HomeMy WebLinkAbout1997-08-05; City Council; Minutes.. 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: August 5,1997
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:OO 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 Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously
approved as presented:
Minutes of the Regular Meeting held on July 8, 1997
Minutes of the Regular Meeting held on July 15, 1997
Minutes of the Regular Meeting held on July 22, 1997
PRESENTATIONS:
Mayor Lewis presented a Retirement Proclamation to Doris Cosman.
Mayor Lewis presented a Retirement Proclamation to Marge Walger.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Business Roundtable Meeting - Transportation, to be held on Thursday, August 7, 1997 at 8:OO
a.m. at the Raintree, 755 Raintree Drive, Carlsbad.
Aviara J. Seward Johnson Sculptor Reception, to be held on Thursday, August 14, 1997 at 6:30
p.m. at Four Seasons Resort Aviara, 7100 Four Seasons Point, Carlsbad.
Carlsbad Village Business AssociatiodChamber of Commerce, Four Seasons Resort Opening
Celebration, to be held on Saturday, August 23, 1997 from 6:OO p.m. to 1O:OO p.m., at Four
Seasons Resort Aviara, 7100 Four Seasons Point, Carlsbad.
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CONSENT CALENDAR:
Item #1 was removed fkom the Consent Calendar.
On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent
Calendar, Items #2 through #lo, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14.288 - ACCEPTANCE OF A DONATION.
This item was removed from the Consent Calendar.
2. AB #14,289 - APPROVAL OF AMENDMENT TO CONSULTANT AGREEMENT FOR THE
RANCHO SANTA FE ROAD BRIDGE REPLACEMENT, PROJECT NO. 3 190.
Council adopted RESOLUTION NO. 97-553, approving Amendment No. 1 to an agreement
with Dudek & Associates, a California Corporation, to provide environmental services for
environmental studies for the Rancho Santa Fe Road Bridge Replacement.
3. AB #14.290 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City's investment
portfolio as of June 30, 1997.
4. AB #14,291- RENEWAL OF PROPERTY, BOILER AND MACHINERY INSURANCE.
Council adopted RESOLUTION NO. 97-554, authorizing the expenditure of $38,375 for
continued participation in the Public Entity Property Insurance Program.
5. AB #14,292 - APPROVAL OF THE FINAL MAP FOR CT 92-3. UNIT 2, AVIARA PHASE 111.
Council adopted RESOLUTION NO. 97-555, approving the final map for Carlsbad Tract No.
92-3, Aviara Phase 111, Unit 2 and authorizing the Clerk to process the map for recording.
6. AB #14,293 - APPROVAL OF THE FINAL MAP FOR CT 92-3, UNIT 3, AVIARA PHASE 111.
Council adopted RESOLUTION NO. 97-556, approving the final map for Carlsbad Tract No.
92-3, Aviara Phase 111, Unit 3 and authorizing the Clerk to process the map for recording.
7. AB #14,294 - APPROVAL OF THE FINAL MAP FOR CT 92-3, UNIT 4, AVIARA PHASE 111.
Council adopted RESOLUTION NO. 97-557, approving the final map for Carlsbad Tract No.
92-3, Aviara Phase 111, Unit 4 and authorizing the Clerk to process the map for recording.
8. AB #14,295 - APPROVAL OF THE FINAL MAP FOR CT 92-3, UNIT 5, AVIARA PHASE 111.
Council adopted RESOLUTION NO. 97-558, approving the final map for Carlsbad Tract No.
92-3, Aviara Phase 111, Unit 5 and authorizing the Clerk to process the map for recording.
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7 9. AB #14,296 - AWARD OF CONTRACT FOR THE 1997 STREET SEALING PROJECT.
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Council adopted RESOLUTION NO. 97-559, accepting bids and authorizing the Mayor to
execute Contract No. 3527-S, between the City of Carlsbad and Schaefers Parking Lot Service
for the construction of the 1997 Street Sealing Project.
4 10. AB #14.301- AWARDING THE CONTRACT FOR STREET LIGHTS ON MONROE STREET
5 AND CHESTNUT AVENUE.
Council adopted RESOLUTION NO. 97-551, accepting bids and awarding a contract to Signal
Maintenance, Inc., for the Monroe Street and Chestnut Avenue Street Lighting, Project No. 3503.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1 1. AB #14,288 - ACCEPTANCE OF A DONATION.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
-1 97-552 accepting a gift of $42,000 from the Friends of the Library.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
ORDINANCE FOR ADOPTION:
17 11. AB #14,297 - ADOPTION OF ORDINANCE NO. NS-416 IMPLEMENTING THE CITY’S PARENTAL RESPONSIBILITY LAW.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO.
NS-416, repealing Title 8, Chapter 8.04 of the Carlsbad Municipal Code and
adding a new Chapter 8.04, implementing the parental responsibility law.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
PUBLIC COMMENT:
Kim Welshons, 2121 Placid0 Court, Carlsbad, updated Council on the progress of the 1-5 Corridor
Landscape Advisory Committee. Mrs. Welshons stated that the draft of the 1-5 Corridor Landscape
Master Plan should be ready to be presented to Council in early October along with a request to send the
plan out for further review and to solicit additional public comments through presentations at various city
commissions and committees.
PUBLIC HEARINGS:
12 12. AB #14.298 - COST ASSESSMENTS FOR WEED ABATEMENT ON PRIVATE PROPERTY.
Martin Aguilera gave the staff report and stated the County Assessor will no longer accept zero value
properties as part of this assessment. Therefore, since there is a bankruptcy filed, the following seven
parcels should be removed from the list: 215-493-21,215-494-29,216-380-02,223-180-26,223-230-11,
223-240-28, and 223-283-20.
Council Member Finnila suggested staff look at the seven properties in bankruptcy to see if they would
be of any value to the City.
Mayor Lewis opened the Public Hearing at 6:26 p.m., and since no one wished to speak, Mayor Lewis
closed the Public Hearing at 6:26 p.m.
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ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-560, confirming the Report of the Fire Chief showing cost of weed abatement
against each parcel of land in said Report, confirming the cost, and providing for
collection on the regular tax bill, with the amendment of the report to delete the
seven parcels noted by staff.
AYES : Lewis, Finnila, Nygaard, Kulchin, and Hall
9 13. AB #14,299 - APPEAL OF PLANNING COMMISSION DECISION ON PACIFIC VIEW ESTATES. CT 96-3PUD 96-3/HDP 96-3/SDP 96-4.
Mayor Lewis opened the Public Hearing at 6:38 p.m., and issued the invitation to speak.
Nick Giovinazzo, 2948 Wintergreen Drive, Carlsbad, stated that he and other residents of Hillgate have
no opposition to the development of Pacific View Estates. However, they are opposed to the opening of
Wintergreen Drive to through traffic and they are trying to find an alternative by which the problem
might be solved. He offered, as a solution, that a Knox gate be installed at the point of the joining of the
two segments of Wintergreen. He suggested that a citizen’s committee be allowed to meet with the
Planners and Council, in an effort to arrive at an equitable solution for all.
Anthony Venaria, 2976 Wintergreen Drive, Carlsbad, stated that he believes staff is in error in stating
that “. . .without this connection, Wintergreen Drive would remain as an over length cul-de-sac street
exceeding a maximum of 1200 feet in length . . .” He further stated that he has measured the same street
and it is actually 1060 feet. He opposed the opening of Wintergreen to through traffic.
Kathleen Barber, 2972 Wintergreen Drive, Carlsbad, stated that at the time her home was purchased,
they were not told that Wintergreen would ever be anything but a “dead-end” street, as it has been for the
past nine years. She urged Council to uphold the appeal.
Jorge Ruiz, 2960 Wintergreen Drive, Carlsbad, stated they have a very quiet, peaceful, and safe
neighborhood and they want to keep it that way. He further stated that he does not oppose the building
of Pacific View Estates, but he does object to opening Wintergreen Drive to through traffic.
Ralph Ascher, 2956 Wintergreen Drive, Carlsbad, stated that he feels that opening Wintergreen to
through traffic will endanger the lives of the children as well as interrupt the tranquility of the
neighborhood.
Steve Adler stated he owns the property at 3 100 Donna Drive, Carlsbad. He expressed concerns about
the impacts on Donna Drive.
Steve Schook, 2952 Wintergreen Drive, Carlsbad, stated that he is an employee of the Los Angeles Fire
Department and does not agree that the Carlsbad Fire Department needs a through street (Wintergreen)
to accommodate additional fire apparatus. He pointed out that there is a lush green-belt surrounding the
Hillgate community which is enough to protect them from fire coming up the hill and into their
neighborhood.
Don Jack, P.O. Box 2198, Carlsbad, representing the development firm, stated that they are willing to
share in the cost of installing a “Knox” gate with the residents of the Hillgate community, should they be
permitted to do so. He further stated that they too would rather have a “dead-end” street but the City has
required the joining and the opening of Wintergreen Drive as a through street.
Since no one else wished to speak, Mayor Lewis closed the Public Hearing at 7: 10 p.m.
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August 5, 1997 CITY COUNCIL Page 5
Mayor Lewis stated that he could only support the project if a signal is installed at the intersection of
Donna Drive and Carlsbad Village Drive when Wintergreen is built.
Staff stated that the developer is only required to bond for 25% of the signal; therefore staff would return
with an agenda bill to allocate the remainder of the funding of the signal is to be built.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-561, denying appellant’s appeal and upholding the Planning Commission’s
approval of Pacific View Estate’s Tentative Tract Map No. CT 96-03, Planned
Development Permit No. PUD 96-03, Hillside Development Permit No. HDP
96-03, and Site Development Plan No. SDP 96-04, amending Condition No. 58
of Planning Commission Resolution No. 4100 to read “Construct a traffic signal
at Donna Drive and Carlsbad Village Drive, prior to the occupancy of the first
unit constructed in Phase 11 or Phase I1 and the City shall reimburse the
developer for 75% of the cost of the signal installation.”
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
RECESS:
Mayor Lewis declared a recess at 7:41 p.m. and Council reconvened at 7:49 p.m., with all Council
Members present.
CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Council adjourned to the Carlsbad Municipal Water District Meeting at 750 p.m. and reconvened at 751
p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
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15. AB #14,300 - RANCHO CALRSBAD MOBILEHOME PARK CONVERSION.
Ronald Schwaab, 3442 Don Juan Drive, Carlsbad, stated that after residing at Rancho Carlsbad for nine
years he requested a new lease and instead received an eviction notice. Mr. Schwaab quoted several
sections of the “Tenant Impact Report” and requested Council assistance with the matter.
In response to Council query, Assistant City Attorney Rich Rudolf stated the City may, or may not, be
involved, depending on the reasons the park owner is citing for the eviction notice.
Sue Loftin, Attorney, 4330 La Jolla Village Drive, Suite 320, San Diego, representing Rancho Carlsbad
Partners, addressed Council. She referenced the agenda bill and requested that the monies recommended
for the outside consultant be in addition to the funds requested by Rancho Carlsbad Partners. With
regard to Mr. Schwaab’s comments, she stated there was a court decision regarding the matter, and the
court found he was not a tenant or resident of the park; therefore the TIR does not apply to him.
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ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-562, authorizing the City Manager, to execute Contract No. 96-MPROP-057,
between the City of Carlsbad and the California Department of Housing and
Community Development to allow the City and the Carlsbad Residents
Association to receive MPROP funding; and to authorize the expenditure of an
amount not to exceed $446,408 from the City’s Housing Trust Fund to assist
lower income households to purchase individual spaces within the Rancho
Carlsbad Mobilehome Park, as amended on Page 2, Line 16% to delete the
following sentence: “However, in no event shall an individual loan exceed
$10,381.”
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
RECESS:
Mayor Lewis declared a recess at 8: 18 p.m., and Council reconvened at 8:22 p.m., with all Council
Members present.
17 14. AB #14,302 - MID-YEAR REPORT ON 1997 COUNCIL GOALS AND OBJECTIVES.
Council heard staff presentations on the status of the 1997 Council Goals and Objectives.
COUNCIL REPORTS:
None
CITY MANAGER COMMENTS:
None
CITY ATTORNEY COMMENTS:
None
ADJOURMMENT:
By proper motion, the Regular Meeting of August 5, 1997, was adjourned at 9:44 p.m.
Respectfully submitted,
&$&dLZ * ALETH L. RAUT v City Clerk