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Home My WebLink About1994-01-18; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 18,1994 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Councll Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Kuichin. INVOCATION was given by Father Don Coleman of St. Elizabeth Seton Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Stanton. PRESENTATION: Mayor Lewis presented a Proclamation to Lynn Flanagan of 'In Motion' for SAN DIEGO MARATHON WEEK, January 17 - 23,1994. APPROVAL OF MINUTES: *On motion by Mayor Pro Tem Stanton, the Minutes of the Regular Meeting held January 4,1994, were approved as presented. *Mayor Lewis stated he wished the record to reflect his intent to vote 'Abstain' on Item #3 of the Consent Calendar at the meeting of January 4, 1994. *Council Member Finnila stated she wished the record to reflect her intent to vote 'no' on Item #3 of the Consent Calendar at the meeting of January 4, 1994. AYES: Lewis, Stanton, Nygaard and Finnila CONSENT CALENDAR: Council Member Finnila requested item #11 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items #1 through #lo, as follows: AYES: Lewis, Stanton, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. *2 0 e e 36 50 99 99 97 84 39 55 45 January 18,1994 Page 2 CONSENT CALENDAR: (Continued) 1. AB #12,542 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 94-1 4, authorizing the destruction of certain files in the City Clerk’s Office. 2. AB #12,543 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 94-15, authorizing the destruction of certain files in the Finance Department. 3. AB #12,544 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CARLSBAD UNION CHURCH, PD 31 3. - Council accepted the 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 directed the Carlsbad Municipal Water District to maintain the public water and sewer improvements constructed at Pine Avenue and Jefferson Street. 4. AB #12,545 - FINAL MAP - AVIARA PA 26 NORTH, UNIT 2, CT 90-38. Council adopted - approving the Final Map for Carlsbad Tract No. 90-38, Aviara PA 26 North, Unit 2. 5. AB #12,546 - CARLSBAD VILLAGE DRIVE STREETSCAPE PHASE V CHANGE ORDER, CONTRACT NO. 3347. Council adopted RESOLUTION NO. 94-22, approving Change Order No. 10 in the amount of $62,951.67 for the Carlsbad Village Drive Streetscape Phase V improvements project. 6. AB #12,547 - AGREEMENT FOR JANITORIAL SUPPLIES. Council adopted RESOLUTION NO. 94-23, accepting bid proposals and awarding contracts to Waxie Sanitary Supply and Padre Janitorial Supply for the period of February 1, 1994 through January 21, 1995. 7. AB #12.548 - REPORT ON CITY INVESTMENTS. Council accepted and filed the City Treasurer’s report on the status of the City’s investment portfolio as of December 31, 1993. 8. AB #12,549 - AMENDMENT OF INTERIM SOLID WASTE AGREEMENT. Council adopted RESOLUTION NO. 94-24, approving the Third Amendment to the Interim Solid Waste Participation Agreement which allows the Cities of Escondido and Oceanside to join the Interim Commission and eliminates the surcharge on the second rim percent of the wastestream. 19 0 0 January 18, 1994 Page 3 CONSENT CALENDAR: (Continued) 20 9. AB #12,556 - ACCEPTANCE OF DEEDS IN LIEU OF CONDEMNATION FOR THE BATlQUlTOS 70 LAGOON ENHANCEMENT PROJECT. 81 Council adopted RESOLUTION NO. 94-28, accepting a deed from Constance Sammis and John Lamb, and authorizing the City Clerk to accept future deeds for the remaining three properties for the Batiquitos Lagoon Enhancement Project. 99 10. AB #12.555 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CARLSBAD DISTRIBUTION CENTER, PD 408. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and to release bonds in accordance with State law and City ordinances; and directed the Carlsbad Municipal Water District to maintain the public water and sewer improvements constructed at 6020 Avenida Encinas. ITEM REMOVED FROM THE CONSENT CALENDAR: 23 11. AB #12,557 - GRANT APPLICATION TO THE CALIFORNIA ARTS COUNCIL. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- - 29, approving the Arts Office grant application to the California Arts Council for an arts program in cooperation with Youth Enrichment Services, Inc. AYES: Lewis, Stanton, Nygaard and Finnila ORDINANCES FOR ADOPTION: 102 12. AB #12,550 - ADOPTION OF ORDINANCE - SPEED LIMIT ON A PORTION OF TAMARACK AVENUE. ACTION: On motion by Council Member Stanton, Council adopted ORDINANCE NO. NS- 267, amending Tile 10, Chapter 10.44, of the Carlsbad Municipal Code by the repeal of Section 10.44.1 80, and the amendment of Section 10.44.300 to establish a prima facie 30 mile peer hour speed limit upon Tamarack Avenue from Carlsbad Boulevard to Interstate Highway 5. AYES: Lewis, Stanton, Nygaard and Finnila I8 0 0 January 18, 1994 Page 4 ORDINANCES FOR ADOPTION: (Continued) 113 13. AB #12.554 -APPROVALOF POINSElTIA SHORES MASTER PIAN - MP-l75(D). GPA 91 -5, LCPA 57 91-2, AND LFMP 87-9(A). 77 ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- Amendment, General Plan Amendment, Local Coastal Program Amendment and Local Facilities Management Plan Amendment; and adopted ORDINANCE NO. NS-266, adopting the Poinsettia Shores Master Plan Amendment located in the Southwest Quadrant of the City in Local Facilities Management Plan Zone 9. -1 27 approving a mitigated Negative Declaration, application for a Master Plan AYES: Lewis, Stanton, Nygaard and Finnila PUBLIC HEARINGS: 26 14. AB #12,551 - CHANGES AND MODIFICATIONS TO PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT NO. 86-1. Staff explained the purpose of the hearing and described the proposed changes and boundaries of the District, and summarized the 'Report'. Mayor Lewis opened the duly noticed Public Hearing at 6:17 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. The City Clerk announced that notice of the Public Hearings has been given in the manner and form as required by law and that a Certificate of Compliance is on file certifying that notice was by Publication of Notice of Public Hearing, Mailing Notice of Public Hearing to property owners within the District, and Filing amended boundary map in Office of County Recorder. 77 15. AB #12,552 -ZONE 24 LOCAL FACILITIES MANAGEMENTPIAN AMENDMENT AND FINANCING - PIAN. Mayor Lewis stated he had received a letter from the school district this evening stating that the school requirement had not been mitigated. City Attorney Ron Ball stated they were not objecting to the approval of this application, but the letter was intended to document the conditions upon which they would withhold objections. Mayor Lewis opened the duly noticed Public Hearing at 6:35 p.m., and issued the invitation to speak. Anthony Griffin, Vice President of George Wimpy, Inc., 9170 Towne Centre Drive, San Diego, stated his firm owns the Evans Point property, which is a large part of Zone 24. He stated the only items subject to change from the LFMP are: park fees, Cannon Road, Aqua Hedionda sewer and the requirement for a water reservoir within Zone 24. There has been no change in the school requirement since the LFMP, and the school facilities are not open for discussion this evening. 17 0 0 January 18, 1994 Page 5 PUBLIC HEARINGS: (Continued City Attorney Ron Ball stated that the school facilities condition is part of this process, and is open for discussion. He also noted that Mr. Griffin’s project has an approved tentative map, and the developer can present evidence that schools have been adequately mitigated at the time of final map processing. Mr. Griffin stated he was here to ask for an amendment for the LFMP, and is irriiated because he has had no correspondence from the school district for several years and received no letter today. He stated he had two letters from the school district, one in 1985 and one in 1990, stating that adequate school facilities are available in Zone 24, and there has been no change: in fact, with the amendments, the number of units has decreased from 267 to 194, which creates less impact than previously planned. Mr. Griffin stated he wanted to go to a vote on the request before Council, but he is not prepared to accept a condition which requires participation in any kind of an assessment district. Arto Nuutinen, 4920 Campus Drive, Newport Beach, representing Bowie, Arneson, Kadi, Wiles and Giannone, Attorneys for the Carlsbad Unified School District, stated he was not here to oppose the amendment as proposed by staff, but to clarify that the District does not oppose the amendment as long as the school condition as proposed by staff is part of the approval. Council Members expressed their dissatisfaction with the District and their attorneys for continually submitting letters at the last minute. It was noted that the late submittals don’t provide Council time to read the letters. Mr. Griffin spoke in rebuttal and reiterated his desire for a vote on this matter, but that he is not prepared to accept a condition which requires participation in any kind of an assessment district. The City Attorney stated that State law allows the school district to form a Mello Roos District or to reach agreement with the developer in addition to the $1.65 per square foot. The City’s condition allows them to do that or to come to Council and submit proof that the impacts have been mitigated. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:55 p.m. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- - 25, approving a Local Facilities Management Plan Amendment and Financing Plan for Local Facilities Management Zone 24. AYES: Lewis, Stanton, Nygaard and Finnila PRESENTATION: Ms. Kellie Deane gave a report on the San Diego County Hazardous Materials Program and explained about the drop-off event to be held Saturday, January 29, 1994 from 9:00 a.m. to 3:OO p.m. Hazardous materials can be dropped off at the Public Safety Center and Ms. Dean stated that fact sheets giving details have been placed at the Libraries and the Senior Center. /6 e 0 January 18, 1994 Page 6 RECESS: Mayor Lewis declared a recess at 7:05 p.m., and Council re-convened at 7:12 p.m., with four Members present and Council Member Kulchin absent. PUBLIC HEARINGS: (Continued) 53 16. AB #12,558 - PROPOSED FRANCHISE EXTENSIONS FOR DANIELS CABLEVISION. Mayor Lewis opened the duly noticed Public Hearing at 7:20 p.m., and issued the invitation to speak. Joni Odum, President of Daniels Cablevision, presented a video and gave a report on the history, expansion and services of Daniels Cablevision. Don Friedlander, 2245 Nob Hill Driie, spoke in opposition to extending the franchise for Daniels Cablevision. He said they serve the needs of only a portion of the community. Mr. Friedlander stated he objects to the large cablevision boxes that are placed on the public right-of-way. He has a large one near his home and he feels this is visually detrimental to his property. Eileen Olson, 3083 Madison Street, representing the Carlsbad Girls Club and the Christmas Bureau, spoke in favor of the franchise extensions, stating Daniels Cablevision has been very generous to the Girls Club and the Christmas Bureau. Fred Morey, 1618 Abedul Street, spoke in favor of the extensions and staff recommendations. Mike Kaul, 3127 Vista Rico, owner of La Costa Florist, spoke in favor of the extensions as a customer and small business owner. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:07 p.m. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- 30, approving two five-year extensions to Daniels Cablevision, Inc., franchise with the. City of Carlsbad; and introduced ORDINANCE NO. NS-268, amending Title 5 of the Carlsbad Municipal Code by amending Section 5.28.050; and to amend Section 5.28.040 (a) to increase the annual Franchise Fee to five percent. AYES: Lewis, Stanton, Nygaard and Finnila CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Water District at 8:13 p.m., and re-convened at 8:36 p.m., with four Members present and Council Member Kulchin absent. PUBLIC COMMENT: There were no requests to address Council on a non-agenda item. t5 I * 0 January 18,1994 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 69 17. AB #12.553 - PARKS AND RECREATION COMMISSION APPOINTMENT. This item was continued until a full Council is present. COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. ANNOUNCEMENT Mayor Lewis announced that all Council Members have been invited to attend the events this Thursday, Friday, Saturday and Sunday relating to the San Diego Marathon. ADJOURNMENT By proper motion, the Regular Meeting of January 18, 1994, was adjourned at 8:45 p.m. Respectfully submitted, -dQ-J=-+ ALETHA L. RAUTENKFWNZ City Clerk Harriett Babbitt Minutes Clerk 14