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MINUTES
MEETING OF CITY COUNCIL (Regular Meeting)
DATE OF MEETING. June 13,1995
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 Tem Nygaard and Mayor Lewis.
Absent: None.
APPROVAL OF MINUTES:
None.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the
following events:
The California Constitution Revision Commission Community Forum, co-sponsored by the League of
Women Voters, at the Carlsbad Safety Center on Thursday, June 15, 1995, at 6:OO p.m.
The Aviara Grand Opening Celebration, at the Argyle Restaurant, Aviara Golf Club, on Saturday, June
17, 1995, at 11 :30 a.m.
Mayor Lewis announced that a letter had been received from Steven Roberts, of Potter, Day and
Associates, dated June 13, 1995, with regard to the Christiansen matter, which is Item 3 on the
Housing and Redevelopment Commission meeting tonight. This letter requested the withdrawing of
this item from the agenda. City Attorney Ron Ball recommended that the letter be part of the record of
tonight’s proceedings and that the request be accepted without prejudice.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 6:lO p.m., and re-convened at
6:11 p.m., with all five Council Members present.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the
action of the Consent Calendar, Items #1 through #8, as
follows:
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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June 13, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
25 1. AB #13,170 - APPROVAL OF AGREEMENT WITH NBS/LOWRY FOR PREPARATION OF AN
45 ENGINEER’S REPORT FOR CANNON ROAD WEST - BRIDGE AND THOROUGHFARE
DISTRICT NO. 2.
Council adopted RESOLUTION NO. 95-147, approving an agreement with NBS/Lowry, Inc., for
preparation of an Engineer’s Report and appropriating funds in the amount of $35,000 to
initiate proceedings for the establishment of Bridge and Thoroughfare District No. 2 to fund the
Cannon Road West improvements.
99 2. AB #13,171 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - YAZDI CONDOMINIUMS - CT 90- - 1.
Council accepted the improvements, authorized the City Clerk to record the Notice of
Completion and release bonds, and directed the Community Services Department to
commence maintaining the public improvements associated with the Yazdi Condominiums on
Chestnut Avenue.
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99 3. AB #13,172 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - MALDONADO GARDENS - CT 89- - 14.
Council accepted the improvements, authorized the City Clerk to record the Notice of
Completion and release bonds, and directed the Community Services Department to
commence maintaining the public improvements associated with Maldonado Gardens at the
northwest corner of Basswood Avenue and James Drive.
99 4. AB #13,173 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - REPUBLIC TOOL - PD 427.
Council accepted the improvements, authorized the City Clerk to record the Notice of
Completion and release bonds, and directed the Community Services Department to
commence maintaining the public improvements associated with Republic Tool, located at
621 1 Corte del Abeto.
96 5. AB #13,174 - AWARD OF CONTRACT FOR CONSTRUCTION OF ALGA ROAD/EL FUERTE 45 STREET TRAFFIC SIGNAL - PROJECT NO. 3445.
Council adopted RESOLUTION NO. 95-148, accepting bids and awarding a contract to Knox
Electric, Inc., in the amount of $92,633, for the construction of a traffic signal at the intersection
of Alga Road and El Fuerte Street.
105 6. AB #13,175 - AMENDMENT TO RESIDENTIAL REHABILITATION AGREEMENT FOR 45 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 95-149, approving an amendment to the Residential
Rehabilitation Agreement with the Housing Authority of San Diego County for Federal
Community Development Block Grant Funds.
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June 13, 1995 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
26 7. AB #13,176 - COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2 DELINQUENT ASSESSMENTS.
Council adopted RESOLUTION NO. 95-150, authorizing the firm of Brown, Diven & Hentschke
to initiate a lawsuit to foreclose on property with delinquent assessments within the College
Boulevard Assessment District and directing the County Tax Collector to remove the delinquent
amounts from the tax rolls.
74 8. AB #13,185 - AMENDMENT TO MANAGEMENT SALARY SCHEDULE TO REVISE THE SALARIES FOR THE CITY MANAGER AND CITY ATTORNEY,
Council adopted RESOLUTION NO. 95-156, amending the Management Salary Schedule,
effective January 1, 1995, to revise the salaries for the City Manager and City Attorney.
ORDINANCES FOR ADOPTION:
102 9. AB #13,179 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF RANCHO
SANTA FE ROAD.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO.
NS-308, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by
the amendment of Section 10.44.190 to establish a prima facie 50 mile-per-
hour speed limit upon the segment of Rancho Santa Fe Road from La Costa
Avenue to its intersection with Olivenhain Road.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
102 10. AB #13,180 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF PASEO
DEL NORTE.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO.
309, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the
amendment of Section 10.44.1 10 to establish a prima facie 40 mile-per-hour
speed limit upon the segment of Paseo Del Norte from Car Country to its
intersection with Poinsettia Lane.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
84 11. AB #13,181 - REVISION OF PROCEDURES FOR DISPOSAL OF SURPLUS CITY PROPERTY.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO.
NS-310, amending Title 3, Chapter 3.29, of the Carlsbad Municipal Code by
the amendment of Sections 3.29.030 and 3.29.040, to revise the procedures for
the disposal of surplus City property.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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June 13, 1995 CITY COUNCIL Page 4
PUBLIC COMMENT:
Joan Kindle, 2622 El Aguila Lane, Volunteer Curator for Carrillo Ranch, stated that when it became
necessary to find another storage place for the Carrillo Ranch memorabilia, the Mayor, City Council
and City staff all helped in any way they could. She stated that the task has been completed and she
wanted to extend her sincere thanks for the City’s help.
Margaret Bonas, 231 Olive Avenue, asked that the 4th of July Fireworks that were held offshore be re-
instated in the 95-96 budget. She said the merchants are willing to donate for the event and that she
was willing to serve on a committee to bring this important event back to the community.
Ms. Bonas said her second request involved the item of Community Promotion in the 95-96 Operating
Budget under Non-Departmental. She stated that in view of the current budget restraints, she felt that
amount should be reduced by 50 percent or totally deleted and the funds shifted to the Library, Police
and Fire Department funds. In response to query, Ms. Bonas stated this was the contribution to
ConVis.
PUBLIC HEARINGS:
113 12. AB #13,184 - CAR COUNTRY SPECIFIC PIAN AMENDMENT - SP-19(G).
Mayor Lewis opened the duly noticed Public Hearing at 6:26 p.m., and issued the invitation to
speak.
Bill Kornick, 5500 Paseo Del Norte, General Manager, Bob Baker Chrysler and President of Car
Country Dealers Association, stated the dealers requested the amendment, and have worked
with City staff to resolve the issues. He stated that there is no longer one franchise for one
dealership, and with the additional franchises, the dealers must have adequate signage for all
franchises.
Mr. Kornick stated that the automotive service signs along the freeway do not show the
dealerships, and that more people today are utilizing the dealers for service. He also
requested that the City allow freeway-oriented signs for those dealers immediately adjacent to
the freeway.
Mr. Kornick related the benefits to the City from Car Country in sales tax collected and
employment opportunities. He stated that if the freeway signage is approved, it will be in good
taste.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
6:37 p.m.
Council discussion reflected their desire to allow freeway-oriented signs if they could be limited
to Car Country, and if standards were developed for those signs.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO.
95-155, Sections 1 through 4, and directed staff to return June 27, 1995, with
standards to be included in the Specific Plan which could be used to allow and
regulate freeway-oriented signs for those agencies immediately adjacent to the
freeway.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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June 13, 1995 CITY COUNCIL Page 5
PUBLIC HEARINGS: (Continued)
99 13. AB #13,177 - POINSETTIA SHORES PLANNING AREA "B-1" - CT 94-8/CP 94-1.
Mayor Lewis opened the duly noticed Public Hearing at 7:16 p.m., and issued the invitation to
speak.
Doug Avis, 2300 Alga Road, Project Director of the Kaiza Poinsettia project, asked for approval.
Louis Taschner, Attorney, 1533 South Hill Street, Suite D, Oceanside, representing Dale
Schreiber, referenced his letter dated June 6, 1995, (a copy of which is on file in the City
Clerk's office), and reiterated the request for a condition stating that the Public Drainage
Facility from the Northwest corner of Area 51 to the Batiquitos Lagoon shall be completed
prior to any more grading of Area 51.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
7:30 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO.
95-1 51, approving a Tentative Tract Map and Condominium Permit to develop
158 detached, clustered, single-family dwelling units within Planning Area "B-I"
of the Poinsettia Shores Master Plan located north of Batiquitos Lagoon, west
of the 1-5 freeway, in the Coastal Zone in Local Facilities Management Zone 9.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
RECESS:
Mayor Lewis declared a recess at 7:31 p.m., and Council re-convened at 7:40 p.m., with all five
Members present.
61 14. AB #13,178 - FINANCING PROGRAM FOR CIP LIMITED/AALTO SCIENTIFIC AND CIP
LIMITED/ASYMPTOTIC TECHNOLOGIES.
Mayor Lewis opened the duly noticed Public Hearing at 7:42 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.
95-1 52, approving the issuance of approximately $1,336,980 principal amount
of Industrial Development Revenue Bonds (Aalto Scientific), as contemplated
by the Industrial Development Authority of the City of Carlsbad; and
adopted RESOLUTION NO. 95-153, approving the issuance of approximately
$2,176,376 principal amount of Industrial Development Revenue Bonds
(Asymptotic Technologies), as contemplated by the Industrial Development
Authority of the City of Carlsbad.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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June 13, 1995 CITY COUNCIL Page 6
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 7:43 p.m., and re-convened at
8:23 p.m., with all five Members present.
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 8:23 p.m., and re-convened at 8:25 p.m., with all
five Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
114 15. AB #13,182 - REVIEW OF RESPONSES REGARDING CLARIFICATION OF THE PLANNED
DEVELOPMENT ORDINANCE.
Staff reported two letters dated June 13, 1995, had been received on this matter; one from
Hofman Planning and one from the Building Industry Association of San Diego County. Staff
intends to make a draft of this portion of the ordinance and will send that draft out to the
respondents to get input as to whether this clarifies the items.
ACTION: On motion by Mayor Pro Tem Nygaard, Council authorized the Planning
Director to initiate a Resolution of Intention to amend Title 21 of the Carlsbad
Municipal Code to clarify selected development standards of the Planned
Development Ordinance.
AYES: Lewis, Nygaard, Kulchin, Finnila and Ha
ACTION: By consensus, Council referred the Building Industry Association letter to staff
for review and recommendation.
39 16. AB #13,183 - ADJUSTMENT OF COMPENSATION OF CITY TREASURER.
ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO.
NS-312, amending Title 2, Chapter 2.08 of the Carlsbad Municipal Code, to
adjust the compensation of the City Treasurer; and
adopted RESOLUTION NO. 95-1 54, establishing City Treasurer’s monthly
automobile allowance.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and Subcommittees of
which they are Members.
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June 13, 1995 CITY COUNCIL Page 7
ADJOURNMENT:
By proper motion, the Regular Meeting of June 13, 1995, was adjourned at 8:44 p.m.
Respectfully submitted,
ALETHA ax!- L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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