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HomeMy WebLinkAbout1996-12-03; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 3, 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 6:05 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 Bernice Bernard0 from the Bahai’s Community of Carlsbad. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The American Eagle Celebration at the Four Seasons Aviara Clubhouse, on Wednesday, December 4, 1996, at 5:30 p.m. The Hotel/Motel Roundtable Discussion at The Raintree Restaurant, Poinsettia at I- 5, on Thursday, December 5, 1996, at 8:OO a.m. The Bonnie Dominguez Retirement Event, at the Harding Community Center, on Tuesday, December 10, 1996, at 12 noon. PRESENTATION: Mayor Lewis presented a Proclamation for NATIONAL PEARL HARBOR REMEMBRANCE DAY, DECEMBER 7, to Robert Sullivan and Bob Kirby. CONSENT CALENDAR: Item #14 was removed from the Consent Calendar. 0 0 December 3, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of follows: the Consent Calendar, Items #I through #13, as WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 93 1. AB #13,923 - AMENDING THE MASTER DRAINAGE AND STORM WATER 47 OUALITY MANAGEMENT PLAN. Council adopted RESOLUTION NOS. 96-402 AND 96-403, approving a Negative Declaration for the amendment, and approving a March 1994 amendment to the Master Drainage and Storm Water Quality Management Plan. 97 2. AB #13,924 - APPROVING SUPPLEMENTS TO THE STATE AND LOCAL 45 TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT (SLTPP- 5398). Council adopted RESOLUTION NO. 96-404, approving Supplement Nos. 018 and 019 to the State and Local Transportation Partnership Program Agreement to provide funding for the widening of Valley, Magnolia and Chestnut, and the widening and extension of Avenida Encinas. 39 3. AB #13,925 - REPORT ON CITY INVESTMENTS AS OF OCTOBER 31, 1996. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of October 31, 1996. 99 4. AB #13,926 - FINAL MAP - SAMBI SEASIDE HEIGHTS - CT 92-2. Council adopted RESOLUTION NO. 96-405, approving the Final Map for Carlsbad Tract No. 92-2, Sambi Seaside Heights. 99 5- AB #13,927 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PACIFIC POINTE, CT 94-2. Council adopted RESOLUTION NO. 96-406, accepting the public improvements; authorizing the City Clerk to record the Notice of Completion and release bonds appropriately; and directing the Community Services Department to commence maintaining the public improvements constructed at Date and Olive Avenues, east of Garfield Street. 0 0 December 3, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 99 6. AB #13,928 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - AVIARA PA 24. CT 90-15, UNIT 3. Council adopted RESOLUTION NO. 96-407, accepting the public improvements; authorizing the City Clerk to record the Notice of Completion and release bonds appropriately; and directing the Community Services Department to commence maintaining the public improvements constructed at the corner of Aviara Parkway and Poinsettia Lane. 99 7. AB #13.929 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - AVIARA PA 26 NORTH, CT 90-38. Council adopted RESOLUTION NO. 96-408, accepting the public improvements; authorizing the City Clerk to record the Notice of Completion and release bonds appropriately; and directing the Community Services Department to commence maintaining the public improvements constructed on the east side of Kestrel Drive between Aviara Parkway and Batiquitos Drive. 44 8. AB #13,930 - AMENDMENT TO CONSULTANT AGREEMENT FOR 45 PLANCHECKING SERVICES. Council adopted RESOLUTION NO. 96-409, approving Amendment No. 4 to the agreement with Ellorin Consulting Engineers. 99 9. AB #13,931 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - AVIARA PA 7, CT 90-5-1. Council adopted RESOLUTION NO. 96-410, accepting the public improvements; authorizing the City Clerk to record the Notice of Completion and release bonds appropriately; and directing the Community Services Department to commence maintaining the public improvements constructed at the northwest corner of the intersection of Aviara Parkway and Ambrosia Lane. 99 10. AB #13,932 - QUITCLAIM OF OPEN SPACE EASEMENT. Council adopted RESOLUTION NO. 96-411, approving a quitclaim of a portion of an existing open space easement located on Lots 22 and 23 of CT 90-35 - Aviara PA 29, PR 3.7.82. 78 11. AB #13,933 - COST SHARING AGREEMENTS FOR D.A.R.E. PROGRAM. 45 Council adopted RESOLUTION NO. 96-412, approving the Cost Sharing Agreements with the Carlsbad Unified School District and the Encinitas Union School District for the D.A.R.E. Program for FY 1996-97. e 0 December 3, 1996 CITY COUNCIL Page 4 CONSENT CALENDAR: (Continued) 92 12. AB #13.934 - DOCUMENTS ASSOCIATED WITH THE REFUNDING OF THE ENCINA FINANCING JOINT POWERS AUTHORITY WASTEWATER REVENUE BONDS, 1989 SERIES A. Council adopted RESOLUTION NO. 96-413, approving certain actions and the form of certain documents for the refunding of certain obligations relating to the Encina Water Pollution Control Facility. 51 13. AB #13,935 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE. Council adopted RESOLUTION NO. 96-414, declaring a continuing state of local emergency and authorization to seek reimbursement from State and Federal. ITEM REMOVED FROM THE CONSENT CALENDAR: 55 14. AB #13,944 - COUNTY INTEGRATED WASTE MANAGEMENT PLAN AND SITING ELEMENT. ACTION: On motion by Council Member Hall, Council accepted and filed the report and authorized staff to notify the County that the City is not prepared to approve the Countywide Integrated Waste Management Plan (CIWMP) at this time. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCES FOR ADOPTION: 49 15. AB #13.936 - ORDINANCE NO. NS-385 - REVISING THE MUNICIPAL CODE REGARDING EXCAVATION AND GRADING. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-385, repealing Chapter 11.06 and re-enacting as new Chapter 15.16, and amending Sections 1.08.020(a), 15.04.010 and 19.04.050 of the Carlsbad Municipal Code, all relating to grading and erosion control; as amended on Page 24 making the ordinance effective in all of the City except for the Coastal Zone. It will then be effective in the Coastal Zone when approved by the Coastal Commission. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 0 December 3, 1996 CITY COUNCIL Page 5 ORDINANCES FOR ADOPTION: (Continued) 73 16. AB #13,937 - ORDINANCE NO. NS-386 REGARDING WORK IN PUBLIC RIGHTS-OF-WAY. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-386, repealing and re-enacting existing Chapter 11.16 of the Carlsbad Municipal Code. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: There were no requests to address the Council. PUBLIC HEARINGS: 30 17. AB #13.938 - ADOPTION OF THE 1996 NATIONAL ELECTRICAL CODE. Mayor Lewis opened the duly noticed Public Hearing at 6:21 p.m., and issued the invitation to speak. Since no one wished to speak on this item, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-384, amending Title 18, Chapter 18.12, to adopt by reference the National Electrical Code (1996 Edition). AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 113 18. AB #13.939 - ENCINA MODULAR OFFICE - PDP l(D). 92 Staff indicated that correct name for both the applicant and the property owner is “Encina Waste Water Authority”. A typographical correction was made on page 3 of Planning Commission Resolution No. 3992, Findings 5 (c), line 3, to add the word “significant” before the words “additional traffic”. Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to speak. Since no one wished to speak on this item, the Public Hearing was closed. 0 0 December 3, 1996 CITY COUNCIL Page 6 PUBLIC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-415, approving a precise development plan amendment to allow a modular office unit on a site on the east side of Avenida Encinas between Palomar Airport Road and Poinsettia Lane, with the corrections noted by staff. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:26 p.m., and re-convened at 7:46 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 85 19. AB #13.940 - REPORT ON PHASE I1 OF THE CHILD CARE STUDY. Carol Kerley, Callaway Golf, 2285 Rutherford, stated that the 2,200 employees at Callaway have been working for two years to come to the correct answer on child care. She stated that hazardous materials and acutely hazardous are extremely different. There are companies that have hazardous materials, but she said that she doubted whether the City would want companies with acutely hazardous materials. Ms. Kerley said that in all of San Diego C,ounty there are only 70 companies using acutely hazardous materials. She requested Council authorize staff to proceed with Phase 111. Council Member Finnila stated that Phases I and I1 were risk assessments; the risk assessment on chemicals and on economics. She stated that hazardous and acutely hazardous materials are used in the bio-tech and communication industries and are necessary. In addition, it also increases the possibility of litigation; i.e., if a child is exposed to hazardous materials at a young age, litigation could be started by the parents until the child is 18. She said she felt the limitations on businesses would be unacceptable. Council Member Finnila concluded stating she did not believe that Carlsbad needs to take this risk and she would not choose to go on to Phase 111. Mayor Lewis stated he would support moving forward, but believed Council Member Finnila’s concerns were valid; therefore, the land use standards would need to be looked at very carefully. 0 0 December 3, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem’Nygaard, Council accepted Phase I1 of the Child Care Study and authorized staff to proceed to Phase 111, which will include a recommendation of land use standards associated with child care uses in the industrial zones. AYES: Lewis, Nygaard, Kulchin and Hall NOES: Finnila Council Member Kulchin left the meeting at 7:36 p.m. 30 20. AB #13,941 - MODIFICATION OF MUNICIPAL CODE REGARDING SWIMMING POOL ENCLOSURE REOUIREMENTS. Staff indicated a change was made in Section 18.28.070 of the Ordinance, line 14, to correct the reference from “18.28.020(6) to 18.28.020(F)”. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-387, modifying Chapter 18.28 of the Carlsbad Municipal Code entitled “Swimming Pool Enclosures and Use”; as corrected. AYES: Lewis, Nygaard, Finnila and Hall ABSENT: Kulchin 20 21. AB #13,942 - ACCOUNTING REPORT FOR ABATEMENT OF PUBLIC NUISANCE. Kelli Strawhun, P. 0. Box 871, representing her uncle, Dan McClure and his wife. She stated she would make sure that the property stays clean. She also stated her uncle has some mental problems and she had no knowledge of the city’s actions. She reviewed the report on the items removed from 3286 Highland and questioned the accuracy of the charges. She stated that people would have paid for the cars and towed them free. She concluded saying there are a lot of discrepancies between what her Uncle says and the City’s report. Staff reiterated the calendar of events which pertained to the abatement, and the process used for selecting a contractor. * a e December 3, 1996 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS. (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-416, determining the correct costs for abatement of a public nuisance located at 3286 Highland; and adopted RESOLUTION NO. 96-417, appropriating funds for the abatement of a public nuisance located at 3286 Highland. AYES: Lewis, Nygaard, Finnila and Hall ABSENT: Kulchin 28 22. AB #13,943 - APPOINTMENTS TO CDBG FUNDING ADVISORY 105 COMMITTEE. Mayor Lewis announced that these appointments will be made at the Council Meeting on December 10. He requested Council Members to select citizens from the following Quadrants: Nygaard, Southwest Quadrant; Hall, Northwest Quadrant; Finnila, Northeast Quadrant; and Kulchin, Southeast Quadrant. He also asked for two nominations from the Housing Commission, Planning Commission, and the Senior Commission. 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 December 3, 1996, was adjourned at 8:09 p.m. Respectfully submitted, ALETHA -4% L. RAU ENKRANZ City Clerk Harriett Babbitt Minutes Clerk