HomeMy WebLinkAbout1997-03-04; City Council; Minutes (2)r- . 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: March 4,1997
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: 12 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.
INVOCATION was given by Pastor Dwayne Edwards from Las Flores Church of the Nazarene.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the following
events:
Roof Replacement Information Hearing, sponsored by Assembly Member Bill Morrow, to be held on
Friday, March 7, 1997, from 8:OO a.m. to 12:OO Noon, at the San Marcos Civic Center, 1 Civic
Center Drive, San Marcos.
LEGOLAND Project Manager Farewell Event, to be held on Monday, March 10, 1997, fiom 4:30
p.m. to 7:OO p.m., at the Raintree Inn at 1-5 and Poinsettia Lane, Carlsbad.
APPROVAL OF MINUTES:
On motion of Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously approved as
presented, with abstentions as indicated:
Minutes of the Special Meeting held January 28, 1997
Minutes of the Regular Meeting held January 28, 1997
Minutes of the Special Meeting held February 4, 1997 - Kulchin - Abstained
Minutes of the Regular Meeting held February 4,1997 - Kulchin - Abstained
Minutes of the Special Meeting held February 11, 1997 - Finnila - Abstained
Minutes of the Regular Meeting held February 11, 1997 - Finnila - Abstained
Minutes of the Regular Meeting held February 18, 1997
Minutes of the Special Meeting held February 19,1997
Minutes of the Special Meetings held February 25, 1997 - Mayor Lewis - Abstained
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March 4, 1997 CITY COUNCIL Page 2
CONSENT CALENDAR
ACTION: On motion by Mayor Pro Tern Finnila, Council unanimously affirmed the action of
the Consent Calendar, Items # 1 through #7, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
85 1. AB # 14,064 - CERTIFICATION OF LOCAL APPROVAL FOR CATHOLIC CHARITIES’ APPLICATION FOR THE FEDERAL EMERGENCY SHELTER GRANT.
Council adopted RESOLUTION NO. 97-75, approving support of the Catholic Charities’
application to the state for Federal Emergency Shelter Grant (FESG) Program for operation of the La
Posada de Guadalupe Homeless Shelter.
54 2. AB #14,065 - APPROVAL OF SUPPLEMENTS NO. 22 AND 23 TO STATE AND LOCAL 97 TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT - SLTPP-5308. 45
Council adopted RESOLUTION NO. 97-76, approving Supplements No. 22 and No. 23 to State
and Local Transportation Partnership Program Master Agreement No. SLTPP-5308 and authorizing
the Mayor to execute documents.
70 3. AB #14,066 - ACCEPTANCE OF CONSTRUCTION OF POINSETTIA COMMUNITY PARK 45 PHASE I AND HIDDEN VALLEY ROAD - PROJECT NO. 3348.
Council adopted RESOLUTION NO. 97-77, accepting the construction of Poinsettia Community
Park Phase I and Hidden Valley Road Project No. 3348, and directing the City Clerk to record a
Notice of Completion and release bonds appropriately.
74 4. AB #14,067 - ADOPTION OF REVISED MANAGEMENT SALARY SCHEDULE FOR FIRE MANAGEMENT CLASSIFICATIONS.
Council adopted RESOLUTION NO. 97-78, approving a revised Management Salary Plan for the
positions of Fire Chief, Fire Division Chief, and Fire Battalion Chief.
74 5. AB #14.068 - APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CARLSBAD
FIREFIGHTERS’ ASSOCIATION.
Council adopted RESOLUTION NO. 97-79, approving a Memorandum of Understanding between
representatives of Management and the Carlsbad Firefighters’ Association, Inc.
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March 4, 1997 CITY COUNCIL Page 3
99 6. AB #14.069 - APPROVAL OF FINAL MAP FOR CARLSBAD RANCH UNITS 2 AND 3 - CT 45 ’ 94-9-2.
Council adopted RESOLUTION NO. 97-80, approving a Final Map for Carlsbad Tract CT 94-09-
2, Carlsbad Ranch Units 2 and 3; and
Council adopted RESOLUTION NO. 97-81, summarily vacating a portion of Armada Drive, PR
6.130;
Council adopted RESOLUTION NO. 97-82, summarily vacating a portion of Hidden Valley Road,
PR6.131.
and,
99 7. AB #14,070 - APPROVAL OF RANCHO SANTA FE ROAD FINANCING PROGRAM 45 AMENDED CFD #2 PREPAYMENT AGREEMENTS FOR CT 85-9 AND CT 85-15.
Council adopted RESOLUTION NO. 97-85, authorizing the Mayor to execute an amended
agreement with California Pacific Homes providing for the prepayment of CFD # 1 taxes for CT 85-
9;
and, Council adopted RESOLUTION NO. 97-86, authorizing the Mayor to execute an amended
agreement with Greystone Homes providing for the prepayment of CFD #2 taxes for CT 85- 15.
ORDINANCES FOR ADOPTION:
-02 8. AB #14,071- ADOPTION OF ORDINANCE NO. NS-395 DESIGNATING A PORTION OF WASHINGTON STREET AS A ONE-WAY STREET.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-
-9 395 amending Title 10, Chapter 10.24, of the Code by the addition of Section
10.24.021 to establish a one-way street on Washington Street from Grand Avenue
to Beech Avenue.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
PUBLIC COMMENT: There were no requests to address Council.
PUBLIC HEARINGS:
,9 8 9. AB #14,072 - CORTE DOLOR STREET NAME CHANGE - SNC 96-3.
Mayor Lewis opened the duly noticed public hearing at 6:22 p.m. Since no one wished to speak, the public
hearing was closed.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-
- 83, approving a street name change, renaming the entire length of Corte Dolor to Corte Clarita, located east of Paseo Taxco between Camino Allege and Calle
Acervo in the southeast quadrant.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
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March 4, 1997 CITY COUNCIL Page 4
20 10. AB #14,073 - DECLARATION OF PUBLIC NUISANCE ON PROPERTY AT 61 1 1 EL CAMINO REAL (OLYMPIC RESORT).
Pat Kelly gave the staff report detailing steps taken since the city received the complaint about the golf balls
hitting cars on Palomar Airport Road. He then referenced the letter dated February 20, 1997 (a copy of which
is on file with the City Clerk), fiom golf course architect David Rainville. He noted the recommendations in
the letter and explained why staff felt the implementation of those recommendations would not solve the
problem.
Mayor Lewis opened the Public Hearing at 6:35 p.m., and extended the invitation to speak
Mr. Ted Vallas, Owner and General Manager of the Olympic Resort and Hotel, addressed Council. He
defended the position of the Resort regarding the Driving Range and requested more specific direction from
the City Council, i.e., a stronger definition of the type(s) of corrections the City expects to be made as well as
a plan for monitoring the results of the corrections. He referenced the architects recommendations, stated he
believed they would work, and requested to be allowed to implement those recommendations.
Emil Osberg, 72 19 Mimosa Dr., Carlsbad, spoke of the safety hazard to passing motorists and urged the
Council to declare the Olympic Resort Driving Range a “public nuisance”.
Arnold J. Ekland, 672 1 Oleander Way, Carlsbad, pointed out the daily danger to the health, safety and
welfare of more than 20,000 motorists and urged the Council to find, and enforce, a solution to the problem.
Anne Ekland, 672 1 Oleander Way, Carlsbad, referenced a letter from Mildred Swanson (a copy of which is
on file with the City Clerk), regarding her experience with an errant golf ball. Ms. Ekland related her
personal experience of being hit by an errant golf ball and asked for a solution before someone is seriously
injured.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:05 p.m.
Mayor Lewis stated Mr. Vallas had hired an expert; therefore he suggested that Mr. Vallas be given a fixed
time implement the recommendations, and if it doesn’t work, the driving range would be shut down until the
problem is solved.
ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97-
-9 84 declaring that the existing conditions are a public nuisance at 6 1 1 1 El Carnino Real, APN 760-221-15-00, as amended to include the following additional
conditions: 1) the operator shall complete the modifications as set forth in the letter
of February 20, 1997, fi-om the Golf Course Architect, David Rainville, and the Site
Plan presented at this meeting, by April 15, 1997; and 2) if these modifications do
not abate the nuisance, Council may impose additional conditions up to and
including closure of the facility.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
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March 4, 1997 CITY COUNCIL Page 5
Mayor Lewis declared a recess at 7:25 p.m. and re-convened at 7:36 p.m., with all Council Members present.
CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Council adjourned to the Carlsbad Municipal Water District Meeting at 7:36 p.m. and re-convened at 8:04
p.m., with all Council Members present.
HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Council adjourned to the Housing and Redevelopment Commission Meeting at 8:04 p.m. and re-convened at
8:16 p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
.04 11. AB #14.074 - MODIFICATION OF CONDITION FOR PARKING AND THIRD ACCESS FOR THE VILLAGE COMMUTER RAIL STATION.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted City Council
RESOLUTION NO. 97-87, approving an amendment to City Council
RESOLUTION NO. 93-304, to modify Condition of Approval #9, as related to
construction of parking and a third access for the Village Commuter Rail Station.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
81 12. AB #14,075 - APPROVAL OF DESIGN CONTRACTS FOR THE CARLSBAD MUNICIPAL
45 GOLF COURSE.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- - 88, approving consulting agreements with Casper-Nash and Associates, Raven Golf
Group and Tetra Tech, Incorporated, and appropriating funds for the Carlsbad
Municipal Golf Course Project;
and, adopted RESOLUTION NO. 97-89, declaring the intention to reimburse certain
project expenses from the proceeds of obligations to be issued by the City or a Joint
Powers Authority to be created by the City for this project.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
28 13. AB #14.076 - BEACH EROSION COMMITTEE APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-90
appointing Bruce Macklin to the Beach Erosion Committee.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
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March 4, 1997 CITY COUNCIL Page 6
28 14. AB #14,077 - ARTS COMMISSION APPOINTMENTS.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-92,
reappointing Arthur Wood to the Carlsbad Arts Commission; and Council
continued Resolution No. 97-91 to the meeting of March 18, 1997.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
28 15. AB #14,078 - HOUSING COMMISSION APPOINTMENTS.
ACTION: Mayor Lewis, by motion, announced his intention to reappoint reappoint Bob Rose,
Ed Scarpelli and Kathleen Wellman to the Carlsbad Housing Commission, and
Resolution No. 97-93 was continued to the meeting of March 18, 1997.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
51 16. AB #14,079 - CONTINUATION OF DECLARATION OF STATE OF LOCAL EMERGENCY.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 94, declaring a continuing state of a local emergency and authorization to seek
reimbursement fi-om state and federal agencies.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
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 March 4, 1997, was adjourned at 9:03 p.m.
Respectfully submitted,
LbctA- 2.2-
ALETHA L. RAUTENKRANZ,
City Clerk 1