HomeMy WebLinkAbout1996-09-10; City Council; Minutes (2)I 0 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE QF MEETING: September 10, 1996
TIME QF 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, Kulchin, Mayor Pro Tern Nygaard and Mayor
Lewis.
Absent: Council Member Finnila.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tern Nygaard, Council unanimously approved the
Minutes of the following Meetings, as presented:
Minutes of the Special Meeting held August 6, 1996.
Minutes of the Regular Meeting held August 6, 1996.
Minutes of the Special Meeting held August 13, 1996.
Minutes of the Regular Meeting held August 13, 1996.
Minutes of the Special Meeting held August 20, 1996.
Minutes of the Regular Meeting held August 20, 1996.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Nygaard,
Council unanimously affirmed the action of the
Consent Calendar, Items #1 through # 15, as
follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the test of all Ordinances and Resolutions at this
Meeting.
39 1. AB #13,787 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City investments
as of July 3 1, 1996.
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September 10, 1996 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
113 2. AB #13.788 - APPROVAL OF AGREEMENTS FOR PREPARATION OF EIR 45 FOR POINSETTIA PROPERTIES SPECIFIC PLAN - SP 210.
Council adopted RESOLUTION NO. 96-289, approving an agreement with
Cotton/Beland/Associates, Inc., for the preparation of an Environmental Impact
Report for the Poinsettia Properties Specific Plan, and approving an agreement
with HSL/BP/Michan, Limited Partnership, to provide funding for the EIR.
84 3. AB #13,789 - REQUEST FOR AUTHORITY TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 96-290, authorizing destruction of certain
obsolete records in the Purchasing Department.
105 4. AB #13,790 - APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENTS FOR 45 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 96-291, approving 1996-97 Subrecipient
Agreements for CDBG funds with the following: Western Institute Foundation
for Mental Health, Brother Benno Foundation, Senior Adult Services, North
County Council on Aging, Hospice of the North Coast, Women’s Resource
Center, Family Service Association, Join Hands-Save a Life, Lifeline
Community Services, SER/Jobs for Progress, Inc., North County Health
Services, YMCA Oz North Coast and EYE Counseling & Crisis Services.
43 5. AB #13,791 - DENIAL OF APPEAL REGARDING EXTENSION OF CONDITIONAL USE PERMIT FOR THE AVIARA INFORMATION CENTER -
CUP 90-7~ 1.
Council adopted RESOLUTION NO. 96-292, denying the appeal and upholding
the Planning Commission’s approval of an extension of the Conditional Use
Permit for the Aviara Information Center, on property generally located on the
north side of Alga Road between Black Rail Court and Cormorant Drive, in
Local Facilities Management Zone 19.
41 6. AB #13,792 - SETTLEMENT OF CLAIM FROM FARMERS INSURANCE GROUP.
Council adopted RESOLUTION NO. 96-293, authorizing the settlement of the
Farmers Insurance Group claim, and authorizing the Risk Manager to make
payment of the settlement amount.
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September 10, 1996 CITY COUNCIL Page 3
94
85 45
78 45
105
27
99
23
CONSENT CALENDAR: (Continued)
7. AB #13,793 - DISSOLUTION OF THE PARKING AUTHORITY.
Council adopted RESOLUTION NO. 96-294, approving the final audit,
dissolving the Parking Authority, and approving the transfer of the Parking
Authority’s assets to the City.
8. AB #13,807 - AWARD OF CONTRACT FOR ADMINISTRATION AND
EMPLOYMENT SERVICES FOR CARLSBAD HIRING CENTER.
Council adopted RESOLUTION NO. 96-295, awarding the contract for
administrative and employment services at the Carlsbad Hiring Center to the
San Diego County SER/Jobs for Progress, Inc., for the period July 1, 1996
through June 30, 1997.
9. AB #13.794 - APPROVAL OF AGREEMENT WITH MUNICIPAL ALARM
TRACKING.
Council adopted RESOLUTION NO. 96-296, approving an agreement with
Municipal Alarm Tracking (M.A.T.) for false alarm tracking services.
10. AB #13,795 - AUTHORIZATION FOR CITY REPRESENTATIVES TO
PARTICIPATE IN THE FEDERAL SURPLUS PROPERTY PROGRAM.
Council adopted RESOLUTION NO. 96-297, authorizing the Purchasing
Officer, the Fire Division Chief, and the Community Services Director to
represent the City in the Federal Surplus Property Program.
11. AB #13,796 - ACCEPTANCE OF ANNUAL FINANCIAL REPORT ON
CAPITAL FUNDS SUBJECT TO GOVERNMENT CODE SECTION 66006.
Council accepted the annual financial report on Capital Funds which are subject
to Government Code Section 66006, for the year ending June 30, 1996.
12. AB #13,797 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 90-9(A),
UNIT 2.
Council adopted RESOLUTION NO. 96-298, approving the Final Map for CT
90-9(A) Aviara Planning Area 5, Unit 2, Western Pacific Housing.
13. AB #13,798 - APPROVAL OF GRANT APPLICATION TO THE CALIFORNIA
ARTS COUNCIL.
Council adopted RESOLUTION NO. 96-299, approving the Arts Office grant
application to the California Arts Council State/Local Partnership Program.
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September 10, 1996 CITY COUNCIL Page 4
CONSENT CALENDAR: (Continued)
99 14. AB #13,799 - APPROVAL OF AGREEMENT REGARDING ACQUISITION OF EASEMENTS REQUIRED FOR CARLSBAD TRACT 84-32(A).
Council adopted RESOLUTION NO. 96-300, approving an agreement with Pac
West Group, Inc., regarding the acquisition and possible condemnation of
certain easements for street and other purposes required for Subdivision CT 84-
32(A).
74 15. AB #13,808 - ADDITIONAL SERVICE CREDIT FOR ELIGIBLE CITY
EMPLOYEES RETIRING FROM CITY SERVICE.
Council accepted the report regarding PERS one to four years additional service
credit for eligible City employees retiring from City service, and directed staff
to place the item on the October 1, 1996, agenda for Council action.
PUBLIC COMMENT:
Hope Wrisley, 2080 Basswood, stated that if the City could pay $38,000 a year for the
Tamarack parking lot, then they could afford to pay for lifeguards in the north beach
area. She stated this is a matter of public safety, since there is public access to these
beaches. She said that although the beaches there are privately owned, the City should
provide lifeguards, since 3.4 million dollars is paid to the City each year by the
hotel/motel owners in TOT fees:
Mayor Lewis stated that beach at the north beach area is privately owned. He said
that lifeguards are provided by the State on State-owned beaches, and we all pay taxes
to the State for that service. He also stated if the property owners of that north beach
area would give the beach to the City, then the City would provide lifeguards.
Council Member Kulchin stated at a future meeting she intended to ask Council to
direct the Parks & Recreation Commission to look at the lifeguard situation again.
PUBLIC HEARINGS:
99 16. AB #13,72 - RANCHO CARRILLO VILLAGE “E” - CT 95-6/PUD 95-4.
Staff reported that the Housing Commission reviewed this project and
recommended the number of affordable units be increased from 20 to 26.
Mayor Lewis opened the duly noticed Public Hearing at 6:15 p.m., and issued
the invitation to speak
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September 10, 1996 CITY COUNCIL Page 5
PUBLIC HEARINGS: (Continued)
Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120,
representing the applicant, stated this project complies with all the affordable
housing policies and provides a variety of ownership and units. He stated the
applicant agreed to the change in the number of affordable units and he
requested approval.
Ron Wootton, P. 0. Box 1666, representing the Mary E. Bressi Trust, stated his
comments relate to Villages “E”, “J” and “K”. He stated his concerns related to
the Carrillo Ranch Master Plan. Most of the issues are now resolved; therefore,
he was removing his objections to Villages “E”, “J” and “K”.
Since no one else wished to speak on this matter, Mayor Lewis closed the
Public Hearing at 6:19 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council instructed
the City Attorney to return with documents approving a
Tentative Map and Planned Development Permit to
subdivide the property into 115 lots with 104 duplex units
amended to increase the 20 affordable two and three
bedroom units to 26 units, all on property generally located
south of Palomar Airport Road between future Melrose
Drive and the City’s eastern boundary in the P-C Zone and
EFM Zone 18; and Council directed staff to process the
appropriate amendment to the related and approved site
development plan.
AYES: Lewis, Nygaard, Kulchin and Hall
99 17. AB #13.800 - RANCHO CARRILLO VILLAGES “J” AND “K” - CT 92-1/PUD 95-5.
Staff reported that the Housing Commission reviewed this project and
recommended lowering the number of second dwelling units in Villages “J” and
“K” from 27 to 20.
Mayor Lewis opened the duly noticed Public Hearing at 6:23 p.m., and issued
the invitation to speak.
Mike Howes, Hofman Planning Associates, asked for approval.
Ron Wootton, P. 0. Box 1666, stated he would just repeat what he said on Item
#16.
Since no one else wished to speak on this matter, Mayor Lewis closed the
Public Hearing at 6:26 p.m.
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September 10, 1996 CITY COUNCIL Page 6
PUBLIC HEARINGS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council instructed
the City Attorney to return with documents approving the
Tentative Tract Map and Planned Unit Development for
Rancho Carrillo Villages “J” and “K” located south of
Palomar Airport Road, adjacent to future Melrose Drive and
north of the Rancho Carrillo Park Site; amended to reduce
the number of second dwelling units from 27 to 20; and
Council directed staff to process appropriate amendments to
the related and approved site development plans.
AYES: Lewis, Nygaard, Kulchin and Hall
113 18. AB #13.801 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO
GREEN VALLEY MASTER PLAN - MP 92-1(A).
Mayor Lewis opened the duly noticed Public Hearing at 6:30 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 introduced
ORDINANCE NO. NS-377, amending the Green Valley
Master Plan by the amendment of various sections which
add suggested modifications made by the California Coastal
Commission.
AYES: Lewis, Nygaard, Kulchin and Hall
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 6:30 p.m., and re-convened at
6:32 p.m., with the Municipal Water District and Housing and Redevelopment
Commission for a special joint meeting, with four Members present, and Council
Member Finnila absent.
JOINT COUNCIL/CMWD/HOUSING AND REDEVELOPMENT SPECIAL
MEETING.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Nygaard, Council
unanimously affirmed the action of the Consent Calendar,
Item # 1, as follows:
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September 10, 1996 COUNCIL/CMWD/HOUSING AND REDEVELOPMENT
SPECIAL JOINT MEETING Page 7
CONSENT CALENDAR: (Continued)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all ordinances and resolutions at this
meeting.
74 1. AB #13,802 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Pink Green Council adopted RESOLUTION NO. 96-302, amending the local Conflict of Interest Code of the City of Carlsbad.
The joint meeting was adjourned at 6:34 p.m., and Council re-convened with
four Council Members present and Council Member Finnila absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
70 19. AB #13,803 - AGUA HEDIONDA LAGOON STUDY.
Staff referred to the Agenda Bill and noted the alternatives: 1) proceed with
the Resolution of Intention, just looking at the south shore of the Lagoon and
open space on the south shore; or 2) conduct a review of the specific plan/local
coastal plan for the entire Agua Hedionda area. Planning Director Mike
Holzmiller stated that there are three differences between the two alternatives.
They include; 1) the length of time and effort to complete the study, with the
larger study taking 19 to 23 months and the smaller one six months; 2) the
number of issues involved; the number of concerns and issues in the areas
would have to be addressed and this would increase significantly if that
included the entire Agua Hedionda Coastal Plan; and 3) the cost. He said that
staff was going to do the study in-house, but the larger study would probably
mean hiring a consultant, which would add significantly to the cost.
Paul O’Neal, 5875 Avenida Encinas, representing SDG&E, read from a letter
dated September 10, 1996, from Steven D~vis, Division Manager, SDG&E
(copy of which is in file in the City C1erk”s Office). This letter was in
opposition to downzoning SDG&E’s Encina Eazt property.
Tom King, 4781 Gateshead Road, President of the Agua Hedionda Lagoon
Foundation, referenced their letter (copy of which is on file in the City Clerk’s
Office) stating their position requesting the City to expand their study to
include a review of the entire Lagoon area.
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September 10, 1996 CITY COUNCIL Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Planning Director Mike Holzmiller stated staff believes the Agua Hedionda LCP
is a good plan. Me suggested that concerns might be addressed if a Management
Plan were prepared to make sure the LCP is properly implemented.
Mayor Lewis expressed concern about the area and questioned whether a
moratorium on development in that area should be implemented while the study
is in process.
ACTION: On motion by Mayor Pro Tem Nygaard, Council continued
this item and requested staff to return with a report
addressing the following issues: (1) an overview of the
Agua Hedionda LCP and its history; (2) possible scope and
content of a Management Plan to implement the LCP; (3)
impacts of studying only the south shore; (4) impacts of
studying the LCP; (5) the issue of a moratorium; (6) how
this all relates to staff workload and other priorities, and
(7) the possibility of a workshop to get public input
regarding desired land uses in that area.
AYES: Lewis, Nygaard, Kulchin and Hall
39 20. AB #13.804 - ANNUAL REPORT ON THE CITY’S INVESTMENT
PORTFOLIO.
ACTION: By consensus, Council accepted the City Treasurer’s Annual
Report on the City’s investment portfolio for Fiscal Year
ended June 30, 1996.
39 2 1. AB # 13.805 - ANNUAL REVIEW OF CITY INVESTMENT POLICY.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-304, revising the City’s investment
policy.
AYES: Lewis, Nygaard, Kulchin and Hall
28 22. AB #13.806 - DESIGN REVIEW BOARD APPOINTMENT.
This item was continued until a full Council is present.
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and
Subcommittees of which they are Members.
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September 10, 1996 CITY COUNCIL Page 9
ADJOURNMENT:
By proper motion, the Regular Meeting of September 10, 1996, was adjourned at
7:39 p.m.
Respectfully submitted,
aoit7d.p@-
ALETHA L. RAUTENKRANZ 0
City Clerk
Harriett Babbitt
Minutes Clerk