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Home My WebLink About1995-02-14; City Council; Minutes (2)i 0 0 MINUTES MEEFING OF: CITY COUNCIL (Regular Meeting) DATE OF MEEFING: February 14,1995 TIME OF ME€llNG: 6:OO p.m. PLACE OF MEmNG: Ci Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:03 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. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Nygaard, the Minutes of the following Meetings were approved as presented: Minutes of the Special Meeting held January 24, 1995. Minutes of the Regular Meeting held January 24, 1995. Minutes of the Special Meeting held February 7, 1995. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PRESENTATION: Mayor Lewis stated Council wanted to recognize the outstanding efforts of the United Way Committee. Sue Spickard, Senior Center Coordinator and Co-Chair of the Committee, gave the results of the 1994 United Way Campaign, stating that the employees of the City of Carlsbad donated $24,975.00. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the action of the Consent Calendar, Items #I through #5, 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. 20 1. AB #13,020 - SETTING A PUBLIC HEARING FOR THE DECLARATION OF A-PUBLIC NUISANCE ON VACANT PROPERTY. Council adopted RESOLUTION NO. 9536, setting a public hearing for March 7, 1995, to consider declaring a public nuisance on vacant property on El Camino Real owned by Carlsbad Partners, Limited, (APN 255-01 1-13-00). 3l? 0 0 February 14, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 84 2. AB #13,021 - PURCHASE OF TRUCK AND TRUCK-MOUNTED PAINT STRIPER. Council adopted RESOLUTION NO. 9537, awarding the bid in the amount of $138,955.55 to M--B Companies, Inc., for a truck and truck-mounted paint striper. 74 3. AB #13,022 - SETTLEMENT OF WORKERS' COMPENSATION CLAIMS OF SANDRA MULHALL. Council adopted RESOLUTION NO. 95-38, approving a Compromise and Release in settlement of the Workers' Compensation Claims of Sandra Mulhall and authorizing payment of $26,000. 74 4. AB #13,023 - SETLEMENT OF WORKERS' COMPENSATION CLAIMS OF RALPH GONZALES. Council adopted RESOLUilON NO. 95-39, approving the Compromise and Release in settlement of the Workers' Compensation Claims of Ralph Gonzales and authorizing payment of $33,500. 78 5. AB #13,024 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Council authorized Police Service Aid Patti Wehling to travel to Duluth, Minnesota, to attend the Coordinated Community Response Training for the period February 26 through March 3, 1995. ORDINANCES FOR ADOPTION: 30 6. AB #13,025 - REVISION TO CHAPTER 18.07 OFTHE CARLSBAD MUNICIPAL CODE REGARDING UNREINFORCED MASONRY BUILDINGS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- - 303, amending Title 18, Chapter 18.07, entitled "Unreinforced Masonry Buildings". AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 114 7. AB #13,035 - DEVELOPMENT AGREEMENT ZONE CODE AMENDMENT AND LOCAL COASTAL 77 PROGRAM AMENDMENT - ZCA 94-1 /LCPA 94-1. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- 302, amending Title 21, Chapter 21.70 of the Carlsbad Municipal Code to make thechapter applicable to any project for which a development agreement is proposed; to change all references from Land Use Planning Manager to Planning Director; and to add additional requirements for development agreements. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBUC COMMENT: There were no requests to address the Council on a non-agenda item. 31 9 m February 14, 1995 CITY COUNCIL Page 3 PUBLIC HEARING: 8. AB #13,026 - AFFORDABLE HOUSING LOCAL COASTAL PROGRAM AMENDMENT - LCPA 94-2. Council Member Kulchin stated her concern with certain sections of the Second Dwelling Unit Ordinance No. NS-283 (ZCA 92-4), and suggested Council review it in June of 1995 instead of 1996. ACTION: By consensus, Council directed staff to bring the Second Dwelling Unit Ordinance 77 to Council for review in June, 1995. Mayor Lewis opened the duly noticed Public Hearing at 6:16 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 RESOLUTION NO. 95 40, approving an amendment to all six segments of the Carlsbad Local Coastal Plan to make the Zoning Code (which functions as the implementing ordinance for the Local Coastal Program) and the Local Coastal Program consistent by amending various chapters of the Zoning Ordinance dealing with Senior Citizen Housing and Second Dwelling Units. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:17 p.m., and re-convened at 7:28 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #13,027 - REQUEST FOR REFUND OF CASH DEPOSIT FOR LUPINE ROAD. 99 97 Curt Noland, Hillman Properties, 201 1 Palomar Airport Road, stated he concurred with the City Engineer’s history of this road. He stated the developer would like to have Council’s decision on whether Lupine Road will be installed. Mr. Noland requested the release of their deposit. ACTION: On motion by Mayor Pro Tem Nygaard, Council stated their intent to use the developer’s deposit to construct full improvements on Lupine Road, remove the gate from the public right-of-way, and to open Lupine Road to through traffic; and directed that a public hearing be held with adjacent Seaport and Aviara residents concerning the matter. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 754 p.m., and Council re-convened at 8:02 p.m., with all five Members present. 36 0 0 February 14, 1995 CITY COUNCIL Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 39 10. AB #13,016 - ANNUAL REVIEW OF CITY INVESTMENT POLICY. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 33, revising the City’s investment policy. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 76 11. AB #13,028 - AUTHORIZATION FOR PLANNING COMMISSION SUBCOMMITTEE. In response to Council query, Mike Holzmiller, Planning Director, stated that the Planning Commission had requested this subcommittee due to the concerns of members of the Commission that the standards for setbacks, floor area ratios and definitions of driveways versus streets were not sufficient. Craig Benedetto, Building Industry Association of San Diego County, 6336 Greenwich, San Diego, spoke in opposition to the appointment of a Planning Commission subcommittee, stating the guidelines that are in place are sufficient and have been followed by the building industry. Doug Avis, 2300 Alga Road, representing Fieldstone, Kaiza Poinsettia and Benchmark Pacific, stated the guidelines that are in place in Carlsbad are very strict, and he urged the Council not to move ahead with this proposed subcommittee. He added that if a subcommittee were appointed, he would volunteer his time and would encourage the Council to include members of the community and, if possible, a Council Member. ACTION: On motion by Council Member Finnila, Council directed staff to solicit input from the development community, Planning Commission and Planning staff, and to return with a report identifying specific items which need clarification in the following areas: 1. Minimum standards for required setbacks in the residential zone, particularly the minimum separation between buildings; 2. Floor area ratios for residential structures; and 3. Sections of the Planned Development Ordinance relating to driveways. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 27 12. AB #13,029 - 1993-94 ANNUAL FINANCIAL REPORT. ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted the 1993-94 City of Carlsbad Comprehensive Annual Financial Report (CAFR), the Single Audit Report and the annual reports for the Parking Authority, the Public Improvement Corporation and the Redevelopment Agency. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 35 e a February 14, 1995 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 50 13. AB #13,033 - MID-YEAR FINANCIAL REPORT FOR FISCAL YEAR 1994-95. 74 ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted and filed the Financial Status Report for Mid-Year 1994-95 and adopted RESOLUTION NO. 9543, adding one Equipment Mechanic II position to the City Personnel Allocation. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 64 14. AB #13,030 - ACQUISITION OF SDG&E-OWNED STREET LIGHTING SYSTEM. 45 ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95 - 41, approving the execution of an agreement for conveyance and operation of street lighting facilities which endorses Council approval for City acquisition of 685 San Diego Gas & Electric-owned and maintained street lights; and adopted RESOLUTION NO. 9542, authorizing the transfer of $318,539 from the Street Lighting Assessment Fund balance to the FY 94-95 Street Lighting Budget for purchase of an SDG&E Street Lighting System within the City of Carlsbad. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 72 15. AB #13,031 - ESTABLISHMENT OF TWO-HOUR PARKING TIME LIMIT AT THE CARLSBAD COMMUNITY SWIM COMPLEX. ACTION: On motion by Mayor Pro Tern Nygaard, Council introduced ORDINANCE NO. NS- 304, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the revision of Section 10.40.076 to declare "two-hour parking 24-hours per day seven days per week" for the twenty-five parking spaces in the parking lot directly east of the Carlsbad Community Swim Complex. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 55 16. AB #13,032 - SOLID WASTE ISSUES UPDATE. Assistant City Manager Frank Mannen gave an update on solid waste issues. 28 17. AB #13,034 - SENIOR COMMISSION APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 9544, appointing Linwood Van to the Senior Commission, AYES: Lewis, Nygaard, Kulchin, Finnila and Hall COUNCIL REPORTS: There were no Council Reports. 3Y e .@ February 14, 1995 CITY COUNCIL Page 6 ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Planning Commission meeting, on Wednesday, February 15, 1995, in the Council Chambers, at 6:OO p.m. The Carlsbad YES meeting, at St. Patrick’s Catholic Church, on Wednesday, February 15, 1995, at 12:OO noon. ADJOURNMENT: By proper motion, the Regular Meeting of February 14, 1995, was adjourned at 9:40 p.m. Respectfully submitted, ALETHA &-txL/- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 33