HomeMy WebLinkAbout1994-12-05; City Council; Minutes1 0 0
MINUTES
MEETING OF CITY COUNCIL (Regular Meeting)
DATE OF MEETING: December 5,1995
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:OO p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Council Members Hall, Finnila, Mayor Pro Tem Nygaard and Mayor Lewis.
Absent: Council Member Kulchin.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
PRESENTATION:
Mayor Lewis presented a Proclamation to Bob Sullivan of the Pearl Harbor Survivors Association for
NATIONAL PEARL HARBOR REMEMBRANCE DAY, DECEMBER 7,1995.
APPROVAL OF MINUTES:
None.
ANNOUNCEMENT:
Mayor Lewis announced that Council Members have been invited to attend and participate in the
following event:
Ribbon Cutting, Holiday Poinsettia Celebration at the Flower Fields, Palomar Airport Road and Paseo
del Norte, on Sunday, December 10, 1995, at 11 :30 a.m.
CONSENT CALENDAR:
Items #2 and #lo were removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously
affirmed the action of the Consent Calendar, Items #1 through
#12, with the exception of Items #2 and #lo, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
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December 5, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
50 1. AB #13,410 - AWARD OF CONTRACT FOR PROVISION OF BANKING SERVICES AND 39 AUTHORIZATION FOR DESIGNATED STAFF TO SIGN CITY CHECKS. 45 Council adopted RESOLUTION NO. 95-331, awarding a contract to First Interstate Bank for the
provision of banking services and custodial services for the city of Carlsbad; and
adopted RESOLUTION NO. 95-332, giving the City Treasurer and certain designated staff the
authority to sign checks drawn on the city’s general checking account within certain limitations.
104 2. AB #13,411 -AUTHORIZATION TO APPLY FOR TRANSPORTATION ENHANCEMENT ACTIVITIES
54 jTEA) FEDERAL AID AND ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM 45 FUNDS.
This item was removed from the Consent Calendar.
44 3. AB #13,412 - APPROVAL OF SPECIAL COUNCIL AGREEMENT FOR COLLECTION OF 45 DELINQUENT ASSESSMENTS AND SPECIAL TAXES.
Council adopted RESOLUTION NO. 95-335, approving an agreement for legal services with the
law firm of Brown, Diven and Hentschke for collection of delinquent assessments and special
taxes.
23 4. AB #13,413 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANTS.
Council adopted RESOLUTION NO. 95-336, accepting grants from the California Arts Council in
the amount of $2,591 and appropriating the funds for visiting artists’ programs.
51 5. AB #13,414 - APPROVAL OF HOLD HARMLESS AGREEMENT WITH CARLSBAD FIREFIGHTER’S 45 ASSOCIATION.
Council adopted RESOLUTION NO. 95-337, approving a hold harmless agreement with the
Carlsbad Firefighter’s Association to allow storage of their antique fire engine at Fire Station No.
5.
99 6. AB #13,415 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP CT 90-26 - CALAVERA HEIGHTS VILLAGES W, X ANDY.
Council adopted RESOLUTION NO. 95-338, granting a one-year extension of time for Carlsbad
Tract 90-26, Calavera Heights Villages, W, X and Y.
99 7. AB #13,416 - APPROVAL OF FINAL MAP FOR CT 92-1 - COSTA DO SOL.
Council adopted RESOLUTION NO. 95-339, approving a prepayment agreement with Greystone
Homes, Inc., to guarantee financial participation in the funding of Alga Road and Poinsettia Lane,
and approving the final map for Carlsbad Tract CT 92-1, Costa Do Sol.
28 8. AB #13,430 - AUTHORIZATION TO INITIATE INTERNAL STRATEGIC PLANNING PROCESS.
Council adopted RESOLUTlON NO. 348, authorizing the initiation of an Internal Strategic Planning
Process and appropriating funds in the amount of $75,000 to fund the process.
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December 5, 1995 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
28 9. AB #13,417 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR HUD TRAINING.
Council authorized Management Analyst Leilani Hines and Accountant Barbara Honig to attend
the U. S. Department of Housing and Urban Development’s Integrated Disbursement Information
System training session to be held from March 25 - 29, 1996, in Washington, D.C.
1i3 IO. AB m3.427 - CLARIFICATION OF COUNCIL POLICY REGARDING DEFERRAL OF CERTAIN FEES
FOR THE VILLA LOMA PROJECT (SDP 93-62.
This item was removed from the Consent Calendar.
73 11. AB #13,426 - RETENTION OF LEGAL SERVICES FOR PROCEEDINGS INVOLVING SDG&E.
Council adopted RESOLUTION NO. 95-340, authorizing the City Attorney to associate with the
law firm of Allan J. Thompson, Esq., in legal or administrative proceedings involving SDG&E’s
Special Use Permit for dredging Agua Hedionda Lagoon (SUP 92-4).
99 12. AB #13,431 - APPROVAL OF FINAL MAP FOR CT 9035 - AVIARA PLANNING AREA 29.
Council adopted RESOLUTION NO. 95-349, approving the final map for CT 90-35, Aviara Planning
Area 29.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
104 2. AB #13,411 -AUTHORIZATION TO APPLY FOR TRANSPORTATION ENHANCEMENT ACTIVITIES 54 nEA) FEDERAL AID AND ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
45 FUNDS .
Ron Wootton, Executive Director, Buena Vista Lagoon Foundation, stated that the Buena Vista
Lagoon Boardwalk should be considered for TEA funding, as it is a heavily used area and the only
place to walk between Oceanside and Carlsbad. He stated that pedestrians use the bike path at
this time and it is very dangerous, and asked Council to reconsider the priorities and apply for
funding for this project.
Mayor Lewis stated that this project has been included in the City’s request for several years but
had not been given high enough priority to receive funding.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 95-
333, (as amended) authorizing staff to apply for funds under the Federal
Transportation Enhancement Activities (TEA) Program for the Palomar Airport
Road/l-5 Interchange, the Coastal Rail trail and the Buena Vista Lagoon
Boardwalk; and
adopted RESOLUTION NO. 95-334, authorizing staff to apply for State
Environmental Enhancement and Mitigation Program funds for the Palomar Airport
Road/l-5 Interchange enhancement;
AYES: Lewis, Nygaard, Finnila and Hall
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December 5, 1995 CITY COUNCIL Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
113 10. AB #13,427 -CLARIFICATION OF COUNCIL POLICY REGARDING DEFERRALOF CERTAIN FEES
FOR THE VILLA LOMA PROJECT (SDP 93-61.
Council Member Hall stated he cannot support this item as he felt it was not fair to make an
exception for this project alone.
Don Terner, President, Bridge Housing Corporation, San Francisco, stated they are happy to be
partners with the City of Carlsbad on this project and that this action will save the project
approximately $180,000, which can be a net benefit to the City.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 347, allowing the deferral of payment of water connection fees for the Villa Loma
Project until the time of issuance of the final certificate of occupancy.
AYES: Lewis, Nygaard and Finnila
NOES: Hall
ORDINANCES FOR ADOPTION:
67 13. AB #13,418 - PROHIBITION OF SKATEBOARDING IN DOWNTOWN AREA OF CARLSBAD AND
OTHER SPECIFIED AREAS.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- - 339, amending Title 10, Chapter 10.58 of the Carlsbad Municipal Code to prohibit
skateboarding within the downtown area of Carlsbad and on certain portions of
the sidewalk along Carlsbad Boulevard, the Senior Center parking lot and City
Hall.
AYES: Lewis, Nygaard, Finnila and Hall
28 14. AB #13,419 - VILLAGE MASTER PLAN AND DESIGN MANUAL - ZCA 95-1O/MCA 95-1. 114 Green This item was continued to the next meeting for a full Council.
3-02 15. AB #13,420 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF CALLE ACERVO.
ACTION: On motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-
amendment of Section 10.44.510 to establish a 30 mile per hour prima facie
speed limit on Calle Acervo from Camino De Los Coches to its intersection with
Calle San Blas.
- 338, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the
AYES: Lewis, Finnila and Hall
ABSTAIN: Nygaard
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December 5, 1995 CITY COUNCIL Page 5
ORDINANCES FOR ADOPTION:
102 16. AB #13,421 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF CALLE BARCELONA.
ACTION: On motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-
amendment of Section 10.44.340 to establish a 30 mile per hour prima facie
speed limit on Calle Barcelona from Rancho Santa Fe Road to its intersection with
Calle Acervo.
- 331, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the
AYES: Lewis, Finnila and Hall
ABSTAIN: Nygaard
114 17. AB #13,422 - EXTENSION OF TEMPORARY COMMUNITY DIRECTIONAL SIGN PROGRAM - ZCA 95-1 1.
ACTION: On motion by Council Member Finnila, council adopted ORDINANCE NO. NS- - 337, amending Title 21, Chapter 21,46 of the Carlsbad Municipal Code by the
amendment of Section 21.41.076 to extend the temporary community directional
sign ordinance until June 1, 1996.
AYES: Lewis, Finnila and Hall
ABSTAIN: Nygaard
PUBLIC COMMENT:
There were no requests to address Council.
PUBLIC HEARINGS:
30 18. AB #13,423 - ADOPTION OF VARIOUS 1994 UNIFORM CODES.
Mayor Lewis opened the duly noticed Public Hearing at 6:35 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 Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-
333, amending Title 18 by the amendment of Chapter 18.04 to adopt by reference the Uniform Building Code (1994 Edition) and the Uniform Building Code
Standards (1994 Edition); and
adopted ORDINANCE NO. NS-334, amending Title 18, Chapter 18.16, by the
amendment of Sections 18.1 6.01 0,18.16.070,18.16.120,18.16.130 and 18.1 6.160
of the Carlsbad Municipal Code to adopt by reference the Uniform Plumbing Code
(1994 Edition); and
adopted ORDINANCE NO. NS-335, amending Title 18, Chapter 18.08 of the
Carlsbad Municipal Code to adopt by reference the Uniform Mechanical Code
(1994 Edition); and
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December 5, 1995 CITY COUNCIL Page 6
PUBLIC HEARINGS: (Continued)
Council adopted ORDINANCE NO. NS-330, amending Title 18, Chapter 18.12 to adopt
by reference the National Electrical Code (1993 Edition).
AYES: Lewis, Nygaard, Finnila and Hall
51 19. AB #13,429 - ADOPTION OF THE 1994 EDITION OF THE UNIFORM FIRE CODE.
Mayor Lewis opened the duly noticed Public Hearing at 6:38 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 Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-
332, amending Title 17 of the Carlsbad Municipal Code to adopt by reference the
1994 Edition of the Uniform Fire Code, with amendments.
AYES: Lewis, Nygaard, Finnila and Hall
JOINT CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION MEETING:
The joint City Council and Housing and Redevelopment Commission meeting was convened at 6:40 p.m.,
with four Council/Commission Members present and Council Member/Commissioner Kulchin absent.
PUBLIC HEARING:
Green 20. AB 13,424 - CARLSBAD BY THE SEA LUTHERAN HOME - LCPA 95-7/RP 94-6ECA 95-12. 114 77 Mayor/Chairman Lewis opened the duly noticed Public Hearing at 6:58 p.m., and issued the invitation to speak.
Jim Doyle, 2855 Carlsbad Boulevard, Chief Financial Officer and Developer, Carlsbad By The Sea
Lutheran Home, gave a brief history of the Home. He requested approval of the project, stating
that this process had taken two and one-half years to complete.
Jack Balistreri, 1565 Hotel circle South, San Diego, representing the owners of the Town Square
property, stated they have concerns regarding the parking. He stated his clients have private
sewer rights under Parcel B and their concerns have been voiced at earlier hearings. Mr. Balistreri
said that some of those concerns have been addressed; but that without mitigation of the sewer
rights question and the underground parking, this project will be in serious jeopardy. He also
questioned where the employees will park and whether the commercial strip and parking will, in
fact, be a reality.
Mr. Doyle stated they are proposing retail use on Carlsbad Boulevard, and are well aware of the
conditions for the project that require that the private rights of the sewer easement held by the
Town Square property owners be protected.
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December 5, 1995 CITY COUNCIL Page 7
PUBLIC HEARING: (Continued)
Lucile Thomas, 2855 Carlsbad Boulevard, resident of Carlsbad By The Sea Lutheran Home, spoke
in favor of the project and stated the people living there are waiting for their dreams to become
a reality and asked for approval of the project.
Pat O’Day, O’Day Consultants, 7220 Avenida Encinas, Project Engineer, responded that there is
a way to service the sewer within the easement, but that it has not been designed at this time.
He stated that the sewer flow will not be interrupted and there will be access to work on the pipe,
if it does break.
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Hearing at 7:26 p.m.
Council Member/Commissioner Finnila requested enhancement of the approach to the ocean on
the Grand Street promenade. Staff stated the applicant has agreed to this.
Council Member/Commissioner Hall stated he would like enhancement of the commercial frontage.
Staff proposed the addition of the following two conditions:
1.) Prior to the issuance of building permits for Parcel B, the applicant shall redesign the
ground level commercial storefront utilizing the 20’ setback area to provide facade
projections and recesses for visual interest in accordance with the Adopted Village Design
Guidelines and subject to Housing and Redevelopment Director approval.
2.) The entry to the public beach access located at the terminus of Grand Avenue shall be
enhanced possibly through sign replacement, the provision of light bollards and low-
growing landscaping to the satisfaction of the Planning Director prior to building
occupancy.
COMMISSION On motion by Commissioner Nygaard, the Housing and Redevelopment
ACTION: Commission adopted RESOLUTION NO. 272, approving a Mitigzted Negative
Declaration, LCPA 95-7, RP 94-6 and CDP 94-6 for Carlsbad By The Sea Lutheran
Home, as amended to include the addition of the two new conditions referenced
above; and
COUNCIL On motion by Mayor Pro-Tem Nygaard, Council introduced ORDINANCE NO. NS-
ACTION: 340, amending Title 21, Chapter 21.35 of the Carlsbad Municipal Code by
amending Section 21.35.020 to incorporate LCPA 95-7, which amends the V-R
Local Coastal Program segment.
AYES: Lewis, Nygaard, Finnila and Hall
DEPARTMENTAL AND CITY MANAGER REPORTS:
Item #21 was taken out of order and considered at this time during the joint City Council and
Housing and Redevelopment Commission meeting, since it relates to the Carlsbad By The Sea
Lutheran Home project.
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December 5, 1995 CITY COUNCIL Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
107 21. AB #13,428 - RESOLUTION OF INTENTION TO VACATE A PORTION OF CHRISTIANSEN WAY - PR 6.1 19.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- -, 346 declaring intention to vacate a portion of Christiansen Way between Carlsbad
Boulevard and Ocean Street; and set a public hearing for January 9, 1996.
AYES: Lewis, Nygaard, Finnila and Hall
ADJOURNMENT OF THE HOUSING AND REDWELOPMENT COMMISSION MEETING:
The meeting of the Housing and Redevelopment Commission was adjourned at 7:39 p.m.
RECESS:
Mayor Lewis declared a recess at 7:40 p.m., and Council re-convened at 7:48 p.m., with four Members
present and Council Member Kulchin absent.
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 7:48 p.m., and re-convened as Council at 8:18 p.m.,
with four Members present and Council Member Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10 7 21. AB #13,428 - RESOLUTION OF INTENTION TO VACATE A PORTION OF CHRISTIANSEN WAY -
PR 6.1 19.
This item was heard previously.
48 22. AB #13,425 - SPECIAL MUNICIPAL ELECTION - MARCH 26. 1996.
Mayor Lewis stated he would like the City Attorney to prepare an impartial analysis regarding the
effects of the Green Valley initiative on existing law and the operation of the measure.
Dr. Clifford Lange, Library Director, in reply to query from Mayor Lewis, stated that over four million
dollars has been spent on plans to build the library in the area where it is planned, and to start
over with plans in the Green Valley area would not be recommended.
David Bradstreet, Community Services Director, stated in reply to query from Mayor Lewis, that
the City plans for parks already include acreage over the standard required for parks in the
Southwest Quadrant, and no further open space is required.
Mayor Lewis stated he would like to be allowed to write an argument in opposition to the measure
and would also request that Mayor Pro Tem Nygaard also sign the argument.
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December 5, 1995 CITY COUNCIL Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95-
341, calling and giving notice of the holding of the Special Municipal Election to
be held in the City of Carlsbad on Tuesday, March 26, 1996, for the submission
of Green Valley initiative to the qualified electors; and
adopted RESOLUTION NO. 95-342, requesting the Board of Supervisors of the
County of San Diego to consolidate a Special Municipal Election to be held in the
City of Carlsbad on Tuesday, March 26, 1996, with the statewide Primary Election
to be held on that date pursuant to Section 10403 of the Elections Code; and
adopted RESOLUTION NO. 95-343, transferring funds for the Special Municipal
Election to be held on March 26, 1996; and
adopted RESOLUTION NO. 95-344, directing the City Attorney to prepare an
impartial analysis of the Green Valley initiative; and
adopted RESOLUTION NO. 95-345, authorizing certain of its Members to file a
written argument regarding the Green Valley initiative; inserting the names of
Mayor Lewis and Mayor Pro Tem Nygaard.
AYES: Lewis, Nygaard, Finnila and Hall
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and Subcommittees of which
they are Members.
Mayor Lewis announced that there would probably be more than two Council Members present at the
Planning Commission Meeting, tomorrow night, December 6, 1995, at 6:OO p.m., at the Safety Center, as
the Carlsbad Ranch/LEGO Master Plan will be on the Planning Commission Agenda for consideration.
ADJOURNMENT:
By proper motion, the Regular Meeting of December 5, 1995, was adjourned at 8:40 p.m.
Respectfully submitted, s& Assistant City erk
Harriett Babbitt
Minutes Clerk
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