HomeMy WebLinkAbout1995-04-04; City Council; Minutes0 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 4, 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 City Clerk, as follows:
Present Council Members Hall, Finnila, Kulchin, Mayor Pro Tern Nygaard and Mayor Lewis.
Absent: None.
INVOCATION was given by Pastor John Embree of the Church of New Hope.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
None.
PRESENTATION:
Mayor Lewis presented a Proclamation to Kathleen Apodaca-Marquez, honoring her as the 1995 Latina
of the Year.
CONSENT CALENDAR:
Mayor Lewis announced that Items #1, #2 and #11 would be removed from the Consent
Calendar, and Item #9 would be withdrawn and returned to staff.
ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the
action of the Consent Calendar, with the. exception of Items #1,
#2, #9 and #11, 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.
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April 4, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
74 1. AB #13,081 -APPROVAL OF CLASSIFICATION CHANGES IN THE ENGINEERING
DEPARTMENT.
This item was removed from the Consent Calendar.
99 2. AB #13,082 - APPROVAL OF RANCHO CARRILLO VILLAGES L, M, N, Q, R AND T (CT 93-4) -
VILLAGE 0 (CT 93-8/PUD 93-7) - VILLAGES F, G AND P (CT 93-7/PUD 93-6/SDP 94-12.
This item was removed from the Consent Calendar.
24 3. AB #13,083 - ACCEPTANCE OF FEDERAL GRANT IN SUPPORT OF CARLSBAD HABITAT
45 MANAGEMENT PLAN.
Council adopted RESOLUTION NO. 95-79, approving an agreement with SANDAG for Federal
grant funds in support of the City’s Habitat Management Plan, and approving an amended
consultant agreement with the Rick Alexander Company.
49 4. AB #13,084 - AUTHORIZATION FOR CITY ENGINEER TO SIGN HOLD HARMLESS LETTERS
FOR PROJECTS REQUIRING COASTAL PERMITS.
Council adopted RESOLUTION NO. 95-80, authorizing the City Engineer to sign hold harmless
agreement letters with the California Coastal Commission for all Coastal Permits requiring a
hold harmless agreement with the City.
54 5. AB #13.085 - AUTHORIZATION FOR ACQUISITION OF RIGHTS-OF-WAY FOR LA COSTA
AVENUE/I-5 INTERCHANGE - PROJECT NO. 3219.
Council adopted RESOLUTION NO. 95-81, authorizing acquisition of rights-of-way for the La
Costa Avenue/ld Interchange Project, authorizing submittal of escrow documents,
appropriating funds in the amount of $20,000, and authorizing the Mayor to execute necessary
documents.
112 6. AB #13,086 - DECLARATION OF PUBLIC NUISANCES FOR CARLSBAD WEED ABATEMENT
PROGRAM.
Council adopted RESOLUTION NO. 95-82, declaring as public nuisances, weeds, rubbish and
refuse on certain parcels within the City of Carlsbad and setting a public hearing on the matter
for April 18, 1995.
81 7. AB #13,087 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 95-83, accepting a donation of artwork (Marmalade
Dragonfly), given by artist Benbow Bullock to the City of Carlsbad and appropriating funds in
the amount of $2,000 for its repair and installation.
35 8. AB #13,093 - AUTHORIZATION FOR RETENTION OF SPECIAL COUNSEL.
Council adopted RESOLUTION NO. 95-87, authorizing retention of the Law Offices of Charles
A. Viviano; Heggeness & Sweet; and Graves, Roberson 8( Bourassa, as additional special
counsel for defense of general liability and workers’ compensation claims.
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April 4, 1995 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
99 9. AB #13.073 - APPROVAL OF PREPAYMENT AGREEMENT FOR THE CONSTRUCTION OF 45 ALGA ROAD AND POINSETTIA LANE.
This item was withdrawn from the Agenda and returned to staff.
li4 10. AB #13,088 - ACCESSORY STRUCTURES RESOLUTION OF INTENTION.
Council adopted RESOLUTION NO. 95-84, declaring intention to consider a zone code
amendment to restrict accessory structures in all residential zones to one story in height.
78 11. AB #13,094 - CITY AUTHORITY TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY
FOR ALCOHOLIC BEVERAGE LICENSING.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
74 1. AB #13,081 - APPROVAL OF CLASSIFICATION CHANGES IN THE ENGINEERING
DEPARTMENT.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
95-78, reclassifying two incumbents in the Engineering Department from
Assistant Engineer to Associate Engineer, and converting funding of the vacant
Engineering Technician II position to a Management Analyst position.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
99 2. AB #13,082 - APPROVAL OF RANCHO CARRILLO VILLAGES L, M. N. Q, R AND T (CT 93-4) -
VILLAGE 0 (CT 93-8/PUD 93-7) - VILLAGES F, G AND P (CT 93-7/PUD 93-6/SDP 94-1).
City Attorney Ron Ball stated this item was continued from March 21 to allow the homeowners
and the developer to reach agreement on impacts, and that agreement was to be a part of the
public record. The executed agreement was received just prior to this meeting between the
developer and property owners of lots 578, 580, 581 and 584 of the Meadows Unit No. 3,
dated April 4, 1995, and would be made part of the record.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO.
95-64, approving Rancho Carrillo Villages L, M, N, Q, R and T, Tentative
Subdivision Map CT 93-4; and
adopted RESOLUTION NO. 95-65, approving Rancho Carrillo Village 0,
Tentative Subdivision Map CT 93-8, Planned Unit Development 93-7; and
adopted RESOLUTION NO. 95-66, approving Rancho Carrillo Villages F, P
and G, Tentative Subdivision Map CT 93-7, Planned Unit Development 93-6
and Site Development Plan 94-1.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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April 4, 1995 CITY COUNCIL Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
78 11. AB #13,094 - CITY AUTHORITY TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY
FOR ALCOHOLIC BEVERAGE LICENSING.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO.
95-86, delegating the City Council's authority to determine public convenience
and necessity for certain alcoholic beverage licensing to the Police
Department.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the
following events:
The Bank of America Press Conference, Conservation Banking Inauguration, at the Olympic Resort
Hotel, on Friday, April 7, 1995, at 10:30 a.m.
The Enterprise Consortium Update, at the Public Safety and Service Center, on Friday, April 7, 1995, at
1 :00 p.m.
ORDINANCE FOR ADOPTION:
102 12. AB #13,089 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON PORTION OF AVENIDA ENCINAS.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO.
NS-306, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by
the amendment of Section 10.44.280 to establish a prima facie 35 mile per
hour speed limit and prima facie 30 mile per hour speed limit upon designated
segments of AVENIDA ENCINAS from Poinsettia Lane to its intersection with
Palomar Airport Road.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Robert Payne, P. 0. Box 3073, spoke on the Green Valley Initiative, stating the zoning on the property
was "agricultural" when the property was purchased by the developer. Therefore, any increased value
was a result of City zoning approvals. Therefore, all values are hypothetical, and approval of the
initiative would not result in a "taking" since the value would still be higher than when purchased.
Robert A. Brooks, 3585 Catalina Drive, stated he was here to thank the Council for some of their
decisions, especially honoring Thelma Hayes as Citizen of the Year. He stated she was the founder of
the North Coast Alliance and is a fantastic individual, well-deserving of that title.
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April 4, 1995 CITY COUNCIL Page 5
PUBLIC HEARINGS:
99 13. AB #13,909 - AVIARA PlANNlNG AREA 7 - CT 90-5(B)CP 90-2(B).
Mayor Lewis opened the duly noticed Public Hearing at 6:28 p.m., and issued the invitation to
speak.
Dave Jacinto, Barrett American, Inc., 2035 Corte del Nogal, #160, stated he was present to
anwser any questions Council Members might have, and he requested approval of the item.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
6:29 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO.
95-85, approving a tentative tract map amendment and condominium permit
amendment to realign Sand Aster Drive, add and reconfigure recreational
amenities and guest parking, rearrange the location of several dwelling units,
and eliminate 14 dwelling units from the previously approved 145 unit
condominium project all within the eastern portion of Planning Area 7 within
Phase I of the Aviara Master Plan, located at the northwest corner of Alga Road
and Ambrosia Lane in Local Facilities Management Zone 19.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
105 14. AB #13,091 - 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PUBLIC
HEARING.
Mayor Lewis announced that Council would take the public testimony tonight and then
continue the item one week for Council action. He opened the duly noticed Public Hearing at
6:39 p.m., and issued the invitation to speak.
John Burnett, Executive Director, North County Council on Aging, stated he was present to
praise the entire process, including staff and the City Council.
Maria Valenzuela, 1707 Evergreen, President of the Caring Residents of Carlsbad, stated her
appreciation for the support given their request for funding.
Bob Moser, Executive Director, La Posada de Guadalupe, thanked the Caring Residents of
Carlsbad for their leadership in helping the homeless in this area.
Jim Richards, 2437 Morena Boulevard, San Diego, Senior Adult Services/Meals on Wheels,
stated their appreciation for Carlsbad’s support in the past and he encouraged Council to
accept the recommendations as submitted.
Tammy McDaniel, 2100 North Highway 101, Encinitas, Carlsbad Care Crew/SD County Mental
Health, stated there is no other project like theirs in the entire nation, and she thanked Council
for their support.
Beth Levin, Occupational Therapist with Carlsbad Care Crew, 1701 North Mission Avenue,
Oceanside, thanked Council for their support.
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April 4, 1995 CITY COUNCIL Page 6
PUBLIC HEARINGS: (Continued)
David Alberilo, 144 Copper Avenue, Vista, thanked the Carlsbad Care Crew for helping him to
become able to go out to help others.
Kitty Burbridge, Executive Director, EWCounseling and Crisis Services, Family Recovery
Center, Oceanside, thanked the Council for their support in the past and their continued
support.
Denise Fry, Women’s Resource Center, Oceanside, for homeless and battered women,
expressed appreciation for the funding in the past and this year.
Eileen Olson, 3083 Madison Street, Carlsbad Girls Club, thanked Council for their support.
Clara Harris, Executive Director of Heartland Human Relations Association and Fair Housing,
7435 University Avenue, Ste. 202, La Mesa, stated they are required to have tenant/landlord
services and are asking for funds to expand their association to include this service.
Frank Sorino, Join Hands-Save a Life, 3528 Madison Street, thanked the recommending
committee and stated the boys thank them, too, as people care about the boys and their
futures.
Shirley Cole, Lifeline Community Services, expressed her appreciation for the recommended
funding for their services.
Ann King, Executive Director for Community Resource Center, 3138 Roosevelt, thanked
Council for their funding in the past and expressed appreciation for the recommended funding
for this year.
Jim Lundgren, SER/Jobs for Progress, 5958 El Camino Real, thanked Council for their
continued support.
Dr. Cassandra Stewart, Encinitas, representing Carlsbad Family Service Association/Family
Clinic, thanked Council for their support in the past and stated their continued support would b
appreciated.
Joe Silva, Catholic Services, “C“ Street, San Diego, thanked Council for their past support and
the recommendation for support for this year.
Kathleen Apodaca-Marquez, 3429 Jefferson Street, Carlsbd Youth Services, requested Council
consider their request for $15,000 to help reach the youth in the Barrio.
Bill Dowling, Administrative Assisstant at Brother Benno’s, 434 Grand Street, Oceanside,
requested approval of the committee’s recommendation.
Carman Cedola, 7029 Ivy Street, Executive Director, Boys and Girls Club, stated they serve the
young people and also other groups, and have since 1952. He stated he hoped Council
would increase their funding for 1995-96.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
7:17 p.m.
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April 4, 1995 CITY COUNCIL Page 7
PUBLIC HEARINGS: (Continued)
Mayor Lewis thanked the CDBG Funding Advisory Committee for all their work in reviewing all
the requests for CDBG funding.
ACTION: By consensus, the item was continued one week for deliberation and action.
RECESS:
Mayor Lewis declared a recess at 7:19 p.m., and Council re-convened at 7:25 p.m., with all five
Members present.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 7:26 p.m., and re-convened at
7:28 p.m., with all five Members present.
INDUSTRIAL DEVELOPMENT AUTHORIN:
Council adjourned to the Industrial Development Authority at 7:28 p.m., and re-convened at 7:46 p.m.,
with all five Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
.8 15. AB #13,076 - GREEN VALLEY INITIATIVE PETITION.
City Attorney Ron Ball stated the decision in the Devita case upheld the right of voters to
amend general plans by initiative. The Council ordered a report on the fiscal impact; the effect
on the internal consistency of the City's General Plan and Special Plan and legal impacts,
including the effect of the Devita case. That report was received by Council on February 21,
1995, and copies of the report are on file in the City Hall, public libraries and the City
Attorney's Office.
Mr. Ball stated that Council should determine whether to adopt the ordinance or to place the
initiative on the ballot; and if they decide to place it on the ballot, determine whether the
election should be in March or November of 1996.
Christopher Neils, 501 West Broadway, 19th Floor, San Diego, representing Carlsbad Partners,
supported placing this initiative on the ballot of the November 1996 election. He stated the
initiative is defective in that it determines zoning by the ballot box, and he hopes it will not be
viewed favorably by the voters. He stated there is a larger turnout at a general election and
the voters would deal better with this issue.
Gary Wood, P &. D Consultants, 401 West "A Street, Ste. 2500, San Diego, stated he is
working with staff to return to Council with the project. A supplemental traffic study is being
conducted, and when that is available, there will be public forums and community meetings
scheduled to discuss ways to address their concerns. He stated the project should be back
before Council in the early fall.
Mayor Lewis stated that he preferred placing it on the ballot at the November Election due to
the larger turnouts; however, he wanted to show a unanimous vote in placing the item before
the voters.
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April 4, 1995 CITY COUNCIL Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council directed the City Clerk to
return with the necessary documents at the appropriate time to place the
Green Valley initiative on the ballot for the March 26, 1996 election.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
57 16. AB #13,080 - DENIAL OF APPEAL - GPA 94-2/ZC 94-1/SDP 94-2 - CAMINO VILLAGE.
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ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO.
95-77, denying applicants appeal and upholding the Planning Commission’s
denial of GPA 94-2/ZC 94-1/SDP 94-2.
AYES: Lewis, Nygaard and Kulchin
NOES: Finnila and Hall
104 17. AB #13,092 - STATUS REPORT ON CONSTRUCTION ACTIVITY AT THE VILLAGE TRANSIT STATION.
Mayor Lewis stated that there had been calls from the public with regard to the treatment
Bauer Lumber had received from the City due to the construction of the transit station. He said
that under the Freedom of Information Act he had obtained information from the Transit
District. He explained that the Bauer storage area was on the public right-of-way. They paid
rent on a month-to-month basis, on public land, first to the railroad, and then to the Transit
District. To be fair, the Transit District paid Bauer Lumber $625,000 for their interests and any
damages, present or future. He stated that Bauer Lumber had not been taken advantage of by
anyone. Their hardware store is still where it has always been. It was also noted that there
had been some problems due to the length of time the street was closed.
Council received and accepted the staff report.
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the committees and subcommittees of
which they are Members.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 4, 1995, was adjourned at 850 p.m.
Respectfully submitted,
a &! -
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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