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Home My WebLink About1994-12-13; City Council; MinutesI 0 0 MINUTES MEmNG OF: CRY COUNCIL (Regular Meeting) DATE OF MEmNG: December 13,1994 TIME OF MEHlNG: 6:OO p-m. PLACE OF MEETING: Ci Council Chambers ~~ ~~~ ~~~ ~~ CAUTO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. PRESENTATION: Mayor Lewis presented Certificates of Recognition to Library Literacy volunteers Carrie and Randy Scott upon their selection as Outstanding Volunteers of the Year 1994 for the State of California by the California Association of Trustees and Commissioners. APPROVAL OF MINUTES: None. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Encina Wastewater Farewell Luncheon for Margaret Stanton, at the Olympic Resort Hotel, Wednesday, December 14, 1994, 11 :00 a.m. Assemblyman Morrow’s Holiday Gathering, at the Oceanside City Hall, Wednesday, December 14, 1994, 5:30 p.m. The Annual City Employee Service Awards Breakfast, at Pea Soup Andersen’s Restaurant, Thursday, December 15, 1994, 7:OO a.m. Gross Development Company Open House, 5850 Avenida Encinas, Friday December 16,1994,4:00 p.m. North County Transit District Coaster Trip to San Diego, at the Oceanside Transit Center, Sunday, December 18, 1994, 3:OO p.m. The Community Services Department Holiday Potluck, at the Senior Center, Monday, December 19, 1994, 6:OO p.m. Police Department Awards Ceremony, at the Public Safety Center, Tuesday, December 20, 1994, 11 :00 a.m. (232 0 0 December 13, 1994 CITY COUNCIL Page 2 CONSENT CALENDAR: Items #1, #2 and #6 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the action of the Consent Calendar, Items 1 through 6, with the exception of Items #I, #3 and #6, as follows: AYES: Lewis, Nygaard, Kulchin, Finnila and Hall WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 77 1. AB #12,955 - AUTHORIZING THE PREPARATION OF DOCUMENTS TO ESTABLISH A MELLO- ROOS DISTRICT WITHIN THE CARLSBAD RANCH PROJECT - CFD NO. 3. This item was removed from the Consent Calendar. 105 2. AB #12,945 - AUTHORIZING SUBMITAL OF THE CITY'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE REPORT TO HUD. Council adopted RESOLUTION NO. 94-321, authorizing submittal of the City of Carlsbad's Draft Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report for Fiscal Year 1993-94 to the U. S. Department of Housing and Urban Development for review and approval. 74 3. AB #12,946 - ESTABLISHMENT OF JUVENILE JUSTICE PROGRAM COORDINATOR CLASSIFICATION. This item was removed from the Consent Calendar. 88 4. AB #12,947 - DESIGNATION OF SAN DIEGO COUNTY AS THE UNIFIED PROGRAM AGENCY FOR HAZARDOUS WASTE AND MATERIALS MANAGEMENT. Council adopted RESOLUTION NO. 94323, designating the San Diego County Department of Environmental Health as the Unified Program Agency for hazardous waste and hazardous materials management. 97 5. AB #12,948 - APPROVAL OF EXTENSION AND AMENDMENT TO CONSULTANT AGREEMENT 45 FOR AVENIDA ENCINAS EXTENSION - PROJECT NO. 3416. Council adopted RESOLUTION NO. 94324, approving an extension and amendment to the consultant agreement with Fraser Engineering for construction phase engineering services on the Avenida Encinas Extension. 81 6. AB #12,956 - APPROVAL OF PURCHASE AGREEMENT FOR PURCHASE OF PROPERTY AT PALOMAR AIRPORT ROAD AND COLLEGE BOULEVARD. This item was removed from the Consent Calendar. 2316 e 0 December 13, 1994 CITY COUNCIL Page 3 EMS REMOVED FROM THE CONSENT CALENDAR: 77 1. AB #12,955 - AUTHORIZING THE PREPARATION OF DOCUMENTS TO ESTABLISH A MELLO- ROOS DISTRICT WITHIN THE CARLSBAD RANCH PROJECT - CFD NO. 3. City Manager Ray Patchett stated that SDG&E wanted their letters dated December 7, regarding the Proposed Cannon Road West Fee Program, and December 13,1994, regarding the formation of a CFD for the improvements within the Carlsbad Ranch Specific Plan, made a part of the record. Copies of these two letters are on file in the City Clerk's Office. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- Communities Facilities District (CFD No. 3) to finance certain public improvements within the Carlsbad Ranch Project; and authorizing the retention of Brown, Diven and Hentschke to assist the City with the district formation process and to act as bond counsel; and Kadie, Jensen, Johnson and Bodnar to provide special tax and financial consulting services. - 326, directing staff to prepare documents for the establishment of a Mello-Roos AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 74 3. AB #12,946 - ESTABLISHMENT OF JUVENILE JUSTICE PROGRAM COORDINATOR CLASSIFICATION. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- - 322, adopting the classification of Juvenile Justice Program Coordinator, and amending the General Employees Classification and Salary Plan. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 81 6. AB #12,956 - APPROVAL OF PURCHASE AGREEMENT FOR PURCHASE OF PROPERTY AT PALOMAR AIRPORT ROAD AND COLLEGE BOULEVARD. Joe Valenti, 3491 Lawrence Street, spoke in opposition to the golf course, inquiring about the cash flow and green fees anticipated and the obligation of the City to maintain the course. He stated that the TOT fund does not have the money and the General Fund is needed for other things. Staff stated that there is a Golf Fund that was established following the June, 1989, election when a majority of the voters indicated they wanted a golf course and other facilities. That fund currently has more than two million dollars in it. City Attorney Ron Ball requested a correction on page one, line 6 of Resolution 94-327, to change "general election vote in November 1988" to read: "Special Election vote in June 1989". ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 94- 327, approving a purchase agreement with the Huntington Beach Company for theacquisition of 109 gross acres of property located at Palomar Airport Road and College Boulevard for the potential future development of a municipal golf course facility; as amended. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall Lc2q 5 0 0 December 13, 1994 CITY COUNCIL Page 4 PUBUC COMMENT: Maurice "MO" Kimball, 1623 James Drive, expressed concern about future development impacts on our water supply. He asked the City to please do something about the water situation and to recognize that it is the biggest problem in the City. John Jakobsen, 6822 Luciernaga Court, Project Manager for Leg0 Family Park, gave an update on the progress of the application for the Park. Joe Valenti, 3491 Lawrence Street, spoke in opposition to the golf course, representing the Homeowners Associations of the Calavera Hills area. He said they would like to use reclaimed water on their slopes, but none is available, and he questioned whether reclaimed water would be used on the proposed golf course. PUBUC HWRING: 114 7. AB #12,949 - AMENDMENT TO MUNICIPAL CODE REGARDING "A FRAME SIGNS - ZCA 94-4. Council Member Hall stated he would like this time extension to be one year, rather than six months. Council consensus was that it could be brought back in six months and extended again at that time, if necessary. Mayor Lewis opened the duly noticed Public Hearing at 6:40 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. City Attorney Ron Ball requested a correction in the title of Ordinance NS-296, to change the "June 1, 1995' date to read "June 30, 1995". ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS- 296, amending Title 21, Chapter 21.41 of the Carlsbad Municipal Code to extend thetime of approval of "A frame signs from January 1, 1995, to June 30, 1995. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall DEPARTMENTAL AND CITY MANAGER REPORTS: 57 8. AB #12,950 - BARRIO LAND USE PLAN ANALYSIS. Council Member Hall abstained from the discussion and vote on this item due to a possible conflict of interest, and left the dais. Ofelia Escobedo, 161 1 James Drive, representing Barrio Carlsbad Association, told of the benefits of the Centro de lnformacion, and thanked City staff for their work on the Plan. She requested approval of the Barrio Land Use Plan Analysis. 27 Y 0 a December 13, 1994 ClTY COUNCIL Page 5 DEPARTMENTAL AND ClTY MANAGER REPORTS: (Continued) ACTION: On motion by Council Member Finnila, Council accepted the Barrio Land Use Plan Analysis and recommendations, and directed staff to proceed with Phase I1 of the Barrio Land Use Plan Study. Staff is to provide information regarding: Spanish-speaking Dispatchers, Pine Street School acquisition, (with inclusion of possible child care), information on Centro de lnformacion, and the possibility of some type of shuttle service in the Northwest Quadrant between the various parking lots and City buildings. AYES: Lewis, Nygaard, Kulchin and Finnila ABSTAIN: Hall Council Member Hall returned to the dais. RECESS: Mayor Lewis declared a recess at 7:30 p.m., and Council re-convened at 7:37 p.m., with all five Council Members present. DEPARTMENTAL AND ClTY MANAGER REPORTS: (Continued) 70 9. AB #12,951 - CONTINUATION OF THE AGUA HEDIONDA LAGOON PATROL PROGRAM. Richard Keith Mahler, 451 9 Cove Drive, #7, Board Members of the Bristol Cove Property Owners Association, and a Member of the Subcommittee, spoke in favor of the Lagoon Patrol Program, stating there will be economic benefits to the City from the use of the Lagoon. Ken McJimsey, 4747 Marina Drive, #2, representing the Tu Casa Homeowners Association, spoke in favor of the Parks and Recreation Commission recommendations. Paul O’Neil, representing SDG&E, stated they would contribute something to the program, but the amount had not been determined. He also explained that they are working on having the inner and middle lagoons dredged. Note was made of a letter from the President of the Agua Hedionda Lagoon Foundation stating that they hoped the City would keep the Lagoon open for active recreation. They also stated that the fees should be increased for the users of the Lagoon. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 94- - 325, authorizing: 1) additional funding in the amount of fourteen thousand three hundred dollars ($14,300) for the continued operation of the Agua Hedionda Lagoon (AHL) Patrol Program; 2) an increase in the AHL Annual and Daily Use Permit fees effective January 1, 1995; and 3) establishing a self-sustaining goal of 65-70 percent for AHL Program operation; 4) and Council directed staff to request formal commitments from SDG&E to dredge the inner lagoon within the very near future and for a financial contribution toward the annual Patrol Program operation. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 29 3- ~ ~ ~~ Q 0 December 13, 1994 CITY COUNCIL Page 6 DEPARTMENTAL AND CIW MANAGER REPORTS: (Continued) 70 10. AB #12,952 - GRANTING OF CITATION POWER TO LAGOON PATROL. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS- addition of Section 11.24.137 authorizing the Community Services Director, Recreation Superintendent, Aquatics Supervisor and Lagoon Patrol Specialists to issue citations pursuant to Penal Code Section 836.5. - 297, amending Title 11, Chapter 11.24 of the Carlsbad Municipal Code by the AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 102 11. AB #12,953 - ESTABLISHMENT OF SPEED LIMIT ON PALOMAR AIRPORT ROAD FROM THE PRICE CLUB INTERSECTION TO THE EASTERLY CITY LIMIT. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS- - 298, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the amendment of Section 10.44.170 to establish a prima facie 55 mile per hour speed limit upon Palomar Airport Road from the Price Club signalized intersection to the east City limit. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 55 12. AB #12,954 - SOLID WASTE MANAGEMENT UPDATE. Assistant City Manager Frank Mannen gave an update on solid waste management, stating the Board of Supervisors rejected the proposed land use fee and they didn’t modify the rate. Therefore, the Solid Waste Authority will meet after their joint meeting with the County to determine their course of action. He also reported that the County had rejected the City’s offer to purchase the Palomar Transfer Station site. COUNCIL REPORTS: Council Members reported on the activities and meetings of the various Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of December 13, 1994, was adjourned at 8:48 p.m. Respectfully submitted, ALETHA l2ed3kip- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 272