HomeMy WebLinkAbout1997-01-28; City Council; Minutese 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 28,1997
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER. Mayor Lewis called the Meeting to order at 6:08 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
APPROVAL OF MINUTES:
On motion of Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously approved as
presented:
Minutes of the Regular Meeting held January 7,1997
Minutes of the Special Meeting held January 7, 1997
Minutes of the Regular Meeting held January 14, 1997
Minutes of the Special Meeting held January 14, 1997
PROCLAMATION:
Mayor Lewis presented a Proclamation to Pat Stuckrad, to commemorate her retirement following 10 years of
service to the City of Carlsbad.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Finnila, 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.
87 1. AB #14,011- ADMINISTRATIVE COSTS OF SAN DIEGO COUNTY REGIONAL
MORTGAGE CREDIT CERTIFICATE PROGRAM.
Council adopted RESOLUTION NO. 97-29, appropriating $2 1,05 1 as the City’s proportionate
share of administrative costs associated with the San Diego Regional Mortgage Credit Certificate
(MCC) Program in Carlsbad.
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January 28, 1997 CITY COUNCIL Page 2
2. AB #14,012 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIMS OF CHRIS
KOWALSISI.
Council adopted RESOLUTION NO. 97-30, authorizing the expenditure of funds for settlement of
the Workers Compensation claims of Chris Kowalski.
3. AB #14,013 - APPLICATION TO THE CALIFORNIA STATE LIBRARY FOR AN
INFOPEOPLE GRANT.
Council adopted RESOLUTION NO. 97-31, approving the application for an Infopeople Grant
from the California State Library.
4. NUMBER NOT USED.
5. AB #14,015 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of city investments as of December 3 1 ,
1996.
6. AB #14,016 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 95-2. UNIT 2. FOUR
SEASONS RESORT AT AVIARA.
Council adopted RESOLUTION NO. 97-33, approving a final map for Carlsbad Tract No. 95-2,
Planning Area 2A and a portion of 2B.
7. AB #14,017 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 85-10. UNIT 2, RICE
PROPERTY, PUD 8 1.
Council adopted RESOLUTION NO. 97-34, approving the final map for Carlsbad Tract No. 85-
10, Rice Property Unit 2, PUD-8 1.
8. AB #14,025 - AWARD OF CONTRACT FOR TELEPHONE SYSTEM MAINTENANCE.
Council adopted RESOLUTION NO. 97-43, accepting a bid from ATEL Communications, Inc.,
and authorizing the purchase of contracted telephone maintenance services for the City’s telephone
system, from February 1,1997 to January 31,1998.
9. AB #14,018 - CONTINUATION OF DECLARATION OF STATE OF LOCAL EMERGENCY
RESULTING FROM THE HARMONY GROVE FIRE.
Council adopted RESOLUTION NO. 97-35, continuing the existence of a local emergency and
requesting Office of Emergency Services assistance and concurrence in responding to such
emergency.
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ORDINANCES FOR ADOPTION:
99 10. AB #14,026 - RANCHO CARLSBAD MOBILEHOME PARK - ZC-96-4MHP 96-1MS 96-8. .13
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 44, approving a zone change (from L-C to RMHP zoning), Residential
Mobilehome Park Permit, and tentative parcel map to convert an existing 108.4
acre, 504 space mobilehome park from a rental park to condominium ownership, at
Rancho Carlsbad Drive in Local Facilities Management Zone 15;
adopted ORDINANCE NO. NS-392, amending Title 2 1 , Chapter 2 1.05, Section
2 1.05.030 of the Municipal Code by an amendment to the Zoning Map, to grant a
zone change, ZC 96-04, from L-C to RMHP at Rancho Carlsbad Mobilehome Park
in Local Facilities Management Zone 15.
and,
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
PUBLIC COMMENT: There were no requests to address Council.
PUBLIC HEARING:
99 1 1. AB # 14.0 19 - BROOKFIELD MEADOWS, TENTATIVE MAP CT 96-4/SDP 96-7 l/PUD-7 1 (B).
During staff report, Elaine Blackbum referenced the memorandum fiom the Planning Department, dated
January 22, 1997, which stated if Council wished to approve the project, it would be necessary to send it back
to staff for conditions of approval and to revise the environmental document.
Mayor Lewis opened the duly noticed Public Hearing at 6:3 1 p.m., and issued the invitation to speak.
Nick Banche, Attorney at Law, 715 Pier View Way, Oceanside, CA., representing the applicant, Okon
Development Co., and Irv Okon, President, stated that all the requirements and approximately 95% of the
guidelines have been met. He gave an overview of the project, and requested Council’s approval. He
presented a picture of an existing home in the area (filed with the City Clerk), and noted the similarities to
elevations of the proposed project.
Ken Discenza, Engineer, Site Design Associates, Jnc., 7863 La Mesa Blvd., #201, La Mesa, CA., referring to
the Staff Report, stated that the rear elevations of the houses have been changed and now comply with the
guidelines.
Laura Schmucker, 683 1 Via Verano, Carlsbad, Board Member for Brookfield Homes, expressed support for
the project. In response to Council query, she stated it had to be put to a vote, but she felt they would be
willing to annex the Brookfield Meadows development to share their recreation facilities.
Steve Waters, 6740 Paseo del Vista, Carlsbad, Board Member, expressed support for the project.
Aaron McGonagle, 68 13 Xana Way, Carlsbad, read a personal statement supporting the project.
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Jeff Holverson, 68 16 Xana Way, Carlsbad, voiced his support for the project.
Carrie Downey-Yim, 685 1 Xana Way, Carlsbad, expressed support for the project..
Steve Weston, 6830 Via Marinero, Carlsbad, outgoing president of the Brookf1eld Home Owners
Association, presented petitions in favor of the project to the City Clerk, and stated his support for same.
Mark Foster, 6821 Caminita Sueno, Carlsbad, former renter and now homeowner in Brookfield, stated his
support for this project and urged approval.
Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 658 p.m.
In response to query, the City Attorney stated if Council wished to approve the project, the guidelines should
also be amended to allow Council flexibility when considering such items as compatibility with the
neighborhood.
Mayor Pro Tem Finnila requested that a booklet received by each Council Member fiom the developer, be
entered into the record.
ACTION: On motion by Mayor Pro Tem Finnila, Council referred the project back to staff for
Conditions of Approval, and to revise the environmental document previously
prepared for the project;
and
directed Staff to revise Policy #44 to give Council flexibility for such projects in the
future.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
113 12. AB #14,020 - APPROVAL OF AN APPLICATION FOR A ZONE CHANGE ZC 93-4(A)
OCEAN BLUFF.
Mayor Lewis opened the duly noticed Public Hearing at 7:16 p.m., and issued the invitation to speak.
Jack Henthorn, 543 1 Avenida Encinas, Suite J, Carlsbad, representing the Ocean Bluff Partnership,
encouraged Council to approve this item.
Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 7: 17 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-
393, amending Title 21 of the Municipal Code, by an amendment to the Zoning
Map to grant a Zone Change &om R- 1 to R- 1-75 00-Q, on property generally
located at the northwest comer of future Poinsettia Lane and Blackrail Court (Ocean
Bluff), in Local Facilities Management Zone 20.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
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11 13. AB#14.024 - STORM WATER MANAGEMENT AND DISCHARGE CONTROL AND LOCAL 13 COASTAL PROGRAM AMENDMENT (LCPA 96-9).
During the staff report, Mindy Jacobs referenced a letter from the Buena Vista Lagoon Foundation dated
January 17,1997, requesting the ordinance be in conformance with the Buena Vista Lagoon Strategic Plan.
Ms. Jacobs stated the ordinance does comply.
Mayor Lewis opened the duly noticed Public Hearing at 7:27 p.m., and issued the invitation to speak.
Mark Milks, Client Services Manager, representing Pacific Treatment and Local Services, 4340 View Ridge
Avenue., Suite A, San Diego, urged approval of this item.
Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 7:30 p.m.
MOTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NS-394,
amending Section 1.08.010 and enacting a new Chapter 15.12, relating to storm
water management and discharge control;
and, adopted RESOLUTION NO. 97-39, approving an amendment to all six segments
of the Carlsbad Local Coastal Program to adopt the City’s storm water ordinance as
an implementing ordinance for Carlsbad’s Local Coastal Program, LCPA 96-09.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
20 14. AB #14,021- AUTHORIZING THE CONDEMNATION OF PROPERTY FOR 99 CONSTRUCTION OF AVIARA PARKWAY.
Richard Freeland, Attorney at Law, retained to represent the City in this condemnation procedure, outlined
the project and stated that Council’s authorization to condemn, along with the subsequent filing action and
the court’s approval, will allow the construction of Aviara Parkway to move forward within the time frame
proposed. He pointed out that none of the actions proposed will preclude continuing negotiations with the
properly owner.
In response to a question from Mayor Lewis, Mr. Freeland stated that if there is no agreement ultimately
reached with the property owner(s), the proposed action would go before a judge and jury to make the final
determination.
Mayor Lewis opened the duly noticed Public Hearing at 7:40 p.m., and issued the invitation to speak.
Peter Mackauf, 42 18 Skyline Dr., Carlsbad, representing property owner James Ukegawa, described the
current usage of the land in question, pointed it out as an “agricultural resourceyy and urged Council not to
adopt this condemnation resolution until there is a plan that will not condemn the farming operation.
Jack Henthorn, 543 1 Avenida Encinas, Suite J, Carlsbad, representing the Greystone Homes, Inc., spoke in
favor the this item and urged its approval.
Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 750 p.m.
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January 28, 1997 CITY COUNCIL Page 6
City Engineer Lloyd Hubbs stated that plans for Aviara Parkway meet all design and engineering criteria and
that his department is still working on some of the access issues. He also stated that, in his opinion, the
condemnation of that portion of the Ukegawa property will not put Mr. Ukegawa out of business.
MOTION On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-
40, authorizing and directing the condemnation of certain real property interests in
the City of Carlsbad, State of California, and declaring the public necessity thereof.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
Mayor Lewis declared a recess at 8:Ol p.m. and re-convened at 8:08 p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
37 15. AB #14,022 - 1997 CITY VISION STATEMENTS AND COUNCIL GOALS.
Mayor Pro Tem Finnila suggested that the wording, in Goals # I1 & 111, under Community Development, be
made consistent by changing Goal I11 to read, “maintains, monitors, and implements the General Plan”. Also,
under the heading of Safety Services, suggested that wording be included similar to that in Goal I11 under
Administration.
ACTION: On motion by Mayor Pro Tem Finnila, Council approved the City’s Vision
Statement and Goals for the 1997 calendar year, as amended .
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
68 16. AB #14,023 - APPOINTMENTS TO THE CARLSBAD COMMUNITY CABLE TELEVISION
FOUNDATION.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-41,
appointing Robert Sheppard to The Foundation of Carlsbad Community Cable
Television;
and
approved RESOLUTION NO. 97-42, appointing Robert Turner to The
Foundation of Carlsbad Community Cable Television,
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
50 17. AB #14,027 - 1996-97 SECOND QUARTER FINANCIAL STATUS REPORT AND RECOMMENDATIONS.
Staff announced that a corrected page for Exhibit 5 to the Agenda Bill had been distributed.
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ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the Second Quarter
Financial Status Report for 1996-97, and requested a report on overtime as it relates
to staffing;
and, adopted RESOLUTION NO. 97-45, increasing the revenue estimates and
appropriations for 1996-97, revising the personnel allocations and budgetary
controls, as amended to revise Section 7 to allow the City Manager to make
transfers up to $100,000 between departments within the same fund.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
ANNOUNCEMENTS:
Mayor Lewis announced there are three gatherings on the schedule where 2 or more Council Members may be
in attendance. They are as follows:
The Aviara Four Seasons Resort Update to be held at 7:OO a.m. on Wednesday, January 29, 1997, at
7447 Batiquitos Drive, Carlsbad.
A function being sponsored by the Convention and Visitors Bureau, to be held at 5:30 p.m. on
January 29,1997, at the Carlsbad Senior Center, 799 Pine Avenue, Carlsbad.
The Carlsbad Chamber of Commerce Annual Installation to be held at 6:30 p.m. on Friday, January
3 1, 1997, at the Del Mar Hilton Hotel, Del Mar.
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the committees and sub-committees of which
they are members.
ADJOURNMENT:
By proper motion, the Regular Meeting of January 28,1997, was adjourned at 8:40 p.m.
Respecthlly submitted,
ALETHA wPR* L. RAUTENKRANZ,
City Clerk