Extension of Fishing
and Anchoring Prohibitions” on page 3 applies to the inner basin of the
Lagoon (Zone 6).”
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-1 25, approving amendment Agua
Hedionda Lagoon Interim Management Plan; and,
That “...the inner basin of ...” be added to the first paragraph of
“Extension of Fishing and Anchoring Prohibition” in between, ‘I.. .at
the east end of ...” and “The Lagoon (Zone 6) ...’I, per Mr. Munoz;
and,
That the last paragraph of Resolution No. 2003-125 be amended to
read as follows:
“NOW, THEREFORE, the City Council of the City of Carlsbad
hereby approves the changes to the Interim Management Plan,
attached hereto as Exhibit “A” as amended to clarify the “Extension
of Fishing and Anchoring Prohibitions” on page 3 applies to the
inner basin of the Lagoon (Zone 6).”
AYES:
NOES:
Lewis, Finnila, Kulchin, Hall and Packard.
None.
May 13,2003 CARLSBAD CITY COUNCIL Page 4
4. AB #17,169 - REQUEST TO GIVE A PRESENTATION BY THE ALTAMIRA HOME
OWNERS ASSOCIATION II.
Guy Weddington McCreary, 906 “I” Camino Madrigal, spoke of the need for a tree and
view ordinance. He explained that the City of Del Mar had just adopted a similar
ordinance. In response to Council, he said that if the two sides of the issue can not
reach an agreement, then the issue is litigated.
Council Member Hall noted that the issue of trees blocking views has been a concern of
Altamira Home Owners’ Association for many years. He asked if the issue were ever
litigated.
Mr. McCreary said that litigation had been pursued regarding the tree and view issues.
However, the Altamira Home Owners’ Association II was not successful.
In response to Mayor Lewis, Mr. McCreary said he purchased his home because of the
view. He said that he did not take into consideration that over time the trees from the
development next door would grow to block his view.
Chris Daly, 903-D Caminito Madrigal, Member of the Tree and View Committee for
Altamira Home Owners’ Association II, asked Council to adopt a city-wide tree and view
ordinance, similar to that adopted by the City of Del Mar. She explained that people in
Carlsbad need to be encouraged to plant slow growing trees and space the plantings
appropriately. Ms. Daly suggested that questions be placed on the City Wide survey to
determine if residents feel that trees and views are important.
Mayor Lewis explained that a citizens’ committee had been established and contributed
many hours into creating the Street Tree Policy, which was adopted by Council. Mayor
Lewis said that the community has been very sensitive to the need for trees.
Ms. Daley explained that an entire new group of citizens are moving into Carlsbad and
they are more concerned with view preservation than with planting and maintaining
trees.
Marcia Ross, 901-E Caminito Madrigal, said she is on the Tree and View Committee for
Altamira Home Owners’ Association II. She said that many original homeowners still live
in Altamira II and originally had views of the ocean and lagoon. She displayed
photographs to illustrate that views have diminished over time due to the tree growth in
the adjacent development. Ms. Ross expressed concern that the trees within the
adjacent development are not maintained.
Richard Eckfield, 908-J Caminito Madrigal, President of Altamira Home Owners’
Association II, said he is a former city manager and is currently a teacher at Carlsbad
High School. He said that the City of Del Mar has had a high percentage of compliance
to their View Ordinance. Mr. Eckfield spoke of the need for a tree and view ordinance in
the City of Carlsbad. He noted that the trees planted in the adjacent development to his
home are on private property but not maintained. Mr. Eckfield said that as a
representative of the Altamira Home Owners’ Association II, he met with the adjacent
development’s Board of Directors and offered to pay for the maintenance of the trees;
May 13,2003 CARLSBAD CITY COUNCIL Page 5
however, the request was denied. In response to Council, Mr. Eckfield described the
View Ordinance adopted by the City of Del Mar and said that it uses non-binding
arbitration.
Kip McBane, 2691 Crest Drive, said that a tree and view ordinance is not needed
because other mechanisms exist to address the same issues. He explained that there is
a conflict between two homeowners’ associations and Mr. McBane said it is
inappropriate for Council to legislate a solution.
Mayor Pro Tem Finnila said that Council adopted the Street Tree Policy and the
Community Forest Management Plan. She described the community involvement in the
development of each document. Mayor Pro Tem Finnila explained that the City only has
jurisdiction over public lands and expressed concern that a tree and view ordinance
would not treat everyone fairly. She read part of an e-mail received from Crystal
Crawford, Council Member for the City of Del Mar outlining that City’s view ordinance (on
file in the City Clerk’s Office). Mayor Pro Tem Finnila said she would not support a tree
and view ordinance for the City of Carlsbad.
Council Member Packard concurred with Mayor Pro Tem Finnila’s comments.
Council Member Kulchin noted that this particular issue is between two homeowners
associations and should be addressed through their CC&R’s. Council Member Kulchin
said it would be inappropriate for Council to serve as a mediator of a tree and view
ordinance. She expressed concern that litigating unresolved issues could be expensive.
Council Member Hall described the city staff and community volunteer effort made to
create the Street Tree Policy. He said that creating a tree and view ordinance would
reverse the Street Tree Policy and Council Member Hall said he would not support such
action.
Mayor Lewis said he concurred with Council’s comments.
Council took no action.
Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:24 p.m. with all
Council Members present.
5. AB #17,170 - REQUEST TO GIVE A PRESENTATION BY THE SAN PACIFIC0
HOME OWNERS ASSOCIATION.
Dale Ordas, Alternative Dispute Resolution Services, 300 Carlsbad Village Drive, Suite
108A, PMB 203, Carlsbad, representing San Pacific0 Home Owners’ Association, made
a Power Point presentation (not on file in the City Clerk’s Office) requesting stop signs at
certain locations on Avenida Encinas.
In response to Council, Bob Johnson, Deputy City Engineer, explained that requests for
stop signs are submitted to the Traffic Safety Commission who then forwards a
May 13,2003 CARLSBAD CITY COUNCIL Page 6
recommendation to Council. Mr. Johnson explained the procedure to have a stop sign
installed.
Mike Sevahar, a member of the San Pacifico Home Owners’ Association, 7442 Sundial,
reviewed correspondence from staff dated August 28, 2001 (on file in the City Clerk’s
Office) stating that pedestrian symbol signs would be installed on Avenida Encinas. Mr.
Sevahar said that the San Pacifico Home Owners’ Association would like to have stop
signs installed at this location as well as other locations on Avenida Encinas.
In response to Council, Ray Patchett, City Manager, said that the San Pacifico Home
Owners’ Association had submitted a request to make a presentation to Council
regarding this issue. Per Council’s policy, the issue was placed on tonight’s agenda.
Mr. Ordas explained that conditions have changed since the pedestrian symbol signs
were installed on Avenida Encinas and expressed concern for pedestrian and vehicular
traffic. He asked that the request for stop signs be reconsidered.
Council requested that correspondence be sent to Mr. Johnson clearly identifying the
specific locations where stop signs are desired. Mr. Johnson said staff would conduct
the appropriate studies and forward the request for stop signs to the Traffic Safety
Commission. Council concurred.
6. AB #17,149 - PARKS AND RECREATION COMMISSION APPOINTMENT.
Council concurred to continue this item to May 20, 2003.
COUNCIL REPORTS AND COMMENTS:
Council Member Packard presented an update regarding the League of California Cities
meeting he recently attended.
Council Member Packard said he attended the Festejando de las Madrecitas Event in
Holiday Park on Sunday, May 11 , 2003.
Council Member Hall said that in an effort to be pro-active in the prevention of the West
Nile Virus, Buena Vista Lagoon was sprayed for mosquitoes on Thursday, May 8, 2003.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of May 13, 2003, was adjourned at 855 p.m.
VANICE BREITENFEI~D, CMC
DEPUTY CITY CLERK