HomeMy WebLinkAbout1993-06-15; City Council; Minutes (2)0 a
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 15,1993
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
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CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:06 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis.
Absent: None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented:
Minutes of the Regular Meeting held May 18, 1993.
Minutes of the Regular Meeting held May 25, 1993.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the
action of the Consent Calendar, Items 1 through 12, as follows:
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
39 1. AB #12,253 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - MS NO. 392.
Council accepted improvements, authorized the City Clerk to record the Notice of Completion and
release bonds in accordance with State law and City ordinances, and directed the Utilities and
Maintenance Department to commence maintaining public street improvements constructed at
Adams Street and Park Drive.
31 2. AB #12,254 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 93-160, accepting a $5,000 donation from the Fieldstone
Foundation for the three "Jazz in the Parks" concerts to be held at Stagecoach Park.
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CONSENT CALENDAR: (Continued)
3. AB #12,255 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 93-161, accepting a $3,000 donation from Target Stores to
help fund the Make-A-Circus performance at Stagecoach Park.
4. AB #12,256 - AWARD OF BIDS FOR PURCHASE OF FIREFIGHTERS’ PROTECTIVE CLOTHING.
Council adopted RESOLUTION NO. 93-162, awarding bids for the purchase of firefighters’
helmets, hoods, gloves and suspenders for the period July 1, 1993, through June 30, 1994, with
option to renew each contract for three additional one-year periods.
5. AB #12,257 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - POINSETTIA VILLAGE - CT 81-68.
Council accepted improvements, authorized the City Clerk to record the Notice of Completion and
release bonds in accordance with State law and City ordinances; directed the Utilities and
Maintenance Department to commence maintaining the public street and storm drain
improvements, and the Carlsbad Municipal Water District to commence maintaining the public
sewer improvements constructed at Avenida Encinas and Poinsettia Lane.
6. AB #12,258 - AWARD OF ANNUAL TREE TRIMMING CONTRACT.
Council adopted RESOLUTION NO. 93-163, awarding the contract for tree trimming to
Homestead Tree Service for the period of July 1, 1993, to June 30, 1994, with the option to renew
for two additional one-year periods.
7. AB #12,259 - AUTHORIZATION TO PROVIDE UNDERGROUND CONNECTIONS -
UNDERGROUND UTILITY DISTRICT NO. 13.
Council adopted RESOLUTION NO. 93-1 64, directing the City Engineer to give notice to connect
to underground utilities and provide such connection, if necessary, to certain properties located
at 411 Tamarack Avenue and 421 Tamarack Avenue, within Underground Utility District No. 13.
8. AB #12,260 -SELECTION OF DATE FOR PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT
NOS. 14A AND 148.
Council adopted RESOLUTION NO. 93-1 65, expressing intent to initiate proceedings, a.nd setting
a public hearing for July 6, 1993, at 6:OO p.m., to receive public input and determine whether the
public health, safety or welfare require the formation of an Underground Utility District on portions
of El Camino Real and Palomar Airport Road.
9. AB #12,267 - CARLSBAD UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO.
2 SPECIAL ELECTION.
Council adopted RESOLUTION NO. 93-1 69, authorizing the Mayor to abstain from voting in the
Carlsbad Unified School District Community Facilities District No. 2 special election to finance
school facilities.
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CONSENT CALENDAR: (Continued)
99 10. AB #12,261 - APPROVAL OF AN UNCONTROLLED STOCKPILE AGREEMENT FOR KELLY RANCH - CT 8330/PE 2.85.30.
Council adopted RESOLUTION NO. 93-1 66, approving an Uncontrolled Stockpile Agreement
between Kelly Ranch and Kelly Family Carlsbad Partnership and the City of Carlsbad for grading
on property located east of Carlsbad Boulevard and south of Agua Hedionda Lagoon.
77 11. AB #12,262 - APPROVAL OF CONSULTANT AGREEMENT FOR THE 1993 GROWTH
$5 MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM.
Council adopted RESOLUTION NO. 93-167, approving a consultant agreement with JHK &
Associates for the preparation of the 1993 Growth Management Plan Traffic Monitoring Program.
99 12. AB #12,263 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CALAVERA HILLS (THE CAPE) CT
81-47, UNIT NO. 1.
Council accepted improvements; authorized the City Clerk to record the Notice of Completion and
release bonds in accordance with State law and City ordinances; directed the Utilities and
Maintenance Department to commence maintaining the public street improvements, and directed
the Carlsbad Municipal Water District to commence maintaining the public sewer improvements
constructed in this subdivision.
PUBLIC COMMENT
William Jubb, 3993 Highland, invited the Leg0 officials to attend a meeting at the Harding Street Center,
June 26, 1993, at noon, to hear the other side of the story.
Diane Krasner, 5001 Tierra del Oro, stated she was involved with NAIL (Neighbors Against Invasion by
Lego), and she spoke against the Leg0 park. She stated they surveyed 2,580 people, and 30 percent
didn’t know about it; 23 percent were in favor of the park and 77 percent were against the park. Those
opposed signed a petition, and she presented the petition to the City Clerk.
Kathy Moll, 3730 Yvette Way, spoke against the Leg0 park, stating the citizens had not been consulted
about whether they wanted the park here.
Joe Fallon, 3730 Yvette Way, spoke against Leg0 park being built in Carlsbad.
Gerald Pines, 201 1 Lee Court, a member of NAIL, spoke against Leg0 park and said he wanted all sides
heard from before negotiations proceeded. He said this would affect traffic, water, sewer and the trash
problem.
Jim Young, 3951 Park, stated he did not want the Leg0 park here. He said he wanted information given
to the citizens and to be involved in the decision.
Joyce James, 3931 Garfield Street, stated this park would impact the services of the City and would attract
transients and panhandlers.
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ORDINANCE FOR ADOPTION:
28 13. AB #12,264 - AMENDING THE HOUSING COMMISSION ORDINANCE TO ESTABLISH A NINE MEMBER COMMISSION AND SET QUALIFICATIONS.
Council determined the three-year terms will be served by Housing Commission Members Sato,
Peterson, Scarpelli and Wellman. The two-year term will be served by Bailey Noble; with
Commissioners Rombotis, Avis, Escobedo and Calverley serving four-year terms.
ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS-
amending Sections 2.40.020, 2.40.030 and 2.40.050 establishing a nine member
Housing Commission and establishing qualifications for its members.
- 242, amending Title 2, Chapter 2.40 of the Carlsbad Municipal Code by
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
PUBLIC HEARINGS:
i14 14. AB #12,265 -AMENDMENT TO DEVELOPMENTSTANDARDS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES AND DEFINITION OF HABITABLE SPACE - ZCA 92-7.
Council Member Finnila requested that additional wording be included to preclude the installation
of a toilet in the structure.
Mayor Lewis opened the duly noticed Public Hearing at 6:57 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
ACTION: On motion by Mayor ProTem Stanton, Council introduced ORDINANCE NO. NS- 243, amending Title 21, Chapter 21 -04 of the Carlsbad Municipal Code by the
addition of Section 21.04.306 to define habitable space or structure and
amending Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad Municipal
Code by the amendment of Subsection (1) (D) and (2) (D) (E); Chapter 21.10,
Section 21.10.050 Subsection (1) (D) and (2) (D) (E); Chapter 21.12, Section
21.12.050 Subsection (1) (D) and (2) (D) (E); Chapter 21.16, Section 21.16.050
Subsection (1) (D) and (2) (D) (E); Chapter 21.18, Section 21.18.050 Subsection
(7) (C) (D) and (8) (8); Chapter 21.20, Section 21.20.080 (1); Chapter 2i -22,
Section 21.22.060; Chapter 21.24, Section 21.24.090; to amend the development
standards for accessory structures in the residential zones of the City; amended
to include wording to preclude a toilet in the structures; and
adopted RESOLUTION NO. 93-1 68, approving a Negative Declaration for a Zone
Code Amendment to amend Title 21 of the Carlsbad Municipal Code, to define
habitable space and amend the development standards for accessory structures
in the residential zones of the City.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
Z9 15. AB #12,268 - ADOPTION OF 1993-94 OPERATING AND CAPITAL IMPROVEMENT PROGRAM 79 BUDGETS AND ADOPTION OF REVISED FEES.
Mayor Lewis opened the duly noticed Public Hearing at 7:20 p.m., and issued the invitation to
speak.
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PUBLIC HEARINGS: (Continued)
Eric Larson, 1355 Forest Avenue, Vice President of Carlsbad Soccer Club, requested ,the $6 light
use fee at City fields proposed for non-profit organizations be deleted from the fee schedule.
Dennis Brandmeyer, 2668 Ocean, representing the youth baseball league, requested the light use
fee be deleted.
Bob Caputo, 2634 Valewood Avenue, Vice President of Carlsbad Youth Baseball and a Soccer
coach, spoke against the light use fee and reiterated the request that if there must be a charge,
the teams would rather pay the actual bill rather than pay a fee.
Dan Honsowetz, 3538 Hastings Drive, Carlsbad Youth Baseball, requested the proposed light use
fee be deleted. He stated that Chase Field is the only field that is involved, and basically that
field is for use by children under the age of 12.
Bob Belitz, 2708 Avalon Avenue, President of the Carlsbad Girls Softball Association, referred to
Council Policy #28, regarding non-profit organizations, and asked Council to consider deleting
the light use fee.
Michael Dill, 3514 Landsford Way, Carlsbad Girls Softball Association, asked that the light use fee
be deleted.
Mario Monroy, 3610 Carlsbad Boulevard, spoke on development related fees and the subsidy
level analysis, and expressed concern about the amount of subsidy the City provides for
developments.
Steve Link, Manager, ConVis, requested Council return the funding for ConVis to the 1991 -92 level
of $225,000.
Hope Wrisley, 2080 Basswood, Chairperson of the ConVis Advisory Board, stated the TOT has
not decreased and it is necessary to spend money to get the people to come to Carlsbad.
Kathleen Marquez, 3429 Jefferson, representing Barrio Carlsbad Association, requested funds to
aid in the enhancement of the Barrio.
Gil Apodaca, 3345 Madison Street, requested funding to enhance the Barrio to make it user
friendly.
Margie Monroy, 3610 Carlsbad Boulevard, requested Council to review and discusss the golf
course fund of 1.4 million dollars, stating this money was not earmarked for a special account,
and could go into the General Fund to fill in some of the gaps in the budget.
Carmen Cepola, 7029 Ivy Street, spoke in favor of funds for the Barrio, stating she has seen the
benefits this area brings to the City.
Girard Anear, 1728 Calava Court, spoke in favor of providing funding for the Barrio Association.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:05
p.m.
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PUBLIC HEARINGS: (Continued)
ACTION: By consensus, Council agreed to amend the fee schedule to delete the $6 per
hour charge to non-profit organizations for lights at City fields.
The City Manager stated staff would work with the people in the Barrio concerning their request
for assistance with street trees.
ACTION: By consensus, Council agreed to fund ConVis at the current proposed amount
of $205,000, due to the uncertainties of State impacts at this time.
ACT1 ON : On motion by Council Member Finnila, Council directed staff to defer the
contribution to the golf course fund until such time as the golf course project
needs additional funds, and at that time funds would be provided by 1) directing
staff to initiate like reductions in spending in other General Fund services or
programs, or 2) utilize the General Fund balance, or a combination of the two
options.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
ACTION: On motion by Council Member Nygaard, Council adopted the following
Resolutions:
RESOLUTION NO. 93-170, adopting the final Operating and Capital Improvement
Program budgets for the fiscal year 1993-94 for the City of Carlsbad and
establishing controls on changes in appropriations for the various department
funds, amended to include an additional carry-forward amount of $26,400 for
approved capital equipment purchases within the Fire Department.
RESOLUTION NO. 93-171, establishing the 1993-94 appropriation limit as
required by Article XlllB of the California State Constitution and State Law.
RESOLUTION NO. 93-1 72, establishing the fees for development-related
services.
RESOLUTION NO. 93-1 73, establishing fees for general services, as amended
to delete the lighting fee at City fields for non-profit organizations.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
RECESS:
Mayor Lewis declared a Recess at 8:43 p.m., and Council re-convened at 854 p.m., with all Members
present.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 8:55 p.m., and re-convened at 9:Ol
p.m., with all Members present.
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MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 9:Ol p.m., and re-convened at 9:05 p.m., with all
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
!4 16. AB #12,266 - ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE.
ACTION: On motion by Mayor Pro Tern Stanton, Council introduced ORDINANCE NO. NS-
244, amending Title 7, Chapter 7.08 of the Carlsbad Municipal Code by the
amendment of Section 7.08.010, to adopt by reference the recently revised San . '
Diego County Code of Regulatory Ordinances dealing with rabies, animal control
and regulations, and directed staff to set the item to public hearing on July 13,
1993.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
COUNCIL REPORTS:
Council Members presented slides and reported on their recent trip to Denmark to visit Legoland.
Staff explained the process that must be followed if Leg0 selects Carlsbad and submits an application.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 15, 1993, was adjourned at 10:04 p.m.
Respectfully submitted,
ALETHA a L. RAUTENKRANZ .PC-
City Clerk
Harriett Babbitt
Minutes Clerk
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