HomeMy WebLinkAbout1996-01-16; City Council; Minutes0 0
MINUTES
MEETING OF CITY COUNCIL (Regular Meeting)
BATE OF MEETING January 16,1996
TIME OF MEETING: 6:W p.m. PLACE OF MEETING: Cii Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:13 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.
INVOCATION was given by Father Donald Coleman of the St. Elizabeth Seton Catholic Church of
Carlsbad.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the
following events:
Sundowner, at the Carlsbad Girls Club, Wednesday, January 17, 1996, at 530 p.m.
Marathon Salute to Sponsors Event, at the Pacific Coast Grill in Solana Beach, on Thursday, January
18, 1996, at 500 p.m.
San Diego Marathon Event and Breakfast at the Olive Garden Restaurant, on Sunday, January 21,
1996, at 7:OO a.m.
LEG0 Reception at Leg0 Project Office, 5600 Avenida Encinas, Suite 130, on Monday, January 22,
1996, at 500 p.m.
Padre Plant a Tree Ceremony at the Calavera Park, on Tuesday, January 23, 1996, at 3:OO p.m.
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January 16, 1996 CITY COUNCIL Page 2
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Nygaard, the Minutes of the following Meetings were approved
as presented:
Minutes of the Special Meeting held December 19, 1995.
Minutes of the Regular Meeting held December 19, 1995.
Minutes of the Regular Meeting held December 26, 1995.
Minutes of the Regular Meeting held January 2, 1996.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ABSTAIN: Mayor Pro Tem Nygaard - Special and Regular Meetings of December 19,
1995.
CONSENT CALENDAR:
Council Member Finnila requested Item #4 be 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
#5, with the exception of Item #4, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
74 1. AB #13.467 - SETTLEMENT OF WORKERS COMPENSATION CLAIM OF PATRICIA RANDALL.
Council adopted RESOLUTION NO. 96-16, approving the Stipulations with Request for Award
authorizing payment of $9,555 at the rate of $1 40 per week to Patricia Randall as settlement of her
workers compensation claim.
70 2. AB #13,468 -ACCEPTANCE OF CONSTRUCTION OF HOSP GROVE PARK- PROJECT NO. 3431. 45 Council adopted RESOLUTION NO. 96-17, accepting the construction of Hosp Grove Park as
complete, directing the City Clerk to record the Notice of Completion and authorizing the Finance
Director to close the project accounts upon payment of all final claims and costs.
99 3. AB #13,469 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT NO. 89-18, UNIT 1 - RANCHO VERDE.
Council adopted RESOLUTION NO. 96-18, approving the Final Map for Carlsbad Tract No. 89-1 8,
Unit 1.
44 4. AB #13,470 - APPROVAL OF AGREEMENT TO STUDY CHILD CARE USES IN INDUSTRIAL 45 ZONES.
This item was removed from the Consent Calendar.
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CONSENT CALENDAR: (Continued)
26 5. AB #13,476 - INITIATION OF PROCEEDINGS FOR FORMATION OF ASSESSMENT DISTRICT NO.
95-1 - CARLSBAD RANCH.
Council adopted RESOLUTION NO. 96-25, making findings on a petition presented by property
owners for the formation of a special assessment district designated as Assessment District No,
95-1 (Carlsbad Ranch), for the construction of certain public improvements under the Municipal
Improvement Act of 1913.
ITEM REMOVED FROM THE CONSENT CALENDAR:
44 4. AB #13,470 - APPROVAL OF AGREEMENT TO STUDY CHILD CARE USES IN INDUSTRIAL 45 ZONES.
Council Member Finnila expressed her concerns with certain areas of the agreement and also
stated that she wanted Carlsbad compared with cities that are similar. She also felt it important
to include whether there would be an increase in business fees or insurance.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- - 19, approving an agreement with the consulting firm of David J. Powers &
Associates, Inc., to prepare an analysis of the safety and economic issues
associated with child care uses in industrial zones.
AYES: Lewis, Nygaard, Kulchin and Hall
NOES: Finnila
ORDINANCES FOR ADOPTION:
113 6. AB #13,477 - CARLSBAD RANCH/LEGOIAND SPECIFIC PLAN AMENDMENT - SP 207(A)/SP144(G)/ZC 94-2/DA 94-1.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-
Palomar Airport Road, south of the future Cannon Road extension, excepting
approximately 24.2 acres located on the north side of Cannon Road, east of
Paseo Del Norte and west of Local Facilities Management Zones 5 and 8; and
adopted ORDINANCE NO. NS-344, amending the Carlsbad Ranch Specific Plan
on approximately 447.40 acres of land, located north of Palomar Airport Road,
south of the future Cannon Road extension, east of Paseo Del Norte and west of
Local Facilities Management Zones 5 and 8 (as amended), in Local Facilities
Management Zone 13; and
adopted ORDINANCE NO. NS-345, amending the SDG&E Encina Specific Plan
to remove approximately 24.2 acres of property generally located north of Cannon
Road, south of the Agua Hedionda Lagoon, east of Interstate 5 and west of Local
Facilities Management Zone 8, from the area subject to the Specific Plan; and
- 343, to grant a zone change (ZC 94-2) for property generally located north of
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January 16, 1996 CITY COUNCIL Page 4
ORDINANCES FOR ADOPTION: (Continued)
Council adopted ORDINANCE NO. NS-346, approving a development agreement
with Leg0 Park Planning, Inc., (LPPI) to provide for construction of a LEGOLAND
Park in Carlsbad.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Don Connors, 921 Begonia Court, stated the new Poinsettia Bridge over 1-5 is a very welcome addition to
those who walk over that bridge to the shopping center west of the freeway. However, there are no
sidewalks continuing into the first driveway of the center. He showed slides of the area and requested
Council support in requesting the developer to consider constructing a pedestrian ramp in the
embankment area currently used by pedestrians to access the shopping center.
Council referred the matter to staff.
PUBLIC HEARINGS:
43 a. AB #13,471 - APPEAL OF DENIAL OF CUP 95-10 - KOOTER'S BARBEQUE.
City Manager Ray Patchett announced he had received communication from the appellant saying
they favored another way to meet City requirements. Therefore, the appellant requested this item
be returned to staff and the Planning Commission.
ACTION: By consensus, Council granted the appellant's request and returned the matter
to staff and the Planning Commission.
99 8. AB #13,472 - MAREA - AVIARA PLANNING AREA 12 - MP-l77(L)/LCPA 95-13/CT 89-39(A)/PUD 113 89-1 9(A). 77 Mayor Lewis opened the duly noticed Public Hearing at 6:38 p.m., and issued the invitation to
speak.
Larry Clemens, Aviara Land Associates Limited Partnership, 201 1 Palomar Airport Road, Suite 206,
stated the applicant agrees with staff recommendations and asked for approval.
Since no one else w'shed to speak on this matter, the Public Hearing was closed at 6:39 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO.
NS-347, adopting the Aviara Master Plan Amendment relative to the clustered
single family condominiums on property generally located in the Southwest
Quadrant of the City in Local Facilities Management Plan Zone 19; and
adopted RESOLUTION NO. 96-20, approving a Master Plan Amendment, Local
Coastal Program Amendment, Tentative Tract Map Revision and Planned Unit
Development Permit Amendment within Planning Area 12 of the Aviara Master
Plan generally located in the Southwest Quadrant in Local Facilities Management
Zone 19.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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DEPARTMENTAL AND CITY MANAGER REPORTS:
59 9. AB #13,473 - UPDATE ON FINANCIAL INFORMATION SYSTEM PROJECT AND APPROVAL OF
45 CONTRACT FOR MICROCOMPUTER TRAINING.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- 21, authorizing the Mayor to execute a contract for microcomputer training
services with Lienhard Consulting Group; and
directed staff to proceed with Phase 4 of the Financial Information Systems
project, which includes the upgrade of microcomputer hardware and software and
provision of appropriate training.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hal!
68 10. AB #13,474 - APPROVAL OF EXTENSION AND AMENDMENT NO, 2 TO COMMUNITY
PROMOTION AGREEMENT WITH CARLSBAD CHAMBER OF COMMERCE.
Larry Scheer, 3587 Roosevelt Street, a business owner in the Village, past Co-Chair of the
Carlsbad Village Business Association and a Member of the Board of Directors, spoke in favor of
the proposal presented by the CVBA for the operation of ConVis. He stated they were wearing
gold ribbons to represent a golden opportunity for the City to award the contract to the CVBA.
He stated the Carlsbad Village Business Association is a non-profit corporation, and some of its
members are also members of the Chamber of Commerce; however, there is no association with
the Chamber, other than a fiiendly working relationship. Mr. Scheer stated there would never be
an administration fee or any other fee, except liability insurance, which would be only a few
hundred dollars a year.
City Attorney Ron Ball stated that the item under consideration tonight is whether or not to enter
into an extension of the contract with the Carlsbad Chamber of Commerce. Council could reject
the Chamber proposal and issue an RFP for proposals from the Chamber and from the Carlsbad
Village Business Association; however, the proposal from the CVBA was not on the agenda.
Ralph Giove, 751 Macadamia Drive, General Manager, Ramada Inn, spoke in opposition to
extending the contract with the Chamber of Commerce. He said that ConVis has had an acting
manager the last three months and needs guidance to promote Carlsbad to the greatest benefit.
Norine Sigafoose, 2805 Ocean Street, spoke in opposition to extending the agreement with the
Chamber and in support of contracting with CVBA for ConVis service.
Diane Scheer, 3587 Roosevelt Street, Past Co-Chair of Village Business Association, stated ConVis
is very important to the City of Carlsbad. She spoke in opposition to extending the contract with
the Chamber.
Allan Wanamaker, 2399 Jefferson Street, business owner in Carlsbad, stated it is important for
ConVis to be independent and without any administration fees or unexplained expenses. He
expressed support for contracting with the CVBA.
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January 16, 1996 CITY COUNCIL Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Walt Riche, 300 Carlsbad Village Drive, #I 088, stated the two major items for ConVis are business
relocation and tourism and both require a different approach. He said the Chamber of Commerce
is doing a great job in developing the business climate and promoting the relocation of
businesses; however, the promoting of tourism and special events is a tremendous job and it is
unfair to ask one entity to split their time between two directions.
Mr. Riche recommended an independent organization such as the CVBA, should handle tourism
with the sole purpose of promoting Carlsbad as the place to visit.
Rick Smock, 2722 lnverness Drive, Best Western Marketing Board, stated it is important to have
a strong advertising and marketing program. He said he believes now is the time for this
community to develop a stand-alone ConVis. Mr. Smock stated he is opposed to the signing of
the contract with the Chamber. He stated his concern with the increased administrative fee to be
charged by the Chamber, and added that he would be honored to serve on the Board that would
be created in the proposal by CVBA.
Peder Norby, 2630 Valewood Avenue, spoke in favor of the proposal by the Carlsbad Village
Business Association, stating this would provide the City with an option, with a new organization
to promote tourism. He stated he would also serve on the Board and said that eleven people
have agreed to serve on that Board of Directors.
Robert Shipley, President, Carlsbad Chamber of Commerce, 1063 Harbor Drive, Vista, stated Re
was Rere to defend the Chamber tonight and to draw attention to some problems that might result
from terminating their contract at this time. He stated the Chamber has managed ConVis for eight
years and the books for ConVis have always been open. He recommended approval of the six-
month extension and payment of the existing bills. He concluded, saying that no matter what
action Council might take, the Chamber would cooperate to promote tourism in the City.
ACTION: On motion by Mayor Pro Tem Nygaard, Council denied the request to extend the
existing agreement with the Carlsbad Chamber of Commerce to promote tourism
and provide services to visitors to the City.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ACTION: By unanimous consensus, Council determined they would consider proposals
from only the CVBA and the Chamber of Commerce for ConVis services for the
long term, and the areas to be covered in the proposals should include: (1)
Visitor Info Service; (2) Travel Writer Program; (3) Advertisements; (4) Brochures;
(5) Local Events; (6) and any private matching of funds with the City’s contribution
of up to $21 1,000.
ACTION: By consensus, Council determined the proposals from the CVBA and the
Chamber would be considered to cover the period of February, 1996, through
June, 1996, to include costs to provide (1) Visitor Info Service; (2) Travel Writer
Program; (3) Advertisements; (4) Brochures; and (5) Local Events.
ACTION: By consensus, Council agreed that any outstanding bills the Chamber of
Commerce has for Conk will be paid by the City.
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January 16, 1996 CITY COUNCIL Page 7
RECESS:
Mayor Lewis declared a recess at 755 p.m., and Council re-convened at 8:05 p.m., with all five Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
20 11. AB #13,475 - DECLARATION OF PUBLIC NUISANCE AT 2637 JEFFERSON STREET.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-
23, declaring the City’s intention to hold a Public Hearing on February 6, 1996, on the abatement of a public nuisance at 2637 Jefferson Street, APN 155-1 70-25-00.
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.
ADJOURNMENT:
By proper motion, the Regular Meeting of January 16, 1996, was adjourned at 8:ll p.m.
Respectfully submitted,
ALETHA &QJtBLk.@+ L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk