HomeMy WebLinkAbout1995-09-05; City Council; MinutesI * 0 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 5, 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 6:09 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Finnila, Mayor Pro Tem Nygaard and Mayor Lewis.
Absent: Council Member Kulchin.
INVOCATION was given by Paster Barry Jones of the Carlsbad Union Church.
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Nygaard.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Nygaard, the Minutes of the following Meetings were unanimously
approved, as presented:
Minutes of the Special Meeting held August 8, 1995.
Minutes of the Regular Meeting held August 8, 1995.
Minutes of the Special Meeting held August 15, 1995.
Minutes of the Regular Meeting held August 15, 1995.
Minutes of the Special Meetings held August 22, 1995.
PRESENTATION:
Staff members from the Community Services Department gave a presentation regarding the "Slick Rick
Used Oil Recycling Public Education Campaign.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the following
events:
A Field Visit to Villa Loma project, El Camino Real and Nicolia Drive, on Thursday, September 7, 1995, at
1O:OO a.m.
The Carlsbad Girls Club 29th Jubilee, at the Girls Club, 3368 Eureka Place, on Sunday, September 10,
1995, at 6:OO p.m.
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September 5, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously
affirmed the action of the Consent Calendar, Items #1 through 6,
as follows:
AYES: Lewis, Nygaard, Finnila and Hall
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
99 1. AB #13,284 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR CARLSBAD AIRPORT CENTER - PIP 94-2.
Council adopted RESOLUTION NO. 95-239, accepting improvements, authorizing the City Clerk
to record the Notice of Completion and release bonds, and directing the Municipal Water District
to commence maintaining the public improvements constructed at 1960 Kellogg Avenue.
99 2. AB #13,285 - APPROVAL OF FINAL MAP FOR SEAPOINTE RESORT - CT 93-10.
Council adopted RESOLUTION NO. 95-240, approving the Final Map for Carlsbad Tract No. 93-
10.
20 3. AB #I3286 - CONSIDERATION OF PUBLIC NUISANCE ON PROPERTY LOCATED AT 411 TAMARACK AVENUE.
Council adopted RESOLUTION NO. 95-241, setting a public hearing for September 26, 1995, to
consider whether a public nuisance exists on property located at 41 1 Tamarack Avenue (APN 206-
042-01 -00).
74 4. AB #13,287 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIMS OF SHARON MURPHY.
Council adopted RESOLUTION NO. 95-242, approving the Compromise and Release which
authorizes payment of $32,000 to Sharon Murphy as settlement of her Workers’ Compensation
claims.
85 5. AB #13,288 - REGIONAL APPROACH TO ADDRESS THE NEEDS OF THE HOMELESS.
Council adopted RESOLUTION NO. 95-243, declaring the City’s intention to participate with other
local jurisdictions in the North San Diego County Coastal Region to address the needs of
homeless persons and families on a region-wide basis.
40 6. AB #13,289 -AWARD OF CONTRACT FOR REROOF OF CITY HALL NORTH AND SOUTH WINGS 45 - CONTRACT NO. CS 95-6.
Council adopted RESOLUTION NO. 95-244, accepting bids and awarding a contract in the
amount of $84,630.00 to Bryant Universal for the reroof of City Hall north and south wings.
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PUBLIC COMMENT:
Thomas Dempsey, 3641 Esplanade, Oceanside, addressed Council regarding a Carlsbad Code
Enforcement letter dated July 11, 1995, to South Coast Asphalt Products, and he stated there are violations
next to planned residential neighborhoods in Oceanside and Carlsbad.
PUBLlC HEARING:
26 7. AB #13,290 - FINAL PUBLIC HEARING FOR LA COSTA DOWNS ASSESSMENT DISTRICT NO. 92-1.
Mayor Lewis announced this was the second of two public hearings relating to the proceedings
for the formation of Assessment District No. 92-1 (La Costa Downs).
The City Clerk announced that notice of the Public Hearings had been given as required by law
and a Certificate of Compliance is on file certifying the following:
Mailing notice to property owners within the District;
Filing proposed boundary map in office of County Recorder; and
Publication of Notice inviting Sealed Bids.
Staff explained the purpose for the Public Hearing; described the improvements and boundaries
of the District; presented and summarized the "Report"; presented the utility agreements; explained
the method and formula of assessment spread; and reported that 100 percent of the residents in
the District are in favor of the District.
Mayor Lewis opened the public hearing at 6:23 p.m., and issued the invitation to speak; first for
anyone wishing to speak against the improvement, the Assessment District, or the method of
spread. There was no one wishing to speak in opposition.
Mayor Lewis asked for those in favor of the District to address the Council.
Robert Barelmann, 1967 North Highway 101, Leucadia, spoke in favor of the project, stating he
was pleased that he will now be able to build his house in La Costa Downs, where there are more
than 24 individual owners, all in favor of the District.
Marty Montgomery, 1855 Lotus Court, spoke in favor of the District, stating he is a lot owner in that
area and he expressed his appreciation to staff members for their help in forming this District.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:29
p.m.
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September 5, 1995 CITY COUNCIL Page 4
PUBLIC HEARING: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted the following
Resolutions:
RESOLUTION NO. 95-245, approving contracts for ownership of utility
improvements;
RESOLUTION NO. 95-246, confirming the assessment, ordering the
improvements made, together with appurtenances, and approving the Engineer's
"Report";
RESOLUTION NO. 95-247, authorizing issuance of bonds and approving forms
of bond documents for a Special Assessment District; and
RESOLUTION NO. 95-248, awarding the contract for the construction of certain
public works of improvement in a Special Assessment District.
AYES: Lewis, Nygaard, Finnila and Hall
DEPARTMENTAL AND CITY MANAGER REPORTS:
114 8. AB #13,291 - UPDATE ON CITY'S SECOND DWELLING UNIT ORDINANCE.
Mayor Lewis stated he approves the concept of the second dwelling unit ordinance, but believes
the owner of the property must live in one of the two units; either the primary unit or the new
second dwelling unit. He said our current regulations allow the owner to lease the entire property
to an outside party.
ACTION: On motion by Mayor Lewis, Council directed staff to process a zone code
amendment to delete the provision that allows the owner occupancy requirement
to be met by a lessee, if the leasehold includes both the primary and secondary
units.
AYES: Lewis, Nygaard, Finnila and Hall
113 9. AB #13,293 - APPROVAL OF AFFORDABLE HOUSING MITIGATION AGREEMENT WITH KAlZA POINSETTIA CORPORATION.
and
99 10. AB #13,294 - APPROVAL OF AFFORDABLE HOUSING MITIGATION AGREEMENT WITH BRAMALEA CALIFORNIA. INC..
Items 9 and 10 were considered together.
Jack Henthorn, 5431 Avenida Encinas, Ste. G, representing Bramalea, briefly overviewed the
proposed Laurel Tree Apartment Project.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Richard Juarez, 1770 Fourth Avenue, San Diego, representing the MAAC Project, stated this
project will be better than the one they built in San Diego, and he expressed his appreciation for
this Council's support. Mr. Juarez stated this will be more than just housing, and will focus on
providing a wide range of services for the tenants. He encouraged approval of Items #9 and #lo.
Steve Kuptz, 1770 Fourth Avenue, San Diego, MAAC Project, developers of the San Diego project,
explained the funding process. Mr. Kuptz stated they must have their application in Sacramento
by September 15, 1995, and he asked approval of the agreements tonight.
Jack Henthorn, 5430 Avenida Encinas, Ste. G, stated there is one missing component in the
agreements and that is the determination of the value of the credits. He said the absence of this
number puts the funding of Laurel Tree in serious jeopardy. The value of those credits needs to
be determined before finalizing the agreements this evening, and Mr. Henthorn said that staff has
evaluated this with a $28,000 per credit in the Villa Loma project. He requested the Council take
action as necessary to establish the credit price in time to allow the funding application to be sent
to Sacramento on September 14.
Doug Avis, 7220 Avenue Encinas, Ste. 200, Project Director for Kaiza, reiterated there is one
serious issue, and that is their inability to tell the bank the downside of the Laurel Tree project.
He said the $28,000 pays for the cost recovery for the City and Hillman Properties on the Villa
Loma project, and he requested Council make the determination that cost recovery is appropriate.
Financial Management Director Jim Elliott stated the cost recovery issue is one of the issues staff
will be bringing to Council for a full discussion of the economic analysis.
City Manager Ray Patchett recommended continuation of these two items until next Tuesday, when
staff will present an economic analysis as a continuation of the workshops they are having.
ACTION: On motion by Mayor Pro Tem Nygaard, Council continued Items #9 and #10 to
Tuesday, September 12, 1995.
AYES: Lewis, Nygaard, Finnila and Hall
RECESS:
Mayor Lewis declared a recess at 7:49 p.m., and Council re-convened at 759 p.m., with four Members
present and Council Member Kulchin absent.
39 11. AB #13,292 - ANNUAL REPORT ON THE CITY'S INVESTMENT PORTFOLIO.
City Treasurer Jim Stanton gave the annual report on the City's investment portfolio.
COUNCIL REPORTS:
Mayor Lewis reported that Maurice "Mo" Kimball had fallen and broken his hip. He stated that everyone
at City Hall wishes him well.
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September 5, 1995 CITY COUNCIL Page 6
ADJOURNMENT:
By proper motion, the Regular Meeting of September 5, 1995, was adjourned at 8:14 p.m.
Respectfully submitted,
hR. - ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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