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HomeMy WebLinkAbout1995-10-03; City Council; Minutes (2)0 0 MINUTES MEETING OF CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 3, 1995 TIME OF METING 6:OO p.m. PLACE OF MEETING: Cg 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. INVOCATION was given by Reverend Douglas Kelly of the Christ Presbyterian Church of Rancho La Costa. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Nygaard. PRESENTATIONS: Council Member Kulchin introduced Keith Michaelis, representative from the Industrial Environmental Association, who presented an Industrial Environmental Award to Mr. Rick Graff, Manager of the Encina Waste Water Authority. City Treasurer Jim Stanton acknowledged Afton Patrick, his Assistant, who was retiring. Mayor Lewis presented Ms. Patrick with a Proclamation of Appreciation and a special plaque from the City Council. Mayor Lewis presented a Proclamation for WHITE CANE DAYS, the first week in October, to Members of the Carlsbad Lions Club. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Firefighters Memorial Dedication, at Station #5, Orion Way, Wednesday, October 4, 1995, at 12:OO noon. Metropolitan Water District California Aqueduct System Tour, at various locations in California, on Friday and Saturday, October 6 - 7, 1995. aa7 0 e October 3, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: Items #1, #8 and #9 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #9, with the exception of Items #1, #8 and #9, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. LO5 1. AB #13,328 -APPROVAL OF SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. This item was removed from the Consent Calendar. 74 2. AB #13,329 - SETTLEMENT OF WORKERS COMPENSATION CLAIM OF JULIO VALLE. Council adopted RESOLUTION NO. 95-280, approving the Stipulations with Request for Award authorizing payment of $9,870 at a rate of $140 per week to Julio Valle as settlement of his workers compensation claim. 53 3. AB #13,330 -AUTHORIZATION TO PROCEED WITH PLANS FOR A COFFEE CART IN THE MAIN LIBRARY. Council adopted RESOLUTION NO. 95-281, directing staff to distribute Requests for Proposals (RFP) for the operation of a coffee cart in the atrium of the main Carlsbad Library. 74 4. AB #13,331 - REQUEST FOR ADDITIONAL APPROPRIATION FOR CONTINUED TRAINING SERVICES. Council adopted RESOLUTION NO. 95-282, appropriating $30,000 from the General Fund Contingency Account to the Community Development Administration budget to cover continued training costs for Fiscal Year 1995-96. 5. NUMBER NOT USED. 74 6. AB #13,333 - REQUEST FOR AUTHORIW TO DESTROY FILES. Council adopted RESOLUTION NO. 95-284, authorizing destruction of employment applications and employment lists dated prior to May 1, 1993, on file in the Human Resources Department. '0 7. AB #13,334 -AWARD OF CONTRACT FOR AMERICANS WITH DISABILITIES ACT PLAYGROUND I5 MODIFICATIONSANSTALWTIONS AT HOLIDAY, STAGECOACH, CALAVER~ AND LAGUNA RlVlERA PARKS. Council adopted RESOLUTION NO. 95-285, accepting a bid and awarding Contract No. CSD 020, in the amount of $139,921, to Gledson/Cashman Construction, for the installation of new playground equipment, modification of some existing equipment, and installation of surfacing which meets Americans with Disabilities Act (ADA) requirements. a2b 0 0 October 3, 1995 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 78 8. AB #13,335 - APPROPRIATION OF POLICE ASSET FORFEITURE FUND. This item was removed from the Consent Calendar. 58 9. AB #13,336 - EXTENSION AND AMENDMENT TO AGREEMENT WITH THE CARLSBAD CHAMBER 45 OF COMMERCE FOR THE PROMOTION OF TOURISM. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: 105 1. AB #13.328 - APPROVAL OF SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 95- - 279, approving 1995-96 Subrecipient agreements with Casa de Amparo and Brother Benno Foundation for Federal Community Development Block Grant funds. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 78 8. AB #13,335 - APPROPRIATION OF POLICE ASSET FORFEITURE FUND. ACTION: On motion by Council Member Hall, Council adopted RESOLUTION NO. 95-286, appropriating funds in the amount of $349,050 from the Police Asset Forfeiture Fund for the acquisition, maintenance and support of police activities. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall i8 9. AB #13,336 - EXTENSION AND AMENDMENT TO AGREEMENT WITH THE CARLSBAD CHAMBER I5 OF COMMERCE FOR THE PROMOTION OF TOURISM. Allan Wanamaker, 2399 Jefferson, Co-Chair of the Carlsbad Village Association, stated he was speaking personally as a business owner to praise the fantastic job done by ConVis. He said that Carlsbad cannot do without the ConVis and the tourists that come here because of the work they do in promoting the City. Hope Wrisley, 2080 Basswood, President of Carlsbad Chamber of Commerce, stated the Board approved the contract at their last meeting and affirmed that ConVis is part of the Chamber and should remain so. She said the three months’ extension creates some problems, as budgets are being made for next year, and an extension for a longer time period would enable them to take advantage of contracting on a yearly basis. ACTION: By unanimous consensus, Council approved the request of Mayor Lewis to form an advisory committee consisting of two Council Members whose purpose is to advise and make recommendations to the full Council on the best manner and method of delivering professional services related to the promotion of the City, and to advise the Chamber of its formation and ask for their cooperation in completing the assignment. 225 0 0 October 3, 1995 CITY COUNCIL Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 95- 287, approving the Extension and Amendment No. 1 to the existing agreement between the City and the Carlsbad Chamber of Commerce for the promotion of tourism and provision of services to visitors to the City of Carlsbad. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR ADOPTION: LO2 10. AB #13,337 - ADOPTION OF SPEED LIMIT ON PORTION OF UNA WAY. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS- 33, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code to establish a prima facie 25 mile per hour speed limit on Xana Way from Alga Road to its intersection with Unicornio Street. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Ted Viola, 3831 & 3833 Garfield Street, addressed Council regarding the nuisance noise and disturbances at the Sandbar at Tamarack and Carlsbad Boulevard. He stated there is a live rock band five days of the week and the noise prevents anyone in the area from getting any sleep. He told of damage to property in the area from the people leaving the Sandbar and requested help for the neighbors. David Gilbert, 150 Tamarack, concurred with Mr. Viola's statements and stated the Sandbar and its patrons are out of hand as far as noise and damage to the area. He requested help from the City. John Jones, 3044 State Street, stated the skateboarders are destroying the landscaping in the parking lots downtown. They leave trash all over the lots and destroy the benches there. He requested that Parks and Recreation staff be given the right to cite these youngsters and make their parents responsible for the damages. PUBLIC HEARING: .13 11. AB #13,338 - FOUR SEASONS AVIARA RESORT - MP - 177(O)/LCPA 90-3(A)/SDP 86-2(B)/CUP '7 90-5(A)CT 95aPUD 102(A)HDP 95-1 1. I3 19 Mayor Lewis opened the duly noticed Public Hearing at 7:14 p.m., and issued the invitation to speak. Larry Clemens, Hillman Properties, 2011 Palomar Airport Road, gave the background history of the project and stated there is a firm commitment for the financing for the hotel; with financing for the time shares almost committed. However, twenty million dollars is needed to complete the sports center, and they do not have a commitment for that. The sports center will be built just as soon as it can be financed. Mr. Clemens requested rebuttal time at the end of the public hearing. Robert Green, Hillman Properties, Director of Resort Development for Aviara, 201 1 Palomar Airport Road, explained the issues involved in this redesign process. He stated that the sports club would be available to visitors at the hotel and the time shares. 227 , a 0 October 3, 1995 CITY COUNCIL Page 5 PUBLIC HEARING: (Continued) Mr. Green stated there are three different packages; the first being the hotel; the second is the building of the time shares, and they are working on financing for that; and the third phase is the completion of the sports complex. He said that the sports complex will be a regional club, with an initiation fee and monthly or yearly dues, and open to anyone who wishes to participate. The membership in the sports club will be included in the price structure of the time share units. Mr. Clemens stated that, with Council's approval, he would ask that the traffic signal at the intersection of the hotel be installed as soon as possible. His second request would be to have Council help them request signage at the offramps to direct people to the hotel. This signage should be installed by Caltrans. Dianne Scott, 7243 Spoonbill Lane, President of the Pavona Homeowners Association, stated residents were present to express their deep concerns with regard to the proposed amendment. She stressed that the first priority of the residents in that area, as well as in all of Carlsbad, is to complete the hotel. She expressed concern that the sports center won't be built, and stated the Pavona residents were requesting a few, interim facilities until such time as the sports center can be built. Ms. Scott said that Bill Davidson, the builder of their subdivision, had represented to them that the sports club would be completed in the spring of 1992. Joe Reed, 7024 Rockrose Terrace, stated that tennis courts, a spa, restrooms and a swimming pool are normal recreational facilities in this type of residential community. The residents have presented this proposal for minimal facilities to be available until the sports club is built. Bill Jennings, 7135 Tern Place, resident of the Pavona development, stated he paid a premium price for his home, which was to be part of a development with a five star hotel and a sports center with workout facilities, pools, tennis, basketball and racquetball courts. He suggested that perhaps reduced prices to join La Costa could be offered to the residents of Pavona. Mr. Jennings reiterated the desire of everyone to have the hotel built as soon as possible. Alan Scott, 7243 Spoonbill Lane, Pavona, stated the hotel is the first priority, but the residents there do want some amenities, as stated before. He proposed that in addition to the "good faith" tennis courts being built, that a swimming pool and spa be added for elderly residents and children. In response to Council query, Mr. Scott said Mr. Davidson is not able to provide the facilities; however, a recourse would be for the residents to sue him, and then he, in turn, would sue Hillman Properties for failure to provide the sports center per the initial agreement. Stan Prowse, 651 5 Avenida del Pavaiso, stated if the development had started six months earlier, the entire project would be complete at this time. He said everyone should look forward, and no more conditions should be added to this project. It is time to move forward and approve this request tonight. John Jensen, 161 5 Bittern Court, Pavona, reiterated the homes there cost more than a half a million dollars, and have no tennis courts or swimming pools on the individual lots, and there is no community park. He referenced the petitions asking for a community facility in the interim until the sports center is built. Doug Avasion, 7235 Spoonbill Lane, presented the petitions requesting construction of interim recreational facilities, to the City Clerk. A23 e 0 October 3, 1995 CITY COUNCIL Page 6 PUBLIC HEARING: (Continued) Richard Burris, 7226 Aviara Drive, stated he owns a lot in Aviara, and requested that Council approve the amendments as presented with no additional conditions or regulations. Roger Moore, 71 67 Tern Place, Pavona, stated that facilities would be beneficial as the developers look to add additional homes in the area. He felt the completion of the hotel should not stop and endorsed approval of the amendments. Larry Clemens responded to speakers’ comments and urged Council approval. Professor C. T. Leondes, 1601 Starling Court, stated he was happy the hotel has been financed and he hoped it would not be held hostage to the sports club. In reply to query, Mr. Clemens stated the first commitment is with the Bank of Nova Scotia and Hillman; the time share units will be Hillman and a partner to be named; and the third to be Hillman and someone willing to finance the twenty million dollars needed to build the sports center. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 855 p.m. RECESS: Mayor Lewis declared a recess at 855 p.m., and Council re-convened at 9:03 p.m., with all five Members present. PUBLIC HEARING: (Continued) ACTION: By consensus, Council agreed that the timing for installation of the traffic signal was important, and the need to request Caltrans to have signage installed at the offramps to direct the public to the hotel. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-319, adopting the Aviara Master Plan Amendment relative to the Four Seasons Aviara Resort on property generally located in the Southwest Quadrant of the City in Local Facilities Management Plan Zone 19; amended to require landscaping on the areas proposed for the timeshare units if construction of the units is not commenced and completed within a reasonable time of the construction of the hotel; and to clarify the intent of the condition concerning the provision of free shuttle service; and adopted RESOLUTION NO. 95-288, approving a Master Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Tentative Tract Map, Non-Residential Planned Unit Development Permit Amendment and exclusion from the Hillside Development Ordinance within Planning Areas 1, 2, 9, 10 and 11 of the Aviara Master Plan generally located in the Southwest Quadrant in Local Facilities Management Zone 19. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall a22 I) m October 3, 1995 CITY COUNCIL Page 7 MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 9:33 p.m., and re-convened at 9:41 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 78 12. AB #13,339 - RESTRICTION ON DISPLAY OF SIGNS IN WINDOWS OF VEHICLES PARKED ON CITY STREETS. This item was referred back to staff. 31 13. AB #13,340 - APPEAL OF BUSINESS LICENSE TAX LATE PENALTY. This item was continued per the written request of the appellant. 28 14. AB #13,221 - CARLSBAD PERSONNEL BOARD APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 95-183, appointing Larry Scheer to the Carlsbad Personnel Board. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 103 15. AB #13,304 - TRAFFIC SAFETY COMMISSION APPOINTMENT. This item was continued. 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 October 3, 1995, was adjourned at 9:45 p.m. Respectfully submitted, ALETHA li!&zzLdp+ L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk a0