HomeMy WebLinkAbout2003-07-15; City Council; Minutes (2)MINUTES
MEETING OF :
DATE OF MEETING: July 15,2003
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 City Clerk, as follows:
Present:
Absent: None.
Lewis, Finnila, Kulchin, Hall, and Packard
LEGISLATIVE INVOCATION:
The invocation was offered by Pastor Stan Gold, of the First Baptist Church.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Mayor Pro-Tem Finnila.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila, Minutes of the following meetings were
unanimously approved as presented:
Minutes of the Regular Meeting held June IO, 2003.
Minutes of the Regular Meeting held June 17, 2003.
Minutes of the Joint Special Meeting held June 17, 2003.
Minutes of the Special Meeting held June 18, 2003.
PRESENTATIONS:
Mayor Lewis presented Proclamations and Carlsbad mementos to Jessie Ansari and
Benjamin Krause, the Valedictorian and Salutatorian of Carlsbad High School.
CONSENT CALENDAR:
Item No. 1 was removed from Consent Calendar at the request of the Library Director
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #2 through #I 0, as follows:
Lewis, Finnila, Kulchin, Hall and Packard.
None. (Packard - “No” on Item #2)
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB # 17,238 -ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
2. AB # 17,239 - AWARD OF CONTRACT FOR CONSTRUCTION OF FIRE
STATION NO. 5 STORAGE FACILITY AND SKATE PARK RESTROOMS -
PROJECT NO. 3688.
Council adopted RESOLUTION NO. 2003-1 87, accepting bids and awarding a
contract to MSC International for construction of the Fire Station No. 5 storage
facility and Skate Park restrooms.
3. AB # 17.240 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
SIDEWALKS, STREET LIGHTING AND MEDIAN LANDSCAPE ON ALGA
3616, AND 3637.
ROAD FROM EL CAMINO REAL TO EL FUERTE - PROJECT NOS. 3560,
Council adopted RESOLUTION NO. 2003-1 88, accepting the construction of the
Sidewalks, Street Lighting and Median Landscape on Alga Road, from El
Camino Real to El Fuerte as complete, and directing the City Clerk to record the
Notice of Completion and release bonds in accordance with State Law and City
Ordinances.
4. AB # 17,241 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
THE SOUTH AGUA HEDIONDA INTERCEPTOR (SAHI) PHASE II REACH Ill -
PROJECT NO. 3583-2.
Council adopted RESOLUTION NO. 2003-1 89, accepting the construction of the
South Agua Hedionda Interceptor as complete, and directing the City Clerk to
record a Notice of Completion and release bonds in accordance with State Law
and City Ordinances.
5. AB #17,242 - NOTICE OF COMPLETION FOR POINSETTIA LANE
OVERHEAD WIDENING PROJECT - PROJECT NOS. 3551,3442,3829, AND
3810.
Adopting RESOLUTION NO. 2003-1 90, accepting the construction of the
Poinsettia Lane Overhead Widening Project as complete, and directing the City
Clerk to record the Notice of Completion and release bonds in accordance with
State Law and City Ordinances.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 3
CONSENT CALENDAR, Continued
6. AB #17,243 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE
CAMINO VlDA ROBLE AND EL CAMINO REAL IMPROVEMENTS - PROJECT
NOS. 3812 AND 3643.
Council adopted RESOLUTION NO. 2003-1 91, accepting the construction of the
Camino Vida Roble and El Camino Real improvements as complete, and
directing the City Clerk to record the Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
7. AB # 17.244 - NOTICE OF COMPLETION FOR THE DEMOLITION OF THE
PINE STREET SCHOOL AND THE RESIDENTIAL STRUCTURES AT 3354,
3366, 3340,3344, AND 3348 MADISON STREET - PROJECT NO. 3802-2.
Council adopted RESOLUTION NO. 2003-1 92, accepting the demolition of the
Pine Street School and the residential structures located at 3354, 3366, 3340,
3344, and 3348 Madison Street as complete, and directing the City Clerk to
record the Notice of Completion and release the bonds in accordance with State
Law and City Ordinances.
8. AB # 17,245 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
THE TRAFFIC SIGNAL AT AVIARA PARKWAY AND KINGFISHER LANE -
PROJECT NO. 3369-2A.
Council adopted RESOLUTION NO. 2003-1 93, accepting the construction of the
traffic signal at Aviara Parkway and Kingfisher Lane as complete, and directing
the City Clerk to record the Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
9. AB #17,246 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
ORION STREET FROM EL CAMINO REAL TO FARADAY AVENUE -
PROJECT NO. 3603.
Council adopted RESOLUTION NO. 2003-1 94, accepting the construction of
Orion Street from El Camino Real to Faraday Avenue as complete, and directing
the City Clerk to record the Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 4
CONSENT CALENDAR, Continued
IO. AB #17,247 -ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE
BOULEVARD AND CANNON ROAD EAST).
Council adopted RESOLUTION NO. 2003-195, making findings on a petition for
Special Assessment Proceedings and making appointments; and,
Council adopted RESOLUTION NO. 2003-196, adopting a map showing the
proposed boundaries of Assessment District No. 2003-01 (College Boulevard
and Cannon Road East); and,
Council adopted RESOLUTION NO. 2003-1 97, declaring intention to order the
acquisition or construction of certain improvements in proposed Assessment
District No. 2003-01 (College Boulevard and Cannon Road East), declaring the
improvements to be of special benefit, describing the district to be assessed to
pay the costs and expenses thereof, and providing for the issuance of bonds;
and,
Council adopted RESOLUTION NO. 2003-198, passing upon and giving
preliminary approval to the report of the Assessment Engineer, setting a Public
Hearing for September 16, 2003, and ordering the initiation of assessment ballot
procedures.
ITEM REMOVED FROM CONSENT CALENDAR:
1. AB # 17,238 -ACCEPTANCE OF DONATION.
Library Director Cliff Lange introduced Arthur Wood, the President of the Friends
of the Carlsbad Library, who presented the donation to the City, and spoke about
the continuous support and contributions provided by the members of the
organization.
ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted
RESOLUTION NO. 2003-186, accepting a donation from the
Friends of the Carlsbad Library to the Carlsbad City Library;
appropriating the donation to the Library’s Friends Donations Fund;
and acknowledging an additional pledge from the Friends of the
Carlsbad Library in support of various Library programs.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 5
ORDINANCES FOR ADOPTION:
11. AB #17,248 -ADJUSTING THE COMPENSATION OF THE CITY CLERK.
ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted
ORDINANCE NO. NS-666, amending Section 2.08.030 of the
Carlsbad Municipal Code, adjusting the compensation of the City
Clerk.
12. AB #17,249 -ADJUSTING THE COMPENSATION OF THE CITY TREASURER.
ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted
ORDINANCE NO. NS-667, amending Section 2.08.020 of the
Carlsbad Municipal Code, adjusting the compensation of the City
Treasurer.
PUBLIC COMMENT: None at this time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #17,250 - REVIEW CIRCULATION OPTIONS AT LANAKAI LANE MOBILE
HOME PARK.
Bob Johnson, Deputy City Engineer, Transportation, presented the staff report utilizing
a Power Point presentation (copy on file in the Clerk’s Office), to show the site location
and outline of the five alternatives recommended by staff that are contained in the
Agenda Bill.
Mr. Johnson noted that the main entrance to Lanikai Lane Mobile Home Park is a non-
signalized, right-turn inlright turn out only. He stated that the residents of the mobile
home park have expressed opposition to the installation of the emergency access gate
on Ponto Drive/Sutfside Lane intersection, until a traffic signal is placed at their main
entrance, and noted the reasons for their request, which are also summarized in the
Agenda Bill.
Mr. Johnson stated that at this time, staff does not support the installation of a traffic
signal on Carlsbad Boulevard at the main entrance to Lanikai Lane Mobile Home Park,
as it would require extensive reconstruction of Carlsbad Boulevard, due to grade
differentials and drainage issues. (This information is detailed in the June 18, 2003
memorandum to the Deputy Public Works Director, Engineering Services, included as
Attachment 3 to the Agenda Bill.)
Mr. Johnson explained that, per the conditions of the La Costa Downs Specific Plan
201, the Ponto Drive/Surfside Lane connection was to be considered temporary until
access to Carlsbad Boulevard had been constructed. When the access had been
completed, an emergency access gate was to have been installed at the Ponto
D rive/S u rfside La ne intersection .
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 6
Mr. Johnson explained staffs recommendation that a traffic study and traffic signal
warrant analysis be conducted during the summer months of July and August, with
results completed by October. He stated that the completed results would be returned
to Council, along with cost estimates for installation of the emergency access gate. He
also explained that staff had attempted to contact local State Parks and Recreation
staff to resume discussions regarding the re-design of the Poinsettia Lane entrance to
the South Carlsbad State Beach campground. He noted that their calls had not been
returned thus far. Mr. Johnson stated that staff also recommends exploring the
possibility of a north-bound left-turn lane at Breakwater Road, if discussions with the
State personnel are not successful.
In response to Council, Mr. Johnson responded that staff had contacted local State
Parks and Recreation staff, not elected officials, to discuss the campground entrance
re-design, and explained that the issue had last been discussed approximately three
years ago.
In response to Council, Mr. Johnson explained that the traffic study would provide
details regarding the percentage of traffic that is caused by vehicles making U-turns at
Breakwater Road. He also further explained staffs reasoning for not recommending
the installation of a traffic signal at the entrance to Lanikai, because it does not meet
the minimum 1200 foot spacing requirements for traffic signals located on major
arterials and it does not meet the traffic signal warrants.
In response to Council, Mr. Johnson estimated that the timing for future improvements
and realignment of Carlsbad Boulevard is five to fifteen years away.
In response to Council, Debbie Fountain, Housing & Redevelopment Director, stated
that the realignment and improvements to Carlsbad Boulevard was included in the
proposed improvements for Redevelopment Area No. 2, but that the planning for
Planning Area 2, that Lanikai Lane Mobile Home Park is located in, is estimated to be
three to fours years in the future.
Bill Wisener, 6497 Surfside Lane, stated that the planned emergency gate would not
close off Surfside Lane, which connects to Island Way.
of the gate is a requirement of the conditions of Specific Plan 201, which requires
closure of Surfside/Ponto except for temporary emergency access. He added that
Ponto Drive is only sixteen feet wide, is not designed for traffic, and is currently shared
by bikes, cars, pedestrians, and animals in a dangerous manner. Mr. Wisener
requested that the emergency gate and Knox Box be installed.
He stated that the installation
Rick Donahue, 6480 Franciscan Road, stated that he had been involved in the design
discussions regarding Specific Plan 201 (La Costa Downs), which resulted in the
current street width of forty-six feet. He stated that Surfside Lane was intended to be a
collector street and have a cul-de-sac, and is not suitable for increased traffic due to its
width. He added that the current connection with Ponto Drive is a narrow, dog-leg, and
is a hazard to cars and children in the area. He requested that the emergency gate be
installed.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 7
Brian Ross, 6506 Surfside Lane, stated that the residents of Lanikai have easy access
in and out of their mobile home park. He stated that the persons, that are in a
hazardous situation, are the citizens who are going to the beach area. Mr. Ross made
a video presentation (not on file in the City Clerk’s Office) demonstrating his vehicle
exiting and entering Lanikai from the park entrance onto Carlsbad Boulevard, and
making U-turns at Breakwater Road and Island Way without difficulty or delay.
David Seely, 6491 Surfside Lane, stated that the problem in the area is that the older,
previously used traffic patterns in the Lanikai area now need to change due to the
existence of improvements and new homes in the surrounding area. He stated that the
owners of homes in La Costa Downs (SP-201) have a reasonable expectation that the
access gate will be installed as required by the Specific Plan. He added that closing
Surfside at Ponto, would not negatively impact the residents of Lanikai. Mr. Seely
presented a petition (copy on file in the City Clerk’s Office) in support of installing the
gate.
Leslie Tanner, 6550 Ponto Drive, an eighteen year resident of Lanikai, stated that
installing the gate at the Ponto Drivelsurfside Lane intersection would cause difficulty
for both residents of Lanikai Lane and Poinsettia Cove. She stated that it is not safe to
use the Island Way or the Breakwater signalized intersections with Carlsbad Boulevard
for making U-turns, and that placing a traffic signal at the entrance to Lanikai is the only
way to ensure safe access. She suggested that funding for this project be provided as
part of Redevelopment Area No. 2. In response to Council, Ms. Tanner responded that
the lease for the current operators of Lanikai will expire in the year 201 3, with control
reverting to the landowner at the time.
Steve Fasching, 6550 Ponto Drive, #85 stated that the residents of Lanikai need a safe
solution for egress and ingress to the mobile home park. He noted that the residents’
concerns regarding the closure of Ponto Drive had been presented to the City Council
in April. He reported that there had been a serious accident in their area in May, in
which a car left Carlsbad Boulvard, hit a light, traveled through a planter, and went back
onto the road. He stated that in this instance, any vehicles that would have been
entering northbound Carlsbad Boulevard directly from the park entrance, would have
been hit also. Mr. Fasching stated that a traffic signal is needed at the entrance to
Lani kai .
Teresa Horak, 6550 Ponto Drive, #I08 stated that the closure of Ponto Drive at
Surfside would be the sixth change in traffic patterns in their area since the construction
of the timeshare project.
solution for leaving or entering Lanikai. She stated that the residents will be forced to
use the Breakwater intersection, which is not safe for making U-turns. She noted that
Lanikai residents have been told by the residents of Surfside Lane that the street is
private, not public. Ms. Horak stated that the Lanikai residents safety rights also need
to be addressed, and requested an intersection and traffic light at the entrance to
Lanikai Lane Mobile Home Park.
She stated that residents still have no permanent or safe
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 8
Mike Hollins, 6550 Ponto Drive, #80 stated that placing the emergency gate at the
Ponto Drive/Surfside Lane intersection would make the bad parking situation in the
area even worse. He requested that Council Members come to the area and look at
the traffic and parking, especially at 2:OO p.m. on Sunday. He stated that redesigning
the entrance to the State park would help the traffic, and that approximately one mile
would be needed for traffic stacking. Mr. Hollins suggested that vehicles be required
to access the park from Palomar Airport Road. He stated his opposition to the
installation of the emergency gate and lock box at Ponto Drive/Surfside Lane, and
presented petitions (on file in the City Clerk’s Office) from Lanikai residents in
opposition to the gate.
Dale Schreiber, 7163 Argonata Way, expressed concern that the name Ponto Drive
would be changed, due to its historical significance in the area. He questioned how
long the mobile home park would be in that location, and stated that the Ponto Basin
Area will continue to build, causing additional traffic on Carlsbad Boulevard. Mr.
Schreiber stated that traffic impacts in this area need to be looked at on a long-term
basis.
RECESS:
Mayor Lewis declared a recess at 7:18 p.m. Council reconvened at 7:22 p.m. with all
members present.
In response to Council inquiry regarding signage at the State park when it is fully
occupied, Mr. Johnson responded that there is one sign south bound to show when the
park is full.
of portable flashing signs that could be used to provide additional signage on week-
ends and holidays, and discuss the matter with State Parks and Recreation staff.
In response to Council, Mr. Johnson stated that staff could look into use
In response to Council inquiry regarding promoting the use of the Palomar Airport Road
exit for accessing the campgrounds, Mr. Johnson indicated this could be done, but a
determination would need to be made regarding where to place signage so that it would
be best seen. Mr. Johnson also agreed that recommendations could be made that
information showing directions to the park, such as the website and maps, be changed
to direct traffic to the Palomar Airport Road exit.
In response to Council inquiry regarding the reason for stacking problems at the
campground entrance, Mr. Johnson responded that vehicles must access the ranger
station single file, as there is only one ranger to collect fees and provide information to
occupants of the vehicles. Mr. Johnson also noted that turning movement data would
be included in the traffic study results.
Mayor Lewis expressed his thoughts that the traffic situation in the Ponto area is a
serious one, especially on the week-end, and that funding may need to be spent to
provide a remedy. He stated that he could not support closing the Ponto
Drive/Surfside Lane access without completion of the traffic study. He expressed
concern that if the traffic problems are not addressed now, they will be left for future
Councils to correct.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 9
Mayor Pro-Tem Member Finnila expressed concern regarding the expenditure of funds
on temporary solutions. She also expressed concerns regarding safety and drainage
issues in the area. She stated that she would like discussions begun with the State
regarding re-configuration of the entrance to the State park to reduce the queing. She
noted that the City might need to provide funding to accommodate the re-configuration
and additional signage. She stated that Council needs the data from the traffic study,
and associated cost information for alternatives, in order to best determine what should
be done.
Council Member Kulchin concurred that Council needs the data from the traffic study
and associated cost information prior to making a decision regarding the emergency
gate. She noted that cost estimates, for the traffic light installation, should also be
provided by staff. She expressed concern regarding safety issues near Lanikai, and
regarding the impacts of future traffic in the area. She also recommended, that after
the survey is completed, Council contact the State legislators if staff is not successful in
discussions with State staff.
Council Member Hall concurred that the traffic survey be completed, and that the
reconfiguration of the State park entrance be re-visited following study completion. He
noted that park expansion and creation of a stacking lane might be looked at, to
accommodate the additional traffic.
Council Member Packard stated that Council should honor the commitment to close the
access at Surfside Lane and Ponto Drive, as required by the conditions of Specific Plan
201.
regarding alignment changes, traffic signals, and discussions with the State regarding
the park entrance should be deferred until after the study has been completed.
He concurred that the traffic study should be completed, and that discussions
By consensus, Council concurred that the staff complete the traffic study and traffic
signal warrant analysis, and return to Council with the results of the study and
alternative options and associated costs.
14. AB #17,251 - REPORT AND DISCUSSION OF CAMPAIGN DISCLOSURE
REQUIREMENTS.
The staff report was presented by Ron Ball, City Attorney.
Jim Gaiser, 3340 Ridgecrest, stated his request that Council re-evaluate the City’s
campaign disclosure requirements, which were adopted during the 1980’s, and that
provided additional disclosure requirements for Candidates and Treasures to follow, in
addition to State disclosure requirements. Mr. Gaiser expressed concern with the
current requirement that copies of donation checks be filed, as they contain personal
information about the donors, and become a part of a public campaign disclosure
document. He stated that the additional campaign report required by Carlsbad
Ordinance, to be filed prior to the election, is superfluous and time consuming for
treasures, and requested that the disclosure limit be raised from $25.00 to the State
limit, which is $100.00.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 10
Council Member Hall stated concern regarding requiring the copies of checks to be
filed, and become part of public documents.
Council Member Packard concurred with Mr. Gaiser’s comments that the City remove
the additional requirements and follow the State standards for campaign disclosure.
Council Member Kulchin discussed the suggestion to increase the reporting limit from
$25.00 to $100.00. However, she stated that she supports retaining the requirements
for the additional campaign statement and copies of checks to verify the information
contained in the campaign statements. She added that she is satisfied with the current
City requirements.
Council Member Finnila expressed support for retaining the $25.00 contribution
reporting limit and the additional campaign statement filing, as it provides information
regarding late contributions and expenditures for citizen review. She added that she
would be willing to consider removing the requirement to submit copies of checks.
Mayor Lewis stated that Carlsbad’s campaign reporting regulations should conform to
State requirements, as do those in most other cities in San Diego County.
ACTION: On a motion by Mayor Lewis, Council directed the City Attorney to
prepare amendments to the City’s campaign disclosure ordinance
to delete the additional disclosure period and requirements for
copies of checks, and to increase the disclosure limit from $25.00
to $100.00, per State requirements.
AYES:
NOES:
Council Members Lewis, Hall, and Packard
Council Members Finnila and Kulchin
Council Member Kulchin noted that she cast a “no” vote, due to the reasons stated
above.
PUBLIC COMMENT:
Dale Schreiber, 7163 Argonata, requested that the City pave the end of Ponto Drive,
which is currently dirt. He stated that the dirt condition is unsafe for health reasons, and
that the City currently holds sixty foot easement on this area.
COUNCIL MEMBER REPORTS AND COMMENTS:
None.
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
July 15,2003 CARLSBAD CITY COUNCIL MEETING Page 11
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may participate in, the following events:
Wednesday, July 16,2003 - 11 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad , California
Thursday, July 17,2003 - 12 Noon
North County MayordManagers Lunch Meeting
Laurel Tree Apartments Community Room
1307 Laurel Tree Lane
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of July 15, 2003, was adjourned at 8:lO p.m.
VClTp CLERK
Karen R. Kundtz
Assistant City Clerk