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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. 0 0 74 63 39 99 99 59 45 51 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. 0 0 January 28, 1997 CITY COUNCIL Page 3 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. 0 0 January 28, 1997 CITY COUNCIL Page 4 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 a 0 January 28, 1997 CITY COUNCIL Page 5 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. a 0 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. e 0 January 28, 1997 CITY COUNCIL Page 7 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