HomeMy WebLinkAbout1996-10-01; City Council; Minutes (2)a 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October I, 1996
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:04 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Finnila, Hall, Kulchin, Mayor Pro Tem Nygaard and
Mayor Lewis.
Absent: None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Nygaard, Council approved the Minutes of the
following Meetings, as presented:
Minutes of the Special Meeting held September 10, 1996.
Minutes of the Regular Meeting held September 10, 1996.
Minutes of the Special Meeting held September 17, 1996.
Minutes of the Regular Meeting held September 17, 1996.
Minutes of the Special Meeting held September 24, 1996.
Minutes of the Regular Meeting held September 24, 1996.
Minutes of the Special Meeting held September 24, 1996.
AYES: Lewis, Nygaard, Kulchin, Hall and Finnila
ABSTAIN: Finnila (September 10, 1996 Regular and Special Meetings)
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and
participate in the following events:
The Carlsbad-By-The-Sea Groundbreaking Ceremony, at 2855 Carlsbad Boulevard, on
Wednesday, October 2, 1996, at 4:OO p.m.
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October 1, 1996 CITY COUNCIL Page 2
ANNOUNCEMENTS (Continued)
The North County Animal Shelter Grand Opening, at 2481 Palomar Airport Road, on
Friday, October 4, 1996, at 9:OO a.m.
The Insights '96 Symposium, at the San Diego Convention Center, on Saturday,
October 5, 1996, at 9:OO a.m.
The Oktoberfest Celebration, at Holiday Park, on Saturday, October 5, 1996, at 12:OO
Noon.
PRESENTATIONS:
City Manager Ray Patchett gave an update on the Strategic Planning process and
introduced the Steering Committee Members as follows: Jill Prichard, Callie Ahrens,
Bill Anderson, Toni Espinosa, Lisa Hildabrand, Sherri Howard, Randy Lawrence, Lori
Lieberman, Isabelle Paulsen, Lee Rautenkranz, Brian Troupe, Debbie Fountain, Don
Rideout, Marilyn Strong, Jim Hawks, and Ann Jensen.
CONSENT CALENDAR:
Council Member Kulchin referenced Item No. 7, and itemized the donations
contained therein.
ACTION: On motion by Mayor Pro Tem Nygaard,
Council unanimously affirmed the action of the
Consent Calendar, Items #1 through #9, 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 #13,823 - ADDITIONAL SERVICE CREDIT FOR ELIGIBLE CITY
EMPLOYEES RETIRING FROM CITY SERVICE.
Council adopted Resolution No. 96-314, granting two years additional service
credit to five eligible city employees retiring from city service.
-05 2. AB #13,824 - APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENTS FOR 45 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 96-315, approving 1996-97 Subrecigient
Agreements for CDBG funds with Catholic Charities and the Community
Resource Center.
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October 1, 1996 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
05 3. AB #13.825 - COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
ANNUAL PERFORMANCE REPORT FOR THE CDBG PROGRAM FOR
FISCAL YEAR 1995-96.
Council adopted RESOLUTION NO. 96-316, approving the City of Carlsbad’s
1995-96 Comprehensive Housing Affordability Strategy (CHAS) Annual
Performance Report for the Community Development Block Grant Entitlement
Program.
,05 4. AB #13,826 - GRANTEE PERFORMANCE REPORT FOR CDBG PROGRAM FOR FISCAL YEAR 1995-96.
Council adopted RESOLUTION NO. 96-317, approving The City of Carlsbad’s
1995-96 Grantee Performance Report for the Community Development Block
Grant Entitlement Program.
35 5. AB #13.827 - REQUEST FOR AUTHORITY TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 96-318, authorizing the destruction of
certain records in the City Attorney’s Office.
39 6. AB #13,828 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of city investments
as of August 31, 1996.
81 7. AB #13,829 - ACCEPTANCE OF DONATIONS.
Council adopted RESOLUTION NO. 96-319, accepting donations totaling
$1,525, in support of the Annual Agua Hedionda Lagoon Clean-up ($250), the
Kruger House Preschool Program ($375), and the donation of three flag poles to
enhance future city facilities and park sites ($900).
50 8. AB #13,841 - ACCEPTANCE OF FINANCIAL STATUS REPORT FOR FISCAL YEAR 1995-96.
Council accepted the Financial Status Report for the fiscal year ending June 30,
1996; and
Council adopted RESOLUTION NO. 96-320, appropriating an additional
$15 1,0 10 for the Police Department budget and an additional $12 1,800 for the
Fire Department budget for Fiscal Year 1995-96.
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October 1, 1996 CITY COUNCIL Page 4
CONSENT CALENDAR: (Continued)
97 9. AB #13.843 - APPROPRIATION OF FUNDS FOR CARLSBAD SHORE PROTECTION WALL - PROJECT NO. 3307.
Council adopted RESOLUTION NO. 96-331, authorizing the appropriation of
$282,000 from the City’s TransNet Local Fund balance for construction of the
shore protection wall along Carlsbad Boulevard adjacent to the Agua Hedionda
Lagoon.
PUBLIC COMMENT:
Mary Jean Wood, 3280 Basswood Avenue, addressed the City Council regarding the
city’s plan to remove the majestic old ficus trees in front of her home. She
commented that if the City would trim the new growth on these trees annually, there
would not be any curb or street damage. She stated her opposition to the removal of
the trees, and presented a petition signed by 191 neighbors also opposed to the
removal.
Ross Cirrincione, 2071 Janis Way, addressed the City Council regarding the torrey
pine trees in front of his home. He stated that he had been contacted by the
Engineering Department, and was told that the city plans to remove the two pine trees
on his corner lot, as the roots are raising the cement, and also that the city must put in
new curbs and ADA access. He stated that he is opposed to the removal of his two
pine trees. He distributed pictures of the trees and requested that staff be instructed
not to remove the trees until this matter is resolved by the City Council.
Meg Vinton, of the Carlsbad Childrens’ Museum, 300 Carlsbad Village Drive, Suite
103, addressed Council regarding the increased attendance at the museum. She
reported that attendance had increased thirty percent during the summer, and that over
26,000 have gone to the museum this year.
Council requested a report on the issue of the tree removal.
PUBLIC HEARINGS:
99 10. AB #13.830 - SAMBI SEASIDE HEIGHTS - CT 92-2(A)/PUD 92-3(A)/SDP 92-
6(A)/HDP 92-3(A).
Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m., and issued
the invitation to speak.
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October 1, 1996 CITY COUNCIL Page 5
PUBLIC HEARINGS: (Continued)
Nick Banche, 7 15 Pier View Way, Oceanside, attorney for the applicant,
Toyohara of America, stated that the Coastal Commission requirements to save
the finger canyons on the site caused ten percent of the changes in the project.
He added that the applicants desire to provide a marketable product caused the
other changes in the project.
Kaz Kawakita, the President of Toyohara of America, addressed the Council.
He stated he accepted all of the conditions on the project as recommended by
staff and the Planning Commission.
Since no one else wished to speak on this matter, Mayor Lewis closed the
Public Hearing at 6:57 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-321, approving a Vesting Tentative
Map Revision, Planned Development Permit Amendment
Permit, Site Development Plan Amendment, and Hillside
Development Permit Amendment to subdivide a 65.8 acre
property into 137 single family lots, 98 townhomes on small
lots, 42 ownership airspace townhomes designated as
affordable to lower income households, and designated one
future Community Facilities site, on property generally
located east of Paseo Del Norte, north of Camino De Las
Ondas, south of Palomar Airport Road, in Local Facilities
Management Zone 20.
AYES: Lewis, Nygaard, Kulchin, Hall, and Finnila
ITEM REMOVED FROM DEPARTMENTAL AND CITY MANAGER REPORTS:
The following item was taken out of order and heard at this time:
99 13. AB #13,842 - REQUEST FOR FINANCIAL ASSISTANCE FOR SAMBI SEASIDE HEIGHTS AFFORDABLE HOUSING PROJECT - (CT 92-2(A)/SDP
92-6(A).
The staff report was presented by Evan Becker, Housing and Redevelopment
Director. He reported that the revised development, as approved in the
previous agenda item, replaces an apartment project including 63 affordable
units with a for-sale townhome project including 42 two and three-bedroom
affordable housing units. He stated that the recommendation of staff and the
Housing Commission is for the approval of financial assistance in an amount
not to exceed $453,600, to be paid from the City’s Housing Trust Fund.
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October 1, 1996 CITY COUNCIL Page 6
ITEM REMOVED FROM DEPARTMENT AND CITY MANAGER REPORTS:
(Continued)
Mr. Becker reported that the city assistance would be allocated at $10,800 per
affordable unit, and would be structured as a loan which will be repaid to the
City upon resale of the affordable units.
In response to Council query, Mr. Becker stated that the affordable units would
be fully equipped units, which would look similar to the market rate units. He
also outlined the order in which the debt issued at first sale would be paid upon
resale of the affordable units.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-332, approving the commitment of
financial assistance, in an amount not to exceed $453,600
from the Housing Trust Fund, for the purpose of assisting
in the construction of 42 for-sale townhomes affordable to
lower income households, to be located in the Sambi
Seaside Heights project, in the southwest quadrant of the
City.
AYES: Lewis, Nygaard, Kulchin, Hall, and Finnila
CONTINUATION OF PUBLIC HEARINGS:
114 11. AB #13,831 - REGULATIONS REGARDING CORPORATE FLAGS - ZCA 96- 77 8/LCPA 96-7
The staff report was presented by Brian Hunter, Senior Planner. He outlined
the proposed regulations, and explained that corporate flags would only be
allowed in Local Facilities Management Zones 5, 13, and 16, which are
industrial areas in the City.
Mayor Lewis opened the duly noticed Public Hearing at 7:24 p.m., and issued
the invitation to speak.
Hope Wrisley, 2080 Basswood Avenue, addressed Council and urged approval
of the ordinance.
Jan Sobel, 2900 Wintergreen Drive, representing the Carlsbad Chamber of
Commerce, addressed Council urging support of the ordinance.
Since no one else wished to speak on this matter, Mayor Lewis closed the
Public Hearing at 7:35 p.m.
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October 1, 1996 CITY COUNCIL Page 7
PUBLIC HEARINGS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced
ORDINANCE NO. NS-379, approving an amendment to
Title 21, Chapter 21.41 of the Carlsbad Municipal Code,
and an amendment to the City’s Local Coastal Program to
allow specified properties within the M, C-M, and P-M
zones to maintain a company flag when flown in traditional
combination with the Federal and State Flags.
AYES: Lewis, Nygaard, Kulchin, Hall, and Finnila
98 12. AB #13.832 - BLUE HERON STREET NAME CHANGE - SNC 96-1.
The staff report was presented by Mike Grim, Associate Planner. He explained
that Blue Heron Place is a private road that serves only the Four Seasons Hotel
and Resort. He also reported that the applicant had agreed to abbreviate
“Point” to “Pt” so that the street name.would fit on a standard street sign, and
that the applicant has also agreed to pay all associated costs.
Lastly, Mr. Grim reported that the Planning Commission has recommended that
Council Policy No. 20 regarding the rules and regulations governing street name
changes be reviewed.
Mayor Lewis opened the duly noticed Public Hearing at 7:43 p.m., and issued
the invitation to speak.
Larry Clemens, 201 1 Palomar Airport Road, addressed Council on behalf of the
applicant, and requested approval.
Since no one else wished to speak on the matter, the public hearing was closed
at 7:44 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-323, approving a street name
change, renaming all of Blue Heron Place to Four Seasons
Point, in the Four Seasons Resort Aviara, on property
generally located south of Aviara Parkway, between Finch
Lane and Black Rail Court, in the southwest quadrant of the
City, and in Local Facilities Management Zone 19.
AYES: Lewis, Nygaard, Kulchin, Hall, and Finnila
RECESS:
Mayor Lewis declared a recess at 7:45 p.m., and Council reconvened at 7:53 p.m.,
with all five Members present.
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October 1, 1996 CITY COUNCIL Page 8
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 7:53 p.m., and re-convened at
8:45 p.m., with all five Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
99 13. 13,842 - REQUEST FOR FINANCIAL ASSISTANCE FOR SAMBI SEASIDE HEIGHTS AFFORDABLE HOUSING PROJECT - (CT 92-2(A)/SDP 92-6(A).
This item was pulled and heard immediately following Item No. 10 on the
Agenda.
72 14. AB #13,833 - ADOPTION OF PARKING RESTRICTIONS ON A PORTION OF CAMINO DE LOS COCHES.
The staff report was presented by Traffic Engineer Bob Johnson, who
explained that this item had been initiated by and was a request of the Principal
of La Costa Canyon High School, Simeon Greenstein. In response to Council
query, Mr. Johnson stated there is currently no problem, but Mr. Greenstein had
requested the restriction to prevent problems.
ACTION: Council, by consensus, determined to take no action at this
time, and directed staff to return the matter to Council after
the end of the first semester if parking problems have
occurred in the area. Council also requested that a
representative of the school be present if the matter is
returned to Council.
24 15. AB #13.384 - ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS
BY REFERENCE.
ACTION: On motion by Mayor Pro Tern Nygaard, Council introduced
ORDINANCE NO. NS-381, amending Title 7, Chapter 7.08
of the Carlsbad Municipal Code, by the amendment of
Section 7.08 .O 10 to adopt by reference, the-recently revised
San Diego County Code of Regulatory Ordinances dealing
with Rabies and Animal Control Regulations; and set a
public hearing on the matter for October 22, 1996.
AYES: Lewis, Nygaard, Kulchin, Hall, and Finnila
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October 1, 1996 CITY COUNCIL Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
The following items were considered together and approved by one motion:
28 16. AB #13,835 - SENIOR COMMISSION APPOINTMENT.
and
69 17. AB #13.836 - PARKS AND RECREATION COMMISSION APPOINTMENT. and
28 19. AB #13.839 - SISTER CITY COMMITTEE APPOINTMENT. and
- 03 20. AB #13,840 - TRAFFIC SAFETY COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted the
following Resolutions: (one motion)
RESOLUTION NO. 96-324, reappointing Mildred West to
the Senior Commission; and
RESOLUTION NO. 96-325, reappointing Seth Schulberg to
the Parks and Recreation Commission; and
RESOLUTION NO. 96-327, appointing Allan Wanamaker
to the Sister City Committee; and
RESOLUTION NO. 96-328, reappointing Thomas Blake to
the Traffic Safety Commission; and
RESOLUTION NO. 96-329, reapointing James Courtney to
the Traffic Safety Commission; and
RESOLUTION NO. 96-330, appointing Keith Gillfillan to
the Traffic Safety Commission.
AYES: Lewis, Nygaard, Kulchin, Hall, and Finnila
28 18. AB #13.837 - CARLSBAD PERSONNEL BOARD APPOINTMENT.
By consensus of Council, this item was continued.
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October 1, 1996 CITY COUNCIL Page 10
ADJOURNMENT:
By proper motion, the Regular Meeting of October 1, 1996, was adjourned at
9:12 p.m.
Respectfully submitted,
ALETHA Li!&i%iAfl- L. RAUTENKRANZ
City Clerk
Karen Kundtz
Assistant City Clerk