HomeMy WebLinkAbout1995-07-11; City Council; Minutes (2)0 0
MINUTES
MEETING OF CITY COUNCIL megular Meeting)
DATE OF MEETING July 11,6995
TIME OF MEETING: $00 p.m. PLACE OF MEETING Ci Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:16 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin and Mayor Lewis.
Absent: Mayor Pro Tem Nygaard.
APPROVAL OF MINUTES:
On motion by Council Member Kulchin, the Minutes of the following Meetings were approved as
presented:
Minutes of the Special Meetings held June 7, 1995.
Minutes of the Special Meeting held June 13, 1995.
Minutes of the Regular Meeting held June 13, 1995.
Minutes of the Regular Meeting held June 20, 1995.
AYES: Lewis, Kulchin, Finnila and Hall
CONSENT CALENDAR:
Mayor Lewis removed Items #8, #9, #10 and #12 from the Consent Calendar.
ACTION: On motion by Council Member Kulchin, Council affirmed the
action of the Consent Calendar, Items #1 through #13, with the
exception of Items #8, #9, #10 and #12, as follows:
AYES: Lewis, Kulchin, Finnila and Hall
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
55 1. AB #13,231 - EXPANSION OF NORTH COUNTY RECYCLING MARKET DEVELOPMENT ZONE.- Council adopted RESOLUTION NO. 95-192, approving the expansion of the North County
Recycling Market Development Zone to include the City of Encinitas.
/& ,2/
0 0
July 11, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
104 2. AB #13,232 - APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
FUNDING.
Council adopted RESOLUTION NO. 95-193, authorizing the City Engineer to make application to
CALTRANS for State-Local Transportation Partnership Program funds for various projects in the
City.
70 3. AB #13,233 - FIRST AMENDMENT TO GROUND LEASE AT SAFETY CENTER - CONTRACT NO.
45 C-45-8788.
Council adopted RESOLUTION NO. 95-1 94, approving the First Amendment to the Ground Lease
at the Safety Center with the Carlsbad Unified School District.
60 4. AB #13,234 - PROPERTY, BOILER AND MACHINERY INSURANCE.
Council adopted RESOLUTION NO. 95-195, authorizing the expenditure of $40,840 for continued
participation in the Public Entity Property Insurance Program.
70 5. AB #13,235 - PLANS AND SPECIFICATIONS FOR ADA IMPROVEMENTS AT HOLIDAY,
STAGECOACH, CALAVERA AND LAGUNA RlVlERA PARKS - PROJECT NO. CSD 0020.
Council adopted RESOLUTION NO. 95-1 96, approving plans and specifications and authorizing
the City Clerk to advertise for bids for modifications and/or replacement of playground equipment
at Holiday, Stagecoach, Calavera and Laguna Riviera Parks, Project No. CSD 0020, to comply with
the Americans with Disabilities Act.
28 6. AB #13,236 - RESERVATION OF FUNDS FOR AFFORDABLE HOUSING.
Council adopted RESOLUTION NO. 95-197, directing staff to reserve the $524,000 received from
the defeasance of the 1983 Mortgage Revenue Bonds for future affordable housing projects.
60 7. AB #13,237 - RENEWAL OF EXCESS WORKERS’ COMPENSATION INSURANCE.
Council adopted RESOLUTION NO. 95-198, authorizing the renewal of Excess Workers’
Compensation Insurance coverage at a premium deposit of $32,737.
81 8. AB #13,238 - ACCEPTANCE OF DONATION FROM MARY STANBERY.
This item was removed from the Consent Calendar.
81 9. AB #13,239 - ACCEPTANCE OF DONATION FROM THE WALTER ERIKSEN TRUST.
This item was removed from the Consent Calendar.
81 10. AB #13,240 - ACCEPTANCE OF DONATION FROM OCEANSIDE EMBLEM CLUB NO. 177.
This item was removed from the Consent Calendar.
/% /
0 '0
July 11, 1995 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
74 11. AB #13,241 - SElTLEMENT OF WORKERS' COMPENSATION CLAIMS.
Council adopted RESOLUTION NO. 95-202, approving the Compromise and Release and
authorizing expenditure of $30,000 for settlement of the Workers' Compensation claims of Ken
Hansen.
26 12. AB #13,242 - ASSESSMENT DISTRICTS NO. 92-1 - LA COSTA DOWNS. 45 This item was removed from the Consent Calendar.
74 13. AB #13,247 - CLASSIFICATION CHANGE IN HOUSING AND REDEVELOPMENT.
Council adopted RESOLUTION NO. 95-21 1, approving the new classification of Housing Assistant;
reclasslfying one incumbent; and amending the General Employee Salary Schedule accordingly.
ITEMS REMOVED FROM THE CONSENT CALENDAR.
81 8. AB #13,238 - ACCEPTANCE OF DONATION FROM MARY STANBERY.
and
81 5. AB #13,239 - ACCEPTANCE OF DONATION FROM THE WALTER ERIKSEN TRUST.
and
81 10. AB #13.240 - ACCEPTANCE OF DONATION FROM OCEANSIDE EMBLEM CLUB NO. 177.
ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions:
RESOLUTION NO. 95-199, accepting a $1,000 donation from Mary Stanbery to
be used to offset costs in the dining room at the Senior Center; and
RESOLUTION NO. 95-200, accepting a $19,276.44 donation from the Walter
Eriksen Trust to be deposited into the Senior Citizen Trust Fund; and
RESOLUTION NO. 95-201, accepting a $1,000 donation from the Oceanside
Emblem Club No. 177 in support of the Senior Center.
AYES: Lewis, Kulchin, Finnila and Hall
I&?
0 0
July 11, 1995 CITY COUNCIL Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
26 12. AB #13,242 - ASSESSMENT DISTRICTS NO. 92-1 - LA COSTA DOWNS. 45 ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 95- - 203, making Appointments in a Special Assessment District; and
adopted RESOLUTION NO. 95-204, adopting a Map of Proposed Boundaries of
a Special Assessment District; and
adopted RESOLUTION NO. 95-205, declaring intention to Order Installation of
Improvements, describing District and providing for the Issuance of Bonds; and
adopted RESOLUTION NO. 95-206, preliminarily approving the "Report" of the
Engineer and setting Public hearings on August 15 and September 5, 1995; and
adopted RESOLUTION NO. 95-207, referencing a Prevailing Wage Scale and
Calling for Construction Bids; and
adopted RESOLUTION NO. 95-208, approving a consultant agreement with La
Costa Engineering for design services for preparation of the plans.
AYES: Lewis, Kulchin, Finnila and Hall
ORDINANCE FOR ADOPTION:
72 14. AB #13,248 - TWO HOUR PARKING RESTRICTION ON CHRISTIANSEN WAY.
ACTION: On motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-
316, amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code by the
addition of Section 10.40.084 to designate a two-hour parking zone on each side
of Christiansen way from State Street westerly to the alley.
AYES: Lewis, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Leslie Tanner, 6550 - 30 Ponto Drive, Lanikai Lane Mobile Home Park, stated that the new development,
Seapointe, to the north of their mobile home park, has caused removal of the bridge and realignment of
Carlsbad Boulevard; also changes to the frontage road at Lanikai Lane. She stated that part of the fence
dividing the boulevard and Ponto has been removed, and she is here to request that a new fence be
installed along Ponto Drive. Ms. Tanner stated that the Seapointe representatives volunteered the use of
their heavy equipment to remove and cut up the old fence. She said that the problem is that the heavy
equipment will only be there for a short time, and she would like some decision to be made by the City
to allow the use of that equipment.
i 59
e 0
July 4 1 , 1995 CITY COUNCIL Page 5
PUBLIC COMMENT: (Continued)
Council requested a report with alternatives for this fence on the Council Agenda for the July 18, 1995,
meeting.
Len Wolfer, 3431 Don Alberto, President, Carlsbad Residents Association, stated the purchase of Rancho
Carlsbad Mobile Home Park is in process, and he thanked the Mayor, Council and members of staff for
their continuing support.
Sue Loftin, 12526 High Bluff Drive, Ste. 300, San Diego, stated that General Electric is making the loan and
part of the underwriting relates to the subdivision of the mobile home park. Any improvements that would
be imposed would be as a part of the subdivision. She stated that if they comply with Government Code
66427.1, any improvements are done subsequent would be part of that, and they would like that confirmed
in writing by the City. She handed out a copy of a sample letter that could be forwarded to General
Electric to clarify the condition, and requested assistance from the City.
The matter was referred to the City Attorney.
PUBLIC HEARINGS:
20 15. AB #13,243 - DECLARATION OF PUBLIC NUISANCE.
Staff referenced two letters received late today, dated July 11, 1995, from C/W
Companies and Nielsen-Dillingham, stating that Nielsen has been hired to complete the necessary
clean-up work on this project, starting July 17. (Copies are on file in the City Clerk’s Office.) Staff
also recommended a modification to Section 7 of the Resolution for clarification.
Mayor Lewis opened the duly noticed Public Hearing at 6:46 p.m., and issued the invitation to
speak.
Terry Plowden, 3633 Camino del Rio South, San Diego, representing Douglas Wilson, the Court-
appointed Receiver for this property, stated Mr. Wilson was appointed Receiver as of May 17,
1995, and has the financial backing to do the necessary repairs to this property. He said that a
contract has been signed with Nielsen-Dillingham for a cost of approximately $19,000. Mr.
Plowden stated that the Bank of America will probably sell this property to a builder, but in the
meantime he assured Council of their spirit of cooperation. He stated that the work should be
finished by the end of July and he added that he had no problem with the Resolution.
David Vinegrad, 4016 Aguila Street, stated he had addressed Council six years ago- on the issues
relating to this development. Mr. Vinegrad stated that public safety is the issue. There has been
an increase in crime in and around this project during the past two months. There was an on-site
security guard and dogs, but they are no longer there and the fence has deteriorated to where it
does not keep out unwanted trespassers, and transients are living on the railroad right-of-way
property.
Mr. Vinegrad described the piles of Styrofoam and requested they be removed, as well as the
numerous piles of rusting junk; pipes, nails, barrels, etc.
James Hasburgh, 401 1 Canario, distributed pictures of the project showing the deterioration and
safety hazards.
153
e 0
July 11, 1995 CITY COUNCIL Page 6
PUBLIC HEARINGS: (Continued)
Les Thurlow, President of the Board of Directors of the Windsong Cove Homeowners Association,
stated there is a very large pile of building material and a construction trailer that he would like to
have removed, as well as replacement of the chain link fence with a solid fence. He said it would
help if the concrete were to be covered.
Alton Nigh, 801 D Kalpati, requested a 24-hour security guard after the cleanup is complete.
Kathy Lee, 4015 Canario, #B, stated she was concerned about the transient problem, as there
were three vehicles broken into last week and one home. She said she doesn't feel safe there
anymore and the problem is only going to get worse.
Staff stated that the North County Transit District provides security for the railroad right-of-way.
Council Member Kulchin stated she would like an update on this in 30 days.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:16
p.m.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 95-
5200 Harbor Drive, and ordering the abatement thereof; amended in Item #7 to
read: "That abatement of the nuisance shall be the removal of all steel framing
erected and stacked on the site, secure underground parking structure, repair
fencing to a secure state and remove weeds."
- 209, declaring that a public nuisance exists at the construction site located at
AYES: Lewis, Kulchin, Finnila and Hall
99 16. AB #13,244 - POINSETTIA SHORES PLANNING AREA A-4 - CT 94-7/PUD 94-6.
Staff referenced the memorandum to Council dated July 11, 1995, containing a correction to
Condition No. 13(G) on page 7 of Planning Commission Resolution No. 3771.
Mayor Lewis opened the duly noticed Public Hearing at 7:43 p.m., and issued the invitation to
speak.
Doug Avis, Kaiza Poinsettia Corporation, 2300 Alga Road, stated his main concern is the off-site
affordable housing problem and he stated they need to know soon what the solution will be.
Judy Wiltse, resident of Rosalina, stated the homeowners there are concerned since they have lost
the master to their master plan; namely Don Sammis. She stated that 60 homeowners have taken
over the master plan, including the trail. There has been vandalism at the vista point, and she
asked why they should have to pay for this trail.
Jean Warrick, 7821 Navigator Circle, stated that the homeowners in Rosalina are overwhelmed by
the trail issue. She said that the trail would be against their back fences, and they need the
cooperation of Kaiza Poinsettia to get this resolved.
/ 57
0 0
July 11, 1995 CITY COUNCIL Page 7
PUBLIC HEARINGS: (Continued)
Doug Avis, speaking in rebuttal, stated the Rosalina trail issue is a tough one, and he has met with
representatives of the homeowners association. He said Kaiza Poinsettia accepted the obligation
to build the trail as designed as part of the Batiquitos Lagoon Educational Park, and they will build
the trail. He asked Council to consider having the City facilitate a meeting with the Coastal
Commission, developer and homeowners to see what can be resolved concerning the trail issue.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:03 p.m.
Council Member Hall suggested that perhaps in that area only, the sidewalk could be used as part
of the trail, rather than having it at the back fence for those houses along the bluff.
Staff indicated that they have met with Coastal Staff and the Commission does not want the trail
on the sidewalk or at the bottom of the bluff. The wildlife agencies don't want the trail on the
bottom of the bluff, and the Coastal Commission wants the trail and they have the final say. In
addition, there is currently a violation, since the trail is not built, and "no trail" is not an option.
Staff also explained that the Coastal Commission would consider it a major amendment to change
the location of the trail, and the homeowners had been informed about the process and fees for
same.
ACTION: By consensus, Council directed staff to facilitate a meeting with the homeowners,
developer and Coastal Commission staff to attempt to come to an agreement on
the trail location (including a request that Coastal waive the fee, if an amendment
is submitted), and to return to Council with total costs and clarifying information
on the matter.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 95-
subdivision consisting of one private street lot, one sewer pump station lot, two
open space lots and 61 residential lots to accommodate 61 detached single family
homes on 5,000 square foot minimum-sized lots within Planning Area "A-4'' of the
Poinsettia Shores Master Plan located north of Batiquitos Lagoon, in the coastal
zone in Local Facilities Management Zone 9; amended per the Errata Sheet dated
July 11, to modify Condition No. 13(G) of Planning Commission Resolution No.
3771 to correct the condition numbers to read: 26, 32, 33, 47 and 48.
- 210, approving a Tentative Tract Map and Planned Unit Development for a 65-lot
AYES: Lewis, Kulchin, Finnila and Hall
RECESS:
Mayor Lewis declared a recess at 8:25 p.m., and Council re-convened at 8:31 p.m., with four Members
present and Mayor Pro Tem Nygaard absent.
/5b
0 I)
July 11, 1995 CITY COUNCIL Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
102 17. AB #13,245 - REQUEST TO ADDRESS COUNCIL CONCERNING TRAFFIC PROBLEMS.
Carol West, 2827 Andover Avenue, addressed Council on the traffic flow in Carlsbad, particularly
with regard to the traffic signals encountered in driving west on Carlsbad Village Drive to get to
the Village area. She showed all the red traffic lights she encountered and said there are six traffic
lights in under one mile, and she had to stop at each one while driving at the posted speed limit.
Ms. West recommended that the traffic lights be reset to be coordinated to enable motorists to
pass through more lights at the speed limit.
The Assistant City Manager explained that Traffic Engineer Bob Johnson is working on this matter,
but because CALTRANS is involved, it’s difficult to designate a date when it will be completed.
113 18. AB #13,246 -AMENDMENT OF CAR COUNTRY SPECIFIC PIAN SIGN REGULATIONS - SP 19(G)- 2.
ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS- 317, approving Specific Plan SP 19(G) for an amendment to the existing Specific
Plan to regulate signage on property generally located between Cannon Road and
Palomar Airport Road.
AYES: Lewis, Kulchin, Finnila and Hall
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 July 11, 1995, was adjourned at 8:46 p.m., in memory of Blaine
Smiley.
Respectfully submitted,
@LlL?%QQ-
ALETHA L. RAUTENKRANZ \
City Clerk
Harriett Babbitt
Minutes Clerk
i 55