HomeMy WebLinkAbout1997-01-21; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 21,1997
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
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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, Nygaard, Mayor Pro Tem Finnila and Mayor
Lewis.
Absent: None
INVOCATION was given by Jennifer Hogan, Director of Youth Ministries of Christ Presbyterian
Church.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
PRESENTATION: Lynn Flannigan presented each Council Member with medals, T-shirts, and a
copy of the Marathon program, commemorating the San Diego Marathon, held recently in Carlsbad.
APPROVAL OF MINUTES:
None
ANNOUNCEMENTS:
Mayor Lewis announced there are several gatherings on the schedule where 2 or more Council Members
will be in attendance. They are as follows:
The Pine and Jefferson Schools Computer Lab Grand Opening to be held at 8:OO a.m. on
Wednesday, January 22, 1997, at the Pine Elementary School, 801 Pine Avenue, Carlsbad.
Kids are.Worth a Million Leg0 Display Tower, Plaza Camino Real, to be held at 10:30 a.m. on
Wednesday, January 22, 1997, at the Plaza Camino Real, Carlsbad.
The State of Chamber Breakfast, to be held at 7:30 a.m. on Thursday, January 23, 1997, at the
Plaza Camino Real, Carlsbad.
Assembly Member Bill Morrow’s Roof Replacement Legislation Press Conference, to be held at
11:OO a.m. on Thursday, January 23, 1997, at the Rancho Santa Fe Fire Station, 16936 El Fuego,
Rancho Santa Fe.
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January 2 1,1997 CITY COUNCIL Page 2
CONSENT CALENDAR:
City Manager, Ray Patchett requested Item #1 be removed from the agenda and returned to staff.
ACTION: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of
the Consent Calendar, Items #1 through #8, with the exception of Item #1, as
follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
84 1. AB #13,999 - AUTHOMZATION FOR DISPOSAL OF MOBILE COMMUNITY SERVICE
POST AS SURPLUS PROPERTY.
This item was withdrawn from the Agenda.
49 2. AB #14,000 - REOUEST TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 97-19, authorizing the destruction of certain records kept
by the City Engineer’s office.
99 3. AB #14,001- APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 89-18, UNIT 2 - RANCHO VERDE.
Council adopted RESOLUTION NO. 97-20, approving a final map for Carlsbad Tract 89-1 8,
Rancho Verde - Unit 2.
96 4. AB #14,002 - ACCEPTANCE OF CONSTRUCTION OF TRAFFIC SIGNAL AT THE 45 INTERSECTION OF PASEO DEL NORTE AND CAMINO DE LAS ONDAS - PROJECT NO. 3427.
Council adopted RESOLUTION NO. 97-21, accepting the construction of the traffic signal at
the intersection of Paseo Del Norte and Camino De Las Ondas, as complete and directing the
City Clerk to record a Notice of Completion and release bonds in accordance with state law and
city ordinances.
99 5. AB #14,003 - APPROVAL OF FINAL MAPS FOR CARLSBAD TRACT 91-12. UNITS 1 AND 2 - MARINER’S POINT.
Council adopted RESOLUTION NO. 97-22, approving two final maps for Carlsbad Tract No.
CT 91-12, Mariners Point, Units 1 & 2.
99 6. AB # 14,004 - APPROVAL OF AMENDED PREPAYMENT AGREEMENT WITH CENTEX HOMES FOR RANCHO SANTA FE ROAD FINANCING PROGRAM.
Council adopted RESOLUTION NO. 97-23, authorizing the Mayor to execute an amended
agreement with Centex Homes providing for the prepayment of CFD #2 taxes for CT 90-4, CT
85-10 and CT 89-18.
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January 21, 1997 CITY COUNCIL Page 3
23 7. AB #14.007 - APPROVAL OF ARTS OFFICE GRANT APPLICATION.
Council adopted RESOLUTION NO. 97-24, approving the Arts Office grant application to the
California Arts Council Local Partnership Program for assistance with funding of a Sculpture
Garden at 2955 Elmwood.
44 8. AB #14,008 - APPROVAL OF CONTRACT WITH XD CONSULTING FOR BUSINESS
45 PROCESS REDESIGN SERVICES.
Council adopted RESOLUTION NO. 97-25, authorizing the Mayor to execute a contract
between XD Consulting and the City of Carlsbad to perform a business process redesign for the
human resources employment process, and appropriating funds.
ORDINANCE FOR ADOPTION:
06 9. AB #14,009 - ADOPTION OF ORDINANCE - UNDERGROUND UTILITY DISTFUCTS.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 391, amending Title 1 1, Chapter 1 1.08 of the Carlsbad Municipal Code regarding
Underground Utility Districts.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
PUBLIC COMMENT:
Thomas J. Dempsey, 3641 Esplanade St., Oceanside, CA., gave testimony regarding the legality, safety,
and nuisance factor of the mining and reclamation activities of South Coast Materials, 3701 Haymar Dr.,
Oceanside, and requested information and action curtailing South Coast Materials mining.
PUBLIC HEARINGS:
99 10. AB #14.005 - RANCHO CARLSBAD MOBILE HOME PARK - ZC 96-4/RMHP 96-1/MS96-8. 13 Mayor Lewis opened the duly noticed public hearing at 6:30 p.m., and extended the invitation to speak.
Lee Anderson, President of the Carlsbad Residents Association, 3432 Don Jose, Carlsbad, CA.,
representing the applicant residents, spoke in favor of the item.
Principal Civil Engineer Bob Wojcik referenced the memorandum to the City Manager from the City
Engineer, dated January 21, 1997. He explained the recommendations contained therein and stated both
parties had agreed to the changes.
Sue Loftin, Attorney for the applicant, 4330 La Jolla Village Dr., #330, San Diego, CA., spoke in favor.
Steven Weed, 5200 El Camino Real, Carlsbad, CA., partner with Attorney Loftin, distributed a sheet
containing recommended changes to Condition #10 of Planning Commission Resolution No. 4033.
City Attorney Ron Ball stated if Council agreed with the request, the condition contained in the City
Engineer’s memorandum dated January 21st., as item B., should be modified to change the wording in
the first sentence to read “a secured agreement” rather than “an agreement”. In addition, on line 4 of the
condition, the words “one (1) year” should be replaced with “eighteen (1 8) months”.
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January 2 1,1997 CITY COUNCIL Page 4
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- - 392, an Ordinance of the City Council of the City of Carlsbad, CA., amending Title
2 1, Chapter 2 1.05, Section 2 1.05.030 of the Carlsbad Municipal Code by an
amendment to the Zoning Map to grant the zone change, ZC-9604 from L-C to
RMHP on property generally located on the north side of El Camino Real (which
runs east and west in this area) at Rancho Carlsbad Drive in Local Facilities
Management Zone 15, and approved the following amendments to the Planning
Commission Resolution No. 4033:
A. Finding 11 should read as follows:
“That improvements proposed in the Master Drainage Plan will reduce flooding
impacts and improve drainage to the mobilehome park. Portions of the Rancho
Carlsbad Mobilehome Park are located within the 100 year floodplain as identified by
the Federal Emergency Act (FEMA). As provided in the Subdivision Map Act, the
City if authorized to require any improvements necessary to mitigate existing health
and safety conditions. Because health and safety conditions exist (flooding), mitigation
of the flooding impacts has been required as a condition of project approval. To
facilitate the mitigation of flooding impacts, the City has agreed to include the site into
the Master Drainage Plan and the applicants have agreed to the contribution of
monies estimated to be $318,000.00 over a 10 year period. In addition, the applicant
has agreed to provide easement dedications for Lake Calavera Creek and Agua
Hedionda Creek drainage channels to permit the City to mitigate flooding and
drainage impacts pursuant to the Master Drainage Plan. These improvements will
benefit the owners of the mobilehome park by reducing flooding impacts and
improving drainage to the park.”
B. Condition No. 10 should be amended to read:
“The applicant shall enter into a secured agreement with the City to contribute
$318,000 plus interest equaling the average portfolio yield of the City as determined by
the City Treasurer in the month of December of the year of payment made in not less
than ten (10) equal installments with the first installment due eighteen (18) months
after the date of recordation of the final parcel map. The agreement shall be to the
satisfaction of the City Attorney and may be approved by the City Manager.”
C. Delete Condition No. 1 1; and amend Condition No. 16d to read:
The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad fi-om any action that may arise through
any damages caused by the developer owned on-site drainage system.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
RECESS:
Mayor Lewis declared a recess at 6:49 p.m. and Council re-convened at 6:55 p.m., with all Council
Members present.
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January 21,1997 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
85 11. AB #14,010 - CHILD CARE STUDY PHASE 111.
Jim Menei, 1734 Rogue Isle Ct., Carlsbad, CA., addressed the subject of child care as it pertains to
residential areas. He stated a large concentration of child care facilities on his cul de sac creates traffic,
parking, safety, and zoning violations. He referred to his letter dated January 16, 1997 (a copy of which
is on file with the City Clerk).
The City Manager stated staff will look into the matter.
Paul Van Veen, 5962 La Place Ct., #185, Carlsbad, CA., Child Care Ombudsman for southern California,
working with CommuniCare Licensing Division, spoke in favor of a Calloway Child Care Center.
Rosemary Stephens, 4345 Sunnyhill Dr., Carlsbad, CA., representing the League of Women Voters, read
a statement fiom that organization stating its support for state and local policies, legislation and
programs which meet the need for accessible, affordable and quality child care. Additionally, the League
supports the CUP with a 1,000 foot buffer zone for child care in the industrial area of Carlsbad.
Paula Atkins, 5935 Darwin Ct., Carlsbad, CA., Vice-president of Administration for the Immune
Response Corporation, and speaking for that organization, expressed their whole-hearted support for
Callaway Golf in their effort to establish the Callaway Child Care Center.
Jan Sobel, 541 1 Avenida Encinas, #loo, Carlsbad, CA., representing the Carlsbad Chamber of
Commerce, urged the support of the development of an ordinance to allow child care facilities which are
convenient to the workplace.
Gulinde Topzand, County of San Diego Child Care Coordinator, 1255 Imperial, San Diego, CA.,
emphasized the need for supporting the endeavors of employers who wish to create and operate child
care centers in the workplace.
Laura Peterson, 880 Apollo St., #3 15, El Segundo, CA., representing Bright Horizons, stated that Bright
Horizons has been working with Callaway toward the development of their child care center, and
supports their efforts.
Jennifer Vena, 880 Apollo St., #315, El Segundo, CA., also representing Bright Horizons; stated that
evaluation results indicate that the worksite child care centers benefit everyone involved and deliver the
highest quality care.
Connie Garrett, 2200 Faraday Ave., Carlsbad, CA., Human Resources Director for Nelcor-Puritan
Bennett, stated their strong support for the efforts of the Callaway company to provide a quality child
care facility.
Deb Ferrin, Child Care Coordinator for the City of San Diego, 1200 Third Ave., #924, San Diego, CA.,
stated that her office amended their Child Care Ordinance 7 years ago to allow child care, by right, in all
non-residential zones. Since then they have issued 48 permits, 12 of which are in Employer supported
facilities, and all have been very successful.
Tracy Carmichael, 4566 Horizon Dr., Carlsbad, CA., voiced her wholehearted support for employer
sponsored child care facilities and encouraged the Council toward a “yes” vote.
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January 21, 1997 CITY COUNCIL Page 6
Peter Bullock, spoke in favor of Callaway’s efforts to provide a child care center.
Carol Kerley, 2285 Rutherford Rd., Carlsbad, CA., representing Callaway Golf, stressed that Callaway
Golf is anxious to contribute to the community and develop a workplace child care center.
Richard Merck, 2281 Rutherford Rd., Carlsbad, CA., representing Callaway Golf and speaking on behalf
of Don Dye, President and CEO, read a letter from Mr. Dye (a copy of which is on file with the City
Clerk) in which he urged that the Council bring this matter to a positive conclusion by approving the
allowance of employer sponsored child care, pursuant to the Conditional Use Permit.
Gene Huber, 6407 El Pato Dr., Carlsbad, CA., Environmental Consultant, voiced his support for an
ordinance allowing child care centers within the industrial park. He said the 1,000 foot buffer is not
needed; however, a CUP is appropriate.
Ron Rouse, 600 W. Broadway, #2600, San Diego, CA., representing Callaway Golf Co., stated that
Callaway Golf is prepared to meet all the criteria in establishing its workplace child care center and
urged that Council support Alternative 1 as described in the agenda bill.
Jay Howard, 7208 Columbine Dr., Carlsbad, CA., Executive Coordinator of the Carlsbad Educational
Foundation, urged Council to support Callaway’s efforts to make child care accessible and affordable.
ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to review current fees
for conditional use permits for child care centers; and adopted RESOLUTION OF
INTENTION NO. 97-28, a resolution of the City of Carlsbad, California, declaring
its intention to consider a Zone Code Amendment to prepare a child care ordinance.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
and
ACTION: On motion by Council Member Nygaard, Council directed Staff to incorporate in the
Zone Code Amendment, provisions for allowing child care facilities in the industrial
zone, by Conditional Use Permit, per Alternative 1 as described in the agenda bill.
AYES: Lewis, Nygaard, Kulchin and Hall
NOES: Finnila
RECESS
Mayor Lewis declared a recess at 8: 11 p.m. and Council re-convened at 8: 15 p.m., with all Council
Members present.
63 12. AB #14,006 - APPROVAL OF CONSULTANT AGREEMENT FOR DESIGN WORK FOR 45 THE LIBRARY.
Council discussed the parking situation in the center, and their desire to ensure adequate parking
is available.
Mayor Lewis expressed the opinion that more than half of the users of the library will be non-
Carlsbad residents, and they should pay something to use the facility. He requested an
economical breakdown on how it could work.
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January 21 , 1997 CITY COUNCIL Page 7
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-27,
approving a consultant agreement with Caldwell-McGraw Architects and
appropriating project funds for design work for the Carlsbad City Library project.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
COUNCIL REPORTS:
San DiePo Marathon
Council requested that staff investigate the possibility of having the name of Carlsbad included in the
name of the race since the entire race takes place in the City of Carlsbad.
Council Members reported on the activities and meetings of the committees and sub-committees of
which they are members.
CITY MANAGER COMMENTS:
None
CITY ATTORNEY COMMENTS:
None
ADJOURMMENT:
By proper motion, the Regular Meeting of January 21,1997, was adjourned at 8:5 1 p.m.
Respectfully submitted,
WJ! - ALETHA L. RAUTENKRANZ
City Clerk