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HomeMy WebLinkAbout1999-07-13; City Council; Minutes0 0 MINUTES MEETING OF : CITY COUNCIL DATE OF MEETING: July 13,1999 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER. Mayor Lewis called the Meeting to order at 6.00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, Absent: None Kulchin APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, the Minutes of the following meetings were approved as presented: Minutes of the Special Meeting held June 15, 1999. - Kulchin abstain Minutes of the Regular Meeting held June 15, 1999. - Kulchin abstain CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Hall , Council affirmed the action of the Consent Calendar, Items # 1 through #8, with the exception of Items #1 and #2 as follows: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #15,303 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 2. AI3 #15.304 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 3. AB #15,305 - CONTRACT FOR BLUEPRINTING AND PHOTOCOPY SERVICES. Council adopted RESOLUTION NO. 99-249, accepting bids and awarding a contract to Palomar Reprographics for blueprinting and photocopying services. 4. AB #15.306 - REOUEST TO DESTROY RECORDS. Council adopted RESOLUTION NO. 99-250, authorizing destruction of certain records kept in the Recreation Department. e 0 July 13,1999 CITY COUNCIL Page 2 5. AB #15,307 - ANNUAL BENEFIT ASSESSMENTS FOR BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA. Council adopted RESOLUTION NO. 99-251, adopting the annual benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1. 6. AB #15,308 - AGREEMENT FOR CELLULAR SITE AT SAFETY CENTER. Council adopted RESOLUTION NO. 99-252, approving a license agreement with Cox Communications, P.C.S. Assets, L.L.C. for a cellular site at the Carlsbad Public Safety Center. 7. AB #15.309 - QUITCLAIM OF DRAINAGE EASEMENT, CALAVERA HILLS VILLAGE “Q”, CT 85-32. Council adopted RESOLUTION NO. 99-253, quitclaiming a Covenant of Drainage Easement within Lots 7 1 and 72 to Brookfield Barrington. 8. AB #15,3 10 - REOUEST TO PROVIDE A FINANCIAL ASSISTANCE COMMITMENT FOR CONSTRUCTION OF 27 AFFORDABLE APARTMENT UNITS WITHIN THE MARIAN0 HOUSING DEVELOPMENT - SDP 97-16. Council adopted RESOLUTION NO. 99-254, approving a request from Pacific Vista Las Flores, to provide a financial assistance commitment from the City’s Housing Trust Fund for the construction of 27 affordable apartment units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the Mariano Housing Development. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #15.303 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin , Council adopted RESOLUTION NO. 99-247, accepting a $661 donation from Carlsbad Youth Baseball Association in support of the Recreation Opportunity Grants Scholarship Fund. AYES : Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None 2. AB #15.304 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin , Council adopted RESOLUTION NO. 99-248, accepting a $10,000 donation from the Charles and Ruth Billingsley Foundation for the purchase of computers for the Senior Center Computer Lab. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None 0 0 July 13,1999 CITY COUNCIL Page 3 ORDINANCE FOR ADOPTION: 9. AB #15,311 - CARNATION PROPERTY - ZC 98-1 l/LCPA 98-08. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-498, approving a Local Coastal Program Amendment, and a Zone Change fi-om Limited Control (LC) to One Family Residential (R- 1 -Q) on property generally located west of Black Rail Road and north of Aviara Parkway, in Local Facilities Management Zone 20. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. PUBLIC COMMENT: None. PUBLIC HEARING: 10. AB #15,3 12 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Administrative Coordinator for Special Districts, Virginia McCoy, gave a report on the following: 1. Description of the boundaries of the district. 2. Description of the maintenance work to be performed. 3. Review of the approved Engineer’s Report for the maintenance district relative to the street lighting zone, street tree zone and the street median zone. 4. The formula and cost of the maintenance to be assessed. Consulting Engineer, Galen Peterson gave a report on the City’s general benefit contribution. He also reported that no protests had been received. Assistant City Clerk Karen Kundtz announced that proper notice had been given in the manner and form as required by law, and that the appropriate Certificate of Compliance is on file in the City Clerk’s Office. Mayor Lewis opened the duly noticed public hearing at 6:22 p.m.; seeing no one wishing to testify, the hearing was closed at 6:23 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99-255, confirming the diagram and assessment and providing for levy of the annual assessment in a special maintenance district; and, RESOLUTION NO. 99-256, approving the transfer of funds from the City’s general fund to three special funds as further detailed in the approved “Engineer’s Report” for the City of Carlsbad Street Lighting and Landscaping District No. 1 for the fiscal year 1999-2000. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 0 0 July 13,1999 CITY COUNCIL Page 4 ADJOURNMENT TO JOINT CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION MEETING: Mayor Lewis adjourned to the Joint City Council and Housing and Redevelopment Commission at 6:24p.m. Council reconvened at 6:30 p.m. with Mayor Lewis and four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #15,3 15 - LOCATION AND CONDITIONS FOR DISTRIBUTION OR SOLICITATION OF MATERIALS ON SIDEWALKS . City Attorney Ron Ball described the conditions of the proposed Ordinance and stated that this will be a pilot program with follow-up in one year. Bob Johnson, Deputy City Engineer, Transportation, described the locations throughout the City where solicitation or distribution of materials would be allowed per the subcommittee recommendation. Mayor Lewis expressed concerns about safety issues, both for the hawkers and drivers that would be stopped, and suggested limiting the number of locations at which this would be allowed. Council Member Finnila also expressed concerns regarding safety issues, and that others would be allowed to distribute materials on street comers in Carlsbad. She stated that she can not support this recommendation. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. -7 NS-499 by the addition of Sections 8.28.070 to the Carlsbad Municipal Code, specifying the location and conditions for distribution or solicitation of materials on sidewalks. AYES: Lewis, Hall, Nygaard, Kulchin NOES: Finnila 13. AB #15.3 14 - SIGN ORDINANCE AMENDMENT RESOLUTION OF INTENTION. Principal Planner Chris DeCerbo and Associate Planner Gary Wayne gave the staff report stating that to ensure uniformity in standards applied to officehndustrial (C-My My and P-M) zones across the City there are three clarifications and two revisions proposed for a Zone Code Amendment. The proposed clarifications are: 1 .) Only one single or double-faced permanent sign (wall or ground mounted) per street frontage per tenant; 2.) Total area of all signs shall not exceed one and one-half square feet of wall per foot of lineal building frontage; and 3 .) Add definitions for Multi-tenant Industrial and Multi- tenant Commercial and signage allowed. The proposed revisions are: 1 .) All wall and monument signs would be allowed a maximum of 35 square feet square feet per face (currently 100 square feet per face is allowed); and 2.) A revision of Palomar Airport Road frontage standards from a maximum of four wall signs per building and two wall signs per street frontage to one wall sign per building and one wall sign per street frontage. Council Member Hall stated that the current system works well, and expressed concern regarding staffs workload and the amount of time that would be needed to process the code changes. 0 0 July 13,1999 CITY COUNCIL Page 5 ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION OF INTENTION NO. 99-258, directing staff to prepare a Zone Code Amendment to incorporate clear and comprehensive sign standards for the C-M and P-M Zones into Chapter 2 1.41 of the Carlsbad Municipal Code. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: Hall RECESS: Mayor Lewis called a recess at 7:20 p.m. and Council reconvened at 7:26 p.m. with Mayor Lewis and four Council Members present. 14. AB #15,316 - REOUEST TO PROVIDE FINANCIAL ASSISTANCE FOR CONSTRUCITON OF 90 AFFORDABLE CONDOMINIUM UNITS WITHIN THE RANCHO CARRILLO MASTER PLAN - CT 98-15/CP 98-08/SDP 98-17 . ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 99- financial assistance from the reallocation of funds from the Carlsbad Homebuyer Assistance Program (CHAP), for construction of 90 affordable condominium units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the Rancho Carrillo Master Plan. - 259, approving a request from Continental Homes, Inc. for $1,350,000 in AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 15. AB #15,3 17 - AUTHOIUZATION FOR BEACH EROSION COMMITTEE TO SOLICIT SUPPORT FOR REGIONAL BEACH STABILIZATION PROJECT. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 260, authorizing the Carlsbad Beach Erosion Committee to solicit support of the north county coastal cities to request the San Diego Association of Governments (SANDAG) Shoreline Erosion Committee to develop a regional beach stabilization program. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. RECESS: Mayor Lewis called a recess at 7:40 p.m. and Council reconvened at 7:44 p.m. with Mayor Lewis and four Council Members present. 16. AB #15,318 - PERIMETER WALL AT CARRILL0 RANCH COMMUNITY PARK. Mark Steyaert, Park Development Coordinator and Ken Price, Director of Parks and Recreation gave the staff report detailing the history of the project and stating that the project has undergone extensive public review. Mr. Steyaert stated that in 1991 the Carrillo Ranch Park subcommittee participated with several community groups, and in 1996 the Carrillo Ranch Park Master Plan Steering Committee met for 18 months with all meetings and workshops open to the public, and that 300 citizens attended the Master Plan final review. 0 0 July 13,1999 CITY COUNCIL Page 6 Mr. Steyaert explained that the wall is being built for security to protect the facility, historic buildings and grounds, and artifacts collections, for closing the park at certain hours, and to give a sense of privacy and enclosure to the park. Mr. Steyaert stated that the Rancho Carrillo Park Environmental Impact Report considers wall construction as a method to minimize environmental impact on the Park and to prevent vandalism. He also stated that a solid wall design was chosen to minimize the view comdor and maximize the isolation of the Park in addition to acting as a sound attenuation barrier. Mr. Steyaert explained the choice of white for the wall color was an attempt to match the adobe structures located in the Park and give the appearance of a “white-washed’y look. He listed several Parks with solid walls, most of them with preservation structures on site: Rancho Buena Vista, Los Cerritos and Los Alamitos. Audrey Thornton, 6343 Paseo Corono, stated she had met with other residents from the Rancho Carrillo Venetia area on the nature trail and that they had enjoyed watching birds on the Park property and expressed concern with the wall being constructed. She expressed concern that the berm and wall are too close to the trail, and stated she has measured the wall which is 7 feet, not 6 feet in height. Ms. Thornton urged that the construction on the wall be stopped, and that the city hold public hearings allowing the input of Rancho Carrillo residents. Ms. Thorton read from a letter from Lance Block, 6335 Paseo Corono (This letter is not on file.) stating that this is not an issue of whether prior meetings, budgets and plans had taken place about the Park but, rather, it is an emotional issue to preserve the enjoyment, history, and surroundings of the Rancho Carrillo Park, and that he had never heard of building walls to surround parks. He emphasized that we need to increase access and not limit use to private parties and weddings, and that the masonry wall will be susceptible to graffiti and easily scaled. Mr. Block’s letter stated that the 1991 Sub-committee and 1996 Master Plan Committee reports did not have current Rancho Carrillo resident input. He further stated that the Master Plan was approved before Rancho Carrillo residents moved into the area, and requested public input now with a new hearing. Upon inquiry from Council, Ms. Thornton stated that during the purchase of her property the developer did not mention the wall. Nanette Muirhead, 6347 Paseo Corono, described several pictures of the trail and wall at the Park (These pictures are not on file). She stated that she does not think the wall is attractive and has measured it’s height at 7 feet and is not capped yet. Ms. Muirhead asked that the City reconsider either no wall, a half- wall, or fencing. Lenita Maljan, 2939 Rancho Vacada, stated that the wall was not disclosed at the time of purchase of her . property. She stated that parks such as Presidio Park do not use walls for security and urged that the park be secured in a more aesthetic way. She also stated that she was concerned about the risk of having a wall near the school. David Lother, 2237 Faraday Avenue, Suite 100, Vice-president, Continental Homes, stated that he had received the first draft of the Park Master Plan in September, 1997, and by using that plan as a guideline for wall construction, the Rancho Carrillo developers tried to copy both the style and theme of adobe brick with slanted pilasters. Mr. Lother asked how and why the theme of wall changed. He stated that he attended four meetings with staff and asked for the City to consider the following options: wrought iron rather than block wall, moving the wall down slope to prevent blockage of the view corridors, and using a combination of block and wrought iron to minimize the blockage of view corridors. Mr. Lother also explained that Disclosures concerning the Park are used by Continental Homes and guest builders are asked to use same language but he cannot guarantee that they have used this language (The Disclosure is on file in the Office of the City Clerk). In conclusion, Mr. Lother requested that the design be modified by use of adobe block and wrought iron, and that the color be changed to match to other walls in the Rancho Carrillo Development. e a July 13,1999 CITY COUNCIL Page 7 In response to inquiry concerning the development’s wall color, Mr. Lother stated that a color consultant was used for Continental Homes’ choice of color. Rose Schaffer, 6339 Paseo Corono, stated she was concerned that she was not told about the wall when she purchased her home. Bill Clevenger, 2873 Rancho Rio Chico, expressed that the trail is a nice amenity but that the 6 foot wall does not match the neighborhood, and he stated concerns about graffiti on the wall. ACTION: Council approved the staff recommendation to continue construction of the wall, with the understanding that the color and texture of the wall would require final Council approval. Council also directed staff to report back regarding increasing the size of plants used for landscaping along the wall. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub- committees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of July 13, 1999 was adjourned at 9:OO p.m. Respectfully submitted, Assistant City Clerk Lorraine M. Wood Deputy City Clerk