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Home My WebLink About1997-04-01; City Council; Minutes (3)0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 1,1997 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: 15 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, and Hall INVOCATION was given by Resident Missionary Darryl Woodson of the Good Shepherd Assembly of God Church. PLEDGE OF ALLEGIANCE was led by Council Member Hall ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend and participate in the following event: Taylor Made Golf - Ground breaking for Expansion, to be held on Tuesday, April 8, 1997, from 11:45 a.m. to 12:30 p.m., at 2271 Cosmos Court, Carlsbad. AWARDS: Council Member Kulchin presented “Gold Award” certificates, for 100% compliance with water pre- treatment requirements, to the following companies: Culligan Water Conditioning Schumacher Republican Tool and Manufacturing Corporation Beckman Instruments, Incorporated APPROVAL OF MINUTES: On motion of Council Member Nygaard, the Minutes of the following Meetings were unanimously approved as presented, with abstentions as indicated: Minutes of the Special Meeting held March 1 1 , 1997 - Finnila - Abstained Minutes of the Regular Meeting held March 1 1,1997 - Finnila - Abstained // // f/ ff // 74 95 26 45 44 45 13 45 0 0 April 1, 1997 CITY COUNCIL Page 2 Ray Patchett, City Manager, referenced Item #1, and suggested that Resolution No. 97-419 be modified to delete section 9; thereby deleting approval of the revision of the Police Sergeant job description. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar, Items # 1 through #6, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,110 - APPROVING CHANGES IN THE CLASSIFICATION AND SALARY PLANS FOR GENERAL EMPLOYEES AND MANAGEMENT EMPLOYEES. Council adopted RESOLUTION NO. 97-419, revising the Deputy City-ClerWTechnician and deleting the Minutes Clerk in the General Employees’ classification and salary plan; revising the classification description of Constructioflaintenance Supervisor and reallocating the salary range; amending the General Employees’ and Management Salary Schedules respectively; as amended by the deletion of Section 9. 2. AB # 14.1 1 1 - ACCEPTING REPAIRS TO STATE STREET SIDEWALK, PROJECT NO. 24 1 1. Council adopted RESOLUTION NO. 97-420, accepting the State Street sidewalk repair as complete and directed the City Clerk to record a Notice of Completion and release bonds appropriately. 3. AB #14,112 - AUTHORIZING THE INITIATION OF FORECLOSURE ACTIONS ON DELINQUENT COLLEGE BOULEVARD SPECIAL ASSESSMENT LIENS. Council adopted RESOLUTION NO. 97-422, authorizing the firm of Brown, Diven & Hentschke to initiate foreclosure actions to foreclose the delinquent assessment liens in College Boulevard AD 85-2, and ordered the recordation of a Notice of Intent to Remove Delinquent Special Assessment Installments From the Tax Rolls; and, ordered action to transmit to the County, documents necessary to credit the San Diego County Tax Collector of further duty thereto in Assessment District No. 85- 02. 4. AB #14.113 - APPROVING CONSULTANT AGREEMENTS FOR ENGINEERING PLANCHECK SERVICES. Council adopted RESOLUTION NO. 97-423, approving agreements with Benyman & Heningar and with Ellorin Consulting Engineers for engineering plancheck services. 5. AB #14.114 - FINAL WILLIAMSON ACT CANCELLATION FOR CANCELLATION AREAS “B’ AND “D’ OF CARLSBAD RANCH - AGRICULTURAL PRESERVE 76-1(D). Council adopted RESOLUTION NO. 97-424, approving the Final Williamson Act Contract Cancellation for the Carlsbad Ranch Research and Development/Office (Area “B”) and Legoland (Area “D”) Cancellation areas. 0 0 April 1, 1997 CITY COUNCIL Page 3 20 6. AB #14,116 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE CARLSBAD WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 97-425, declaring as public nuisances, weeds, rubbish and refuse upon private property in the City of Carlsbad, and set the matter for public hearing on April 15, 1997. ORDINANCE FOR ADOPTION: .14 7. AB # 14.1 19 - ACCEPTANCE OF COASTAL COMMISSION MODIFICATIONS TO 77 AFFORDABLE HOUSING PROVISIONS, ZCA 91-5(A)/ZCA 91-6(A)/ZCA 92-2(A)/ZCA 93- m ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- - 402, amending various sections of the Zoning Ordinance (Title 2 1) of the Municipal Code , to accept the suggested modifications to the affordable housing provisions of the Zoning Code and the Local Coastal Program Land Use Policies, approved by the California Coastal Commission. - AYES: Lewis, Finnila, and Hall ABSTAIN: Nygaard and Kulchin Mayor Lewis requested, and Council concurred, that Item # 12, be taken out of order and heard at this time. 70 12. AB #14,120 - REQUEST FROM THE NORTHWEST QUADRANT CITIZENS’ GROUP. Jeanne B. McFadden, 133 1 Chinquapin, Carlsbad, representing the Northwest Quadrant Citizens’ Group, read a letter from the group, dated March 10,1997 (a copy of which is on file in the City Clerk’s office), requesting that the Council take positive action on a plan leading to a decision on a specific community park site, and a time schedule for it’s completion. ACTION: On motion by Mayor Lewis, Council instructed staff to return to Council with information on the Pine School, Manzano, and fragmented sites suggested, and also the time sequence. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall PUBLIC HEARING: 43 8. AB # 14.1 06 - APPEAL OF CONDITIONAL USE PERMIT NO. 96- 19, BRTGHTON GARDENS. Mayor Lewis opened the duly noticed Public Hearing at 65 1 p.m., and issued the invitation to speak. Appellant, Ray McClave, D.D.S., 2630 El Camino Real, Carlsbad, addressed Council stating his concern is safety. He stated there is currently a lot of traffic on that small portion of Hosp Way. When the access road is built to connect Hosp Way and Carlsbad Village Drive, it will be used as a shortcut and there will be a substantial increase in traffic which was to be deterred by speed bumps. He urged Council to require further research into circulation alternatives for different access to the project. 0 0 April 1, 1997 CITY COUNCIL Page 4 Sandy Whitmer Piiion, 3204 Via Pescado, Carlsbad, a resident of Tanglewood, expressed approval of the Brighton Gardens project, but is also concerned about the access road and the rest of the traffic circulation problem. David Dunn, 1782 Terry Lynn Lane, Santa ha, representing the property owner and the Marriott Corp., encouraged a decision on the access, and approval of this project at this time. Teresa Illich, 26024 Sky Drive, Escondido, owner of A-B-C Children’s Center, expressed her concerns for the safety of the children left in her care and also for the parents when they drop off and pick up the children. She stated that she, too, would like to see a better circulation pattern developed but has no objection to the Brighton Gardens project itself. See no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:O 1 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council directed the City Attorney to return with documents granting the appeal but approving the project with an alternate access acceptable to Council, and with the deletion of Condition 28(b) in Planning Commission Resolution No. 4034, in order to retain the meandering sidewalk. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall -13 9. AB #14,115 - BARRIO SPECIFIC PLAN. SP-209. Council Member Hall stated he would not participate in the discussion or action on this item, due to a conflict . of interest, and he left the dais. Mayor Lewis opened the public hearing at 7:33 p.m. Bob Ladwig, 2642 Ocean Street, Carlsbad, referenced and read his letter to the Council, dated April 1 , 1997, (a copy of which is on file in the City Clerk’s office). He urged Council to instruct staff and the Planning Commission to consider the changes and incorporate the comments from the joint meetings (referred to in Mr. Ladwig’s letter) held by the Barrio Committee and the Old Carlsbad Association. Dr. Sandy Parsons, 3390 Donna Dr., Carlsbad, stated her concern for the area and encouraged the Council to send the Plan back to staff and the Planning Commission to salvage the good parts of the Plan. Alex Kononchuk, Jr., 3305 Tyler St., Carlsbad, speaking on behalf of Alex and Claire Kononchuk, voiced opposition to the Barrio Specific Plan. He urged Council to reject eh plan. Tony Mata, 450 Chinquapin, Carlsbad, stated his opposition to the Barrio Specific Plan and the imposition of restrictions on property owners. Keith Cannon, 2300 Shawn Ct., Carlsbad, stated his opposition to the adoption of the Barrio Specific Plan. Lillian Stimpson, 3482 Harding St., Carlsbad, stated her fifteen year affiliation with the Barrio and voiced her opposition to the Barrio Specific Plan. Joyce Dennison, 765 Avocado Lane, Carlsbad, stated her concerns regarding traffic and suggested that the plan be revised to give more thought to the property owners. 0 m April 1, 1997 CITY COUNCIL Page 5 Mark Luper, 3206 Roosevelt St., Carlsbad, urged Council to deny the Barrio Specific Plan. Edee Luper, 3206 Roosevelt St., Carlsbad, urged Council to deny the Barrio Specific Plan. Kathy Delgado, 965 Laguna Dr., speaking for Tom Delgado, requested the Plan be returned for revisions on the items which the joint committee had reached consensus. Joe Canales, 504 Grapevine Rd., Vista, speaking on behalf of his mother who resides at 344 Jefferson St., Carlsbad, voiced opposition to the Barrio Specific Plan and urged the denial of the plan. He also indicated that he is willing to work with the Old Carlsbad Association in formulating a better plan. Caroljean Serna Kohlstedt, 3710 Adams St., Carlsbad, speaking on behalf of her grandmother, Refugio Campa, 3322 Madison St., Carlsbad, gave a brief history on the development of the plan and the meetings withe the plan proponents. Ms. Kohlstedt stated her opposition to the Barrio Specific Plan and urged denial. Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 8: 15 p.m. ACTION: On motion by Mayor Lewis, Council denied the Barrio Specific Plan (SP 209) and accompanying discretionary actions; and, directed staff to look at the possibility of placing a “hold” on lot consolidations in that area. AYES: Lewis, Finnila, Nygaard, and Kulchin NOES: None ABSENT: Hall RECESS: Mayor Lewis declared a recess at 8:35 p.m. and reconvened at 8:45 p.m., with all Council Members present. CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 8:45 p.m. and re-convened at 8:46 p.m., with all Council Members present. // // // // // // // // // // // // e 0 April 1, 1997 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: LO5 10: AB #14.117 - APPROVAL OF PROJECT SELECTIONS AND FUNDING ALLOCATIONS FOR THE 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANTHOME PROGRAM. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- 426, selecting specific projects for funding under the 1997-98 Community Development Block GranUHorne Program, as recommended by the CDBG Funding Advisory Committee and the Housing Commission, with the modification of Exhibit 2 to delete the $3,000 funding for the AIDS Foundation, and increase the funding by $1,000 for each of the following: 1) Catholic Charities (La Posada de Guadalupe); 2) Community Resource CenterKOmeless Prevention Program; and 3) Boys and Girls Club/Teen Scene Program. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSTAIN: Hall, on the funding for the Boys and Girls Club. 23 11. AB # 14,109 - APPROVAL OF ARTWORK FOR THE ACCESS AREAS OF THE SHORE PROTECTION WALL. Arthur Wood, 4770 Brookwood Court, Carlsbad, stated the Arts Commission is unanimous in their recommendation and urged the approval of ths project. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- - 418, approving the tile artwork design for the access areas of the Shore Protection Wall. AYES: Finnila, Nygaard, Kulchin, and Hall NOES: Lewis 70 12. AB #14,120 - REQUEST FROM THE NORTHWEST QUADRANT CITIZENS’ GROUP. This item as taken out of order (see Page 3). 98 13. AB #14,118 - POINSETTIA LANE/AVIARA PARKWAY STREET NAME CHANGE. ACTION: On motion by Mayor Pro Tern Finnila, Council directed the City Attorney to prepare documents to process the proposed Street Name Change to be heard by the City Council. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None 0 e April 1 , 1997 CITY COUNCIL Page 7 28 14. AB #14,078 - APPOINTMENTS TO THE HOUSING COMMISSION. ACTION: On motion by Mayor Lewis, Council reappointed Bob Rose, Ed Scarpelli, and Kathleen Wellman to the Housing Commission in the General category; and, appointed Roy Latas to the Housing Commission in the Section 8 category - AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None COUNCIL REPORTS AND COMMENTS: Council Members reported on the activities and meetings of the committees and sub-committees of which they are members. ADJOURNMENT: By proper motion, the Regular Meeting of April 1, 1997, was adjourned at 9: 1 1 p.m. Respectfully submitted, Q.bLt&L$. p- ALETHA L. RAUTENKRANZ, City Clerk