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Home My WebLink About1996-11-12; City Council; Minutes (2)0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 12, 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: 17 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. APPROVAL OF MINUTES: None. PRESENTATION: Mayor Lewis and Police Chief Vales presented a Proclamation to Gannon Maszk for being selected as the 1996 Carlsbad Police Officer of the Year. CONSENT CALENDAR: Items # 1, #2 and #3 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #4 through #9, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 68 1. AB #13,889 - ACCEPTANCE OF CARLSBAD CONVENTION AND VISITORS BUREAU REPORT. This item was removed from the Consent Calendar. 0 0 74 54 45 44 45 26 97 45 96 45 November 12, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 2. AB #13,890 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIMS OF DEAN SPINOS. City Attorney Ron Ball requested this item be withdrawn from the Agenda. 3. AB #13,891 - APPROVAL OF CONSULTANT AGREEMENT FOR DEVELOPMENT OF 1-5 CORRIDOR DESIGN PLAN. This item was removed from the Consent Calendar. 4. AB #13,892 - APPROVAL OF CONSULTANT AGREEMENTS FOR ENGINEERING SERVICES. Council adopted RESOLUTION NO. 96-377, approving consultant agreements with Galen Peterson and with Dick Jacobs Associates for the provision of professional engineering services on an as-needed basis. 5. AB #13,893 - APPROVAL OF PLANS AND SPECIFICATIONS FOR THE BUENA VISTA CHANNEL DREDGING - PROJECT NO. 2489. Council adopted RESOLUTION NO. 96-378, approving plans and specifications and authorizing the City Clerk to advertise for bids for the Buena Vista Channel Dredging, Project No. 2489. 6. AB #13,894 - APPROVAL OF STATE AND LOCAL PARTNERSHIP AGREEMENT FOR FUNDING FOR THE REPLACEMENT OF THE RANCHO SANTA FE ROAD BRIDGE OVER SAN MARCOS CREEK. Council adopted RESOLUTION NO. 96-379, approving Prograln Supplemental Agreement No. 20 to Local Agency-State Agreement No. 11-5308, to provide funding for the preliminary engineering and right-of-way phase of the Rancho Santa Fe Road bridge replacement. 7. AB #13,895 - AWARD OF CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AT THE INTERSECTION OF AVIARA PARKWAY AND FOUR SEASONS POINT - PROJECT NO. 3501. Council adopted RESOLUTION NO. 96-380, accepting bids and awarding a contract in the amount of $82,144, to Select Electric, Inc., for the construction of the traffic signal at the intersection of Aviara Parkway. 0 0 November 12, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 110 8. AB #13,896 - APPROVAL OF LICENSE AGREEMENT FOR 45 TELECOMMUNICATIONS FACILITY AT ELLERY RESERVOIR SITE. Council adopted RESOLUTION NO. 96-381, approving a license agreement with Cox California PCS, Inc., for the construction, maintenance and operation of a telecommunications facility at the Ellery Reservoir site located at 2237 Janis Way. 50 9. AB #13,897 - ACCEPTANCE OF FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 1996-97. Council accepted the First Quarter Financial Report for Fiscal Year 1996-97, summarizing the status of the General Fund, The Water and Sanitation Enterprises and the Redevelopment Agency revenues. ITEMS REMOVED FROM THE CONSENT CALENDAR: 68 1. AB #13,889 - ACCEPTANCE OF CARLSBAD CONVENTION AND VISITORS BUREAU REPORT. Steve Link, Executive Director, ConVis, gave a report summarizing CCVB activities for the contract period of February 1, 1996, through July 3 1 , 1996. ACTION: On motion by Mayor Pro Tem Nygaard, Council approved the report as presented. AYES: Lewis, Nygaard, Finnila and Hall 54 3. AB i413.891 - APPROVAL OF CONSULTANT AGREEMENT FOR 45 DEVELOPMENT OF 1-5 CORRIDOR DESIGN PLAN. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 96-376, approving a consultant agreement with Kawasaki, Theilacker, Ueno & Associates for development of the 1-5 Corridor Design Plan. AYES: Lewis, Nygaard, Finnila and Hall 0 0 November 12, 1996 CITY COUNCIL Page 4 ORDINANCE FOR ADOPTION: 74 10. AB #13,898 - AMENDMENT TO PERS CONTRACT FOR LOCAL 45 MISCELLANEOUS MEMBERS. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-383, authorizing an amendment to the contract with the Board of Adnlinistration of the California Public Employees’ Retirement System (PERS) for local miscellaneous members. AYES: Lewis, Nygaard, Finnila and Hall PUBLIC COMMENT: There were no requests to address the Council. PUBLIC HEARING: 99 11. AB #13.899 - CARLSBAD RANCH HOTEL AND TIMESHARE RESORT - SDP 43 113 96-1/CT 96-1/PUD 96-1/CUP 96-1 1. Mayor Lewis opened the duly noticed Public Hearing at 6:47 p.m., and issued the invitation to speak. Tim Stripe, Grand Pacific Resorts, Inc., 5050 Avenida Encinas, Suite 200, explained the background of the company and the goals of the project. John Mattox, JPM Design Management, 5 15 1 Avenida Encinas, Suite. C, Architect, explained the design intent and objectives of the owner and the layout of the site. Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, stated they oppose Condition No. 26 of P. C. Resolution 3986, which requires the applicant to pay a non-residential affordable housing mitigation fee of an unknown amount prior to the issuance of any building permit. Mr. Hofman referred to his letter dated November 12, 1996, to the City Council, a copy of which is on file in the City Clerk’s Office. He said that this condition would recreate problems with lenders, who ~7ould be hesitant to finance a project with a potentially large impact fee requirement that was not known at that time. 0 0 November 12, 1996 CITY COUNClL Page 5 PUBLIC HEARING: (Continued) Mr. Hofman referred to his second letter dated November 12, 1996, to the City Council, containing the following proposed condition relating to parking: “Prior to the issuance of the first building permit on Lot 14 or the recordation of the final map for CT 96-1, the owners of Lot 14 and Lot 15 shall enter into an agreement for the future recordation of a Reciprocal Parking Agreement on Lot 15 for the purpose of providing sufficient parking during nighttime peak restaurant hours to comply with the requirements of Chapter 21.44 (Parking) of the Carlsbad Municipal Code and shall record a notice of such agreement encumbering Lots 14 and 15. The decision to record a Reciprocal Access Agreement shall be made by the City Council if it finds that a Reciprocal Parking Agreement is necessary based on a detailed parking study. The parking study shall be conducted within two months of the final occupancy of the second restaurant on Lot 14 and shall be commissioned by the owner of Lot 14 and subject to the review and approval of the City Engineer.” In reply to Council query, Mr. Hofman stated that Lot 15 is owned by Carltas Company. Chris Calkins, Manager, Carltas Company and Carlsbad Ranch Company, stated the parkway site improvements are being built now, and this includes the sidewalk. Since Council had some concern about skateboarders using the sidewalk, Mr. Calkins said that this is a business park and should not be a place for skateboarders to gather. He said he did not favor making a rocky sidewalk for people to use as access to the flower fields. Mr. Calkins stated that as far as the parking issue, he did not feel the proposal presented by Mr. Hofman was necessary; however, he is willing to provide the reciprocal parking agreement to take care of the peak-hour parking problem-if it ever develops. He said this project is a mixed-use concept in order to avoid having a parking problem, and it should be given an opportunity to succeed. He said that since this is a CUP, there is an opportunity to review the parking at any time. Council expressed concern about the parking issue, and stated they wanted a condition that would ensure the availability of sufficient parking in the event of a problem. ACTION: On motion by Mayor Pro Tem Nygaard, Council continued this item for two weeks in order to allow staff to finalize the condition concerning parking requirements. AYES: Lewis, Nygaard, Finnila and Hall e .o November 12, 1996 CITY COUNCIL Page 6 RECESS: Mayor Lewis declared a recess at 8:14 p.m., and Council re-convened at 8:23 p.m., with four Members present and Council Member Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 87 12. AB #13,900 - APPROVAL OF AGREEMENT WITH MOTOROLA, INC., FOR 45 PHASE 1 OF THE 800 MHZ DISPATCH CENTER AND MICROWAVE SYSTEM FOR THE CITY OF CARLSBAD. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-383, approving the Communications System Agreement and Lease Purchase Agreement between the City of Carlsbad and Motorola, Inc. AYES: Lewis, Nygaard, Finnila and Hall 22 13. AB #13,901 - APPROVAL OF AGREEMENT FOR AIRPORT FIREFIGHTING 45 PERSONNEL ACTION: On motion by Mayor Pro Ten1 Nygaard, Council adopted RESOLUTION NO. 96-384, approving an agreement with the County of San Diego for the provision of aircraft rescue firefighting personnel at McClellan-Palomar Airport. AYES: Lewis, Nygaard, Finnila and Hall COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subconunittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of November 12, 1996, was adjourned at 8:46 p.m. Respectfully submitted, wF?#w ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk