HomeMy WebLinkAbout1997-06-17; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 17,1997
TIME OF MEETING 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:03 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tern Finnila, Council Members Nygaard, Kulchin, and
Hall
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
PRESENTATIONS:
Mayor Pro Tem Finnila introduced and made presentations to the valedictorians and salutatorians from
Carlsbad High School and from the Army & Navy Academy.
APPROVAL OF MINUTES:
None
CONSENT CALENDAR
On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar,
Items #1 through #11 with the exception of Items #5, #6, #7, #9, and #10 as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
i9 1. AB #14,208 - AWARD OF CONTRACT FOR MICROCOMPUTER SOFTWARE TRAINING. 15 Council adopted RESOLUTION NO. 97-487, authorizing the Mayor to execute a contract with
Lienhard Consulting Group for microcomputer training services.
4 2. AB #14,209 - APPROVAL OF EXTENSION AND AMENDMENT NO. 1 TO AGREEMENT
.5 FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR ADA (AMERICANS WITH
DISABILITIES ACT) IMPROVEMENTS TO CITY FACILITIES.
Council adopted RESOLUTION NO. 97-488, approving the extension and Amendment No 1 to the
Professional Services Agreement with Moon, Mayoras Architects, for Architectural and Engineering
Services (AE) for Americans with Disabilities Act (ADA) improvements to City facilities.
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3. AB # 14.2 10 - APPROVAL OF AGREEMENT FOR MANAGEMENT AND
IMPLEMENTATION OF THE 1996-97 HOME PROGRAM PROJECT.
Council adopted RESOLUTION NO. 97-489, approving the agreement with the County of San
Diego and the County of San Diego Housing Authority to manage and implement the Fiscal Year
1996-97 HOME Program.
4. AB #14.211- APPROVAL OF AN AGREEMENT WITH THE CITY OF ENCINITAS FOR THE
MAINTENANCE OF THE LA COSTA AVENUE/PIREAUS STREETPARK-N-RIDE LOT
SIGNAL SYSTEM.
Council adopted RESOLUTION NO. 97-490, authorizing the Mayor to execute the agreement with
the City of Encinitas for the maintenance of the La Costa AvenueRireaus Streeflark-n-Ride lot
traffic signal system.
5. AB #14,212 - APPROVAL OF EXTENSION AND AMENDMENT NO. 2 TO AGREEMENT
FOR CONTINUED DEVELOPMENT OF THE COASTAL RAIL TRAIL PROJECT.
This item was removed from the Consent Calendar.
6. AB #14.213 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
7. AB # 14.2 14 - APPROVAL OF REVISION TO THE HOURLY EMPLOYEES SALARY
SCHEDULE.
This item was removed from the Consent Calendar.
8. AB #14,215 - APPROVAL OF RECLASSIFICATION OF THE ADMINISTRATIVE
SECRETARY IN THE CITY ATTORNEY’S OFFICE.
Council adopted RESOLUTION NO. 97-494, approving the Legal Secretary classification,
amending the General Employee’s classification and salary schedule, and reclassifylng one
Administrative Secretary to Legal Secretq.
9. AB # 14,216 - REJECTION OF PREVIOUS BIDS AND AUTHORIZATION OF RE-
ADVERTISEMENT FOR BIDS FOR STREET SWEEPING SERVICES - CONTRACT NO. CS-
97-5.
This item was removed from the Consent Calendar.
10. AB #14.222 - APPROVAL OF SETTLEMENT AGREEMENT WITH SAN DIEGO COUNTY
AND COAST WASTE MANAGEMENT.
This item was removed from the Consent Calendar.
1 1. AB # 14-2 17 - REVIEW OF THE CITY’S STREET TREE ORDINANCE AND POLICIES.
Council referred the issue of the Street Tree Ordinance and Policy revision to the Parks and
Recreation Commission for their review and recommendations for changes to ordinances, policies
and regulations.
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June 17, 1997 CITY COUNCIL, Page 3
ITEMS REMOVED FROM CONSENT CALENDAR:
.04 5. AB #14,212 - APPROVAL OF EXTENSION AND AMENDMENT NO. 2 TO AGREEMENT
45 FOR CONTINUED DEVELOPMENT OF THE COASTAL RAIL TRAIL PROJECT.
Council Member Hall expressed the opinion that a master plan for the corridor should be completed, and
should precede this project.
Leslie Blanda, Principal Planner for NCTD, addressed the issue of a Master Plan by stating that NCTD has
recently embarked on a study to look at the long term capital needs for the corridor and will continue to
coordinate with Carlsbad on the planning of the facilities.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO 97- 491, authorizing the Mayor to execute the contract extension and Amendment No. 2
with Transtech Engineers, Inc., for the continued development of the Coastal Rail
Trail project.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
81 6. AB #14,213 - ACCEPTANCE OF DONATION.
Mr. Jim McCann, representing Newport National Corporation, and Mr. Greg White, representing Tri-Teal
Corporation, presented checks to Library Director Cliff Lange.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 97- - 492, accepting a donation of $5,000 from Newport National Corporation, Marco
Plaza Enterprises, and Tri-Teal Corporation for the Carlsbad Library.
AYES: Lewis, Finnila, Nygaard, Kulchm, and Hall
74 7. AB # 14,2 14 - APPROVAL OF REVISION TO THE HOURLY EMPLOYEES SALARY.
This item was withdrawn from the agenda and continued.
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84 9. AB # 14,2 16 - REJECTION OF PREVIOUS BIDS AND AUTHORIZATION OF RE-
ADVERTISEMENT FOR BIDS FOR STREET SWEEPING SERVICES - CONTRACT NO. CS-
97-5.
Steve Dickson, President of R. F. Dickson Co., 12524 Clark Ave., San Diego, stated his company is
Carlsbad’s present sweeping contractor and was found to be the lowest bidder in the recent contract bidding.
Mr. Dickson requested this item be rejected and the street sweeping contract be awarded to the R. F. Dickson
co.
Pat Cannon, representing Cannon Pacific Co., 6102 Avenida Encinas, Carlsbad, contended that his company
is the only company that bid correctly and had the lowest bid. He, too, urged the Council to reject this item
and award the contract to the Cannon Pacific Co.
Council Members Hall and Finnila state the City made the mistake in the specifications; therefore, the bid
should be awarded to R. F. Dickson Co., the low bidder.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-494,
rejecting all bids previously received for street sweeping services Contract No. CS
97-2, approving bid documents and authorizing the City Clerk to re-advertise for
bids for street sweeping services Contract No. CS 97-5.
AYES: Lewis, Nygaard, and Kulchin
- NOES: Finnila and Hall
55 10. AB #14.222 - APPROVAL OF SETTLEMENT AGREEMENT WITH SAN DIEGO COUNTY
AND COAST WASTE MANAGEMENT.
This item was withdrawn from the agenda and continued.
PUBLIC COMMENT:
None
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PUBLIC HEARING:
-14 12. AB #14,218 - CHILD DAY CARE REGULATIONS - ZCA 93-1/LCPA 97-3.
Mayor Lewis opened the Public Hearing at 7:04 p.m., and issued the invitation to speak.
Carol Kerley, representing Callaway Golf, 2285 Rutherford Rd., Carlsbad, voiced approval of the regulations
crafted by staff and urged Council’s approval of this item.
Ron Rouse, Attorney for Callaway Golf, 600 W. Broadway, #2600, San Diego, also voiced his approval of
this item in it’s entirety and urged Council’s approval of the Child Care Ordinance.
Since no one else wished to speak, Mayor Lewis closed the Public Hearing at 7: 11 p.m.
Mayor Pro Tem Finnila stated that although she would vote in favor of the Child Care Ordinance as
presented, she does not believe child care facilities belong in industrial areas and requested the record to
reflect her position on the matter.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
97-496, approving a Negative Declaration and Local Coastal Program Amendment
(LCPA 97-03), addressing child day care regulations;
and, introducing ORDINANCE NO. NS-409, approving Zone Code Amendment (ZCA
93-0 1).
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
CAIUSBAD MUNICIPAL WATER DISTRICT MEETING
Council adjourned to the Carlsbad Municipal Water District Meeting at 7: 16 p.m. and re-convened at 7: 17
p.m., with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
85 13. AB #14,205 - REOUEST FROM CATHOLIC CHARITIES FOR FINANCIAL ASSISTANCE TO
PURCHASE PROPERTY FOR LA POSADA DE GUADALUF’E HOMELESS SHELTER.
Sister RayMonda DuVall, Executive Director of Catholic Charities, 349 Cedar St., San Diego, requested the
$200,000 “forgivable loan”, for the acquisition of property which currently houses a homeless shelter for
men, be approved by Council.
Robert H. Baker, P.O. Box 2129, Rancho Santa Fe, representing the Board of Directors of Catholic Charities,
and also speaking as a private citizen, gave a brief overview of the work of Catholic Charities. Mr. Baker
urged Council to adopt this Resolution as recommended by the Housing Commission.
Ann Fait, 1650 Oak Ave., Carlsbad, President and representative of Caring Residents of Carlsbad, spoke in
favor of this Resolution and urged its adoption.
Kathleen Wellman, 7 144 Aviara Dr., Carlsbad, requested support for the request by Catholic Charities, and
urged adoption of the Resolution as recommended by the Housing Commission.
Council Member Hall stated that all parties want the partnership to continue.
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June 17, 1997 CITY COUNCIL Page 6
Mayor Lewis expressed a concern about an organization using public funds to purchase property, and then
the funds not being refunded if the property is sold and a profit realized.
Mayor Pro Tem Finnila concurred with the comments of Mayor Lewis.
Council Member Nygaard also agreed, but suggested there be a guarantee that any profit would be reinvested
in the City of Carlsbad.
Community Development Director Marty Orenyak referenced the memorandum to Council from the Housing
and Redevelopment Director, dated June 13, 1997 (a copy of which is on file with the City Clerk) and the
following options contained therein:
(1) Upon transfer or change of title of the property, recover #200,000 from the sales proceeds.
If the City should purchase the property, the purchase price will be fair market value at the
time of the purchase less the City’s financial contribution; or
(2) Recover all or a portion of the $200,000 from sale proceeds that represent appreciation over
and above the original sales price of the property ($362,500).
As an additional option, Mr. Orenyak suggested the following:
(3) Catholic Charities would recover their initial investment in the purchase of the property and
interest paid; the City would then recover it’s loan principal; and then any additional
proceeds would be shared in proportion to the initial investments made in the purchase of the
property.
ACTION: By consensus, Council returned this item to staff to negotiate the terms of the
agreement in accordance with the options presented by staff.
RECESS:
Mayor Lewis declared a recess at 8:05 p.m. and reconvened at 8: 13 p.m. with five Council Members present.
LO4 15. AB #14,220 - REQUEST FROM NORTH COUNTY TRANSIT DISTRICT (NCTD) FOR
SUPPORT OF THE OCEANSIDE TO ESCONDIDO RAIL PROJECT.
Leslie Blanda, Principal Planner for NCTD, presented a brief overview of the environmental work that has
been completed, to date, including noise impact mitigation. She responded appropriately to questions and
urged Council’s support for this project.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- - 497, supporting the Oceanside to Escondido Rail project.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
99 16. AB #14,22 1 - REQUEST TO CHANGE A STREET DEDICATION REQUIRED TO CONNECT CT 89-18 UNIT NO. 2, RANCHO VERDE, TO THE CITY OF ENCINITAS.
City Engineer Lloyd Hubbs gave the staff report. He explained that there are many unknowns at this time
with regard to the circulation in the City of Encinitas. He referenced the Highway 680 issue; and additional
developments in the planning stages which border Carlsbad.
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June 17, 1997 CITY COUNCIL Page 7
Mr. Hubbs recommended that Council take no action on the request; thereby retaining the maximum
flexibility for the future. He stated the issue would be returned to Council when more information is available
concerning the circulation plans of Encinitas in that area.
Pat McDougall, 3402 Calle Margarita, Encinitas, stated the road would divide his property in half, if built.
Additionally, he referenced the letter from the Mayor of Encinitas, dated June 17, 1997, and questioned the
facts in that letter.
Ron Brent, representing Centex Homes, Carlsbad, stated the subdivision was not designed for through traffic.
He expressed the opinion that if Encinitas has traffic circulation problems, then Encinitas should solve those
problems rather than asking Carlsbad to provide a solution.
Rob Blough, Traffic Engineer for the City of Encinitas, 505 S. Vulcan Ave., Encinitas, urged Council to deny
the request for designation as an emergency only access. He stressed the need for the street to be constructed
in the future for an additional access to the properties on Lone Jack Road.
ACTION: Council, by consensus, directed staff to prepare a report on circulation in the areas,
This item was continued.
and return the matter to Council when appropriate.
67 17. AB #14.206 - DESIGNATION OF CERTAIN AREAS WITHIN THE CITY AS PEDESTRIAN 70 ONLY AREAS.
Carlton Lund, 4779 Brookwood Court, Carlsbad, spoke in opposition to “Pedestrian Only” walkways,
particularly along the beach, and suggested that “courtesy” signs be posted instead.
Nina Eaton, 5025 Tierra Del Oro, Carlsbad, spoke in opposition to “Pedestrian Only” walkways, particularly
along the beach, and agreed with the suggestion for “courtesy” signs and also suggested that a study be
conducted with the involvement of skaters to determine solutions.
ACTION: By consensus, Council returned the matter to staff for an additional report including
regulatory and enforcement information for possible discussion at a future Council
workshop.
02 14. AB #14.219 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF CARLSBAD
VILLAGE DRIVE.
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-
-9 410 establishing a prima facie 40 mile per hour speed limit upon Carlsbad Village Drive, from Highland Drive to El Camino Real.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
COUNCIL REPORTS:
None
CITY MANAGER COMMENTS:
None
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June 17,1997 CITY COUNCIL Page 8
CITY ATTORNEY COMMENTS:
None
ADJOURNMENT:
By proper motion, the Regular Meeting of June 17, 1997, was adjourned at 9:26 p.m.
Respectfully submitted,
(lJmiR. h
ALETHA L. RAUTENKRANZ
City Clerk