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HomeMy WebLinkAbout1994-07-12; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 12,1994 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~~ ~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:07 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Regular Meeting held June 14, 1994. Minutes of the Special Meeting held June 21 , 4 994. Minutes of the Regular Meeting held June 21, 1994. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of Consent Calendar, Items 1 through 8, 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. 60 1. AB #12,765 - RENEWAL OF EXCESS WORKERS, COMPENSATION INSURANCE. 45 Council adopted RESOLUTION NO. 94-1 88, authorizing the renewal of the City’s Excess Workers’ compensation insurance coverage with Employers Reinsurance. 54 2. AB #12,766 -AMENDMENTS TO CONSULTANT AGREEMENT FOR DESIGN OF THE LA COSTA 45 AVENUE/I-5 INTERCHANGE PROJECT. Council adopted RESOLUTION NO. 94-189, approving Amendment Nos. 2 and 3 to the agreement with Boyle Engineering Corporation for additional design and archeological work required for the La Costa Avenuejl-5 Bridge, Project No. 3219. 175 0 0 84 45 48 77 99 26 45 74 97 45 72 July 12, 1994 Page 2 CONSENT CALENDAR: (Continued) 3. AB #12,767 - ANNUAL TREE TRIMMING CONTRACT. Council adopted RESOLUTION NO. 94-1 90, awarding the contract to Henderson Tree Service for the annual tree trimming services. 4. AB #12,768 - RESULTS OF SPECIAL MUNICIPAL ELECTION HELD JUNE 7, 1994. Council adopted RESOLUTION NO. 94-191, declaring the results of the Special Municipal Election held June 7, 1994. 5. AB #12,769 - CT 933/CP 93-2, POlNSRTlA HILL ANNEXATION TO COMMUNITY FACILITIES DISTRICT NO. 1. Council adopted RESOLUTION NO. 94-147, certifying and adding property to the existing Community Facilities District No. 1. 6. AB #12,770 - AWARD OF CONTRACT FOR REPAIRS TO BIOLOGICAL MITIGATION ALONG PALOMAR AIRPORT ROAD, PROJECT NO. 3401. Council adopted RESOLUTION NO. 94-1 92, accepting bids and awarding a contract to Tarzian Landscape of Carlsbad for repairs to the biological mitigation for the Palomar Airport Road West Assessment District AD 86-1. 7. A6 #12,782 - REVISION OF HOUSING SPECIALIST II CLASSIFICATION. Council adopted RESOLUTION NO. 94-203, approving the revision of the classification and establishing the salary range for the Housing Specialist II. 8. AB #12,783 - AWARD OF CONTRACT FOR EXTENSION OF AVENIDA ENCINAS, PROJECT NO. 341 6. Council adopted RESOLUTION NO. 94-204, accepting bids and awarding the contract for the extension of Avenida Encinas to West Coast General Corporation. - ORDINANCE FOR ADOPTION: 9. AB #12,771 - PARKING RESTRICTION ON BAYSHORE DRIVE. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS- addition of Section 10.40.083, to declare a NO PARKING zone on Bayshore Drive between the hours of 11 :00 p.m. and 5:OO a.m., seven days a week. - 285, amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code by the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 177 0 0 July 12, 1994 Page 3 PUBLIC COMMENT: Maurice Kimball, 1623 James Drive, stated that Sandy Wilson, a former City employee in the Library, had passed away. Leslie Tanner, President of the Lanikai Lane Homeowners Association, 6550-30 Ponto Drive, stated that Lanikai Lane Mobile Home Park is a family park, with young couples in their first home, and seniors. She stated when the rent survey was taken at the mobile home parks, both the owners and the residents agreed to abide by the outcome of the study. The study proved that rents were higher than fair market values. She stated that the ordinance affects only mobile home parks, and that only people included under the ordinance would pay the costs of administering the ordinance; the general taxpayer will not pay any of these costs. She asked the public not to be misled by misinformation regarding the mobile home park rent control ordinance. Robert Payne, P. 0. Box 3073, stated that the paid professionals who gathered signatures for the referendum petition on the mobile home park rent control ordinance were not Carlsbad residents, and that he had given the name and address of one of them to the City Clerk. CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:16 p.m., and re-convened at 6:17 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:17 p.m., and re-convened at 6:18 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 48 10. AB #12,772 - GREEN VALLEY INITIATIVE REQUEST. The staff report was presented by Community Development Director, Marty Orenyak, and Planning Director, Michael Holzmiller, and included a brief history of the matter and an outline of the alternatives contained in the agenda bill. Mr. Orenyak explained that, in response to citizen input and concerns about the Green Valley project, and after review of major development projects along the border of Carlsbad and Encinitas, staff has worked out an agreement with the City of Encinitas regarding the construction of various circulation element roadways, which includes a joint SANDAG traffic study. Mr. Orenyak explained that the Green Valley project will have to go back through the planning and environmental review process to be re-analyzed, which will require new public hearings at all levels of the process, and should take approximately six months. /?3 0 0 July 12, 1994 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Holzmiller, with the use of transparencies, compared the amount of development allowed for the property under the current General Plan, as proposed currently for the Green Valley project, and as set by the initiative wording. He explained that, under the current General Plan, up to 60 percent of the property would be allowed to develop. As currently proposed, the Green Valley project would be allowed to develop 30 percent of the property. Under the Green Valley Initiative, only 12 percent of the property would be allowed to develop. He stated that staff is concerned about the feasibility of a project which would be limited to developing only 12 percent of the property, especially in light of the costs which would be required for public improvements. It was also explained by staff that the issue of whether or not a general plan can be amended by initiative is pending before the State Supreme Court with a decision not expected before next year, and that an election on this matter, either general or special, may be moot. Ben Smith, 3017 Azahar Court, spoke in favor of the City placing the initiative on the November ballot to allow citizens to vote on the Green Valley project and to save the expense of a special election. He stated that a regional shopping center is planned for that project, which is a matter of C-ty-wide concern. Dolores Weky, 2076 Sheridan Road, Leucadia, spoke of the practicality of placing the initiative on the November ballot, rather than requiring signatures to be collected to require a special election that will cost over $100,000. She stated this property was annexed so late, that it was not completely covered by the General Plan. Mrs. Web stated that the General Plan allows so much density that almost any plan submitted is a reduction. Robert Payne, P. 0. Box 3073, read from a prepared statement, copy of which is on file in the City Clerk’s Office. He requested the Green Valley initiative be placed on the November ballot by Council. He stated the signatures could not be verified by July 7, and that they will continue to collect signatures if the matter is not placed on the November ballot. He reiterated their request to vote on the matter, and stated that the only question remaining is the date of the vote and at what cost. Inez Yoder, 7738 Madrilena Way, urged the placing of the initiative as written on the November ballot. She stated that the initiative conforms to the General Plan and Growth Management Plan. Steve Perry, 2011 Cumbre Court, Carlsbad Citizens Group for Regional Planning, spoke in support of placing the initiative on the ballot in November; Rich Barnes, 7623 Rustic0 Drive, Carlsbad Citizens Group for Regional Planning, asked Council to place the initiative on the November ballot. He stated they will collect more than the 15 percent signatures within the time frame, and that a special election would be a waste of the City‘s money. Rinus Baak, Carlsbad Partners, Ltd., Green Valley Crossings, 21 11 Palomar Airport Road, Suite 100, read a letter dated July 12, 1994, copy of which is on file in the City Clerk’s Office. Mr. Baak stated the owners of the property oppose an initiative being placed on the ballot, and that they are working with staff to resolve the traffic issues and concerns. He dated that the initiative petition ignores due process, pre-empts property rights and penalizes the applicant for following City requirements. I 3 a 0 0 July 12, 1994 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Dawne Dimas, 2123 Pintoresco Court, asked Council to consider putting the initiative on the ballot. Mayor Lewis suggested that Mr. Payne and Mr. Barnes, and five others from their group be selected to meet with staff and the applicant to work out a compromise on this project. He also recommended that a workshop be scheduled as soon as the traffic study is completed. Council concurred with the Mayor's recommendations. ACTION: On motion by Council Member Finnila, Council received and filed the report and took no action to place the Green Valley initiative on the November 1994 ballot; Council instructed staff to work with a committee from tRe Green Valley Group, including Mr. Payne and Mr. Barnes, to explore all alternatives; and Council instructed staff to hold a workshop in the La Costa area as soon as the traffic study is completed. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 97 19. AB #12,773 - AGREEMENT WITH ENCINITAS FOR THE CONSTRUCTION OF VARIOUS 45 CIRCULATION ELEMENT ROADS. Rinus Baak, 21 11 Palomar Airport Road, Suite #loo, commended staff for the work on this agreement and requested approval of the agreement. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- - 193, approving the agreement between the City of Carlsbad and the City of Encinitas for the construction of various circulation element roads within the Cities of Carlsbad and Encinitas, and authorizing the Mayor to execute the agreement. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 106 12. AB #12,774 - UTILITY UNDERGROUNDING PROGRAM REVISION. ACTION: On motion by Mayor Pro Tem Stanton, Council approved the Utility Undergrounding Program of projects as recommended by the Underground Util'ty Advisory Committee, as shown on Exhibit '2, dated May 26, 1994. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila /7/ e 0 67 28 28 28 62 28 28 July 12, 1994 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 13. AB #12.781 - AMENDMENTS TO THE MUNICIPAL CODE RELEVANT TO THE COMMUNITY SERVICES DEPARTMENT. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- Chapter 9 1.24, Chapter 1 1.32 and Chapter 21.38 of the Carlsbad Municipal Code to add references to the Community Services Director and the Community Services Department. - 286, amending various sections of Chapter 2.48, Chapter 6.08, Chapter 11.12, AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila The following apDointments were made by one motion and one vote: ACTION: Qn motion by Mayor Lewis, Council adopted the following Resolutions: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 14. AB #12,775 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. Council adopted RESOLUTION 94-194, appointing Joe Valenti to the Historic Preservation Commission. 15. AB #12,776 - HOUSING COMMISSION APPOINTMENT. Council adopted RESOLUTION NO. 94-195, appointing Bob Rose to the Housing Commission. 16. AB #12.777 - CARLSBAD PERSONNEL BOARD APPOINTMENTS. Council adopted RESOLUTION NO. 94-4 96, and RESOLUTION NO. 94-1 97, appointing Robert Richards and Donald Martin to the Personnel Board. 17. AB #12,778 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. Council adopted RESOLUTION NO. 94-1 98, re-appointing Dr. Thomas Curtin to the Library Board of Trustees. 18. AB #12,779 - CARLSBAD ARTS COMMISSION APPOINTMENT. Council adopted RESOLUTION NO. 94-199, appointing Susan Pynes to the Arts Commission. 19. AB #12,780 - BEACH EROSION COMMllTEE APPOINTMENTS. Council adopted RESOLUTION NO. 94-200, RESOLUTION NO. 94-201 AND RESOLUTION NO. -9 94-202 appointing Michael Howes and re-appointing Ramona Reasons and David Williams to the Beach Erosion Committee. /30 e m July 12, 1994 Page 7 COUNCIL REPORTS: Council Members reported on the activities and meetings of the various committees and sub-committees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of July 12, 1994, was adjourned at 8:17 p.m. Respectfully submitted, u%iiiii& Assistant City Clerk Harriett Babbitt Minutes Clerk /b ?