HomeMy WebLinkAbout1997-09-02; City Council; Minutes_”( 3 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 2,1997
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
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CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:04 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
LEGISLATIVE INVOCATION was given by Bernice Bernardo, Spiritual Assembly of the Bahai’s.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
APPROVAL OF MINUTES: None
CONSENT CALENDAR:
Item #7 was removed hom the Consent Calendar.
On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent
Calendar, Items #1 through #9, with the exception of Item #7, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
99 1. AB #14,325 - APPROVAL OF FINAL MAP FOR CT 90-9(A), AVIARA AREA 5 UNIT 3.
Council adopted RESOLUTION NO. 97-589, approving the Final Map for CT 90-9(A), Aviara
Area 5, Unit 3, and authorizing the City Clerk to process the Map for recordation.
93 2. AB #14,326 - APPROVAL OF PLANS AND SPECIFICATIONS FOR REHABILITATION OF THE WASHINGTON STREET 10” AND 12” GRAVITY SEWER PIPELINE, CMWD
PROJECT NO. 97-103, CONTRACT NO. 34521.
Council adopted RESOLUTION NO. 97-590, approving the plans and specifications and
authorizing staff to advertise for bids for the rehabilitation of the Washington Street 10 and 12-
inch Gravity Sewer Pipeline, CMWD Project No. 97-103, Contract No. 34521.
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CONSENT CALENDAR (continued):
106 3. AB #14,327 - AUTHORIZING SANDAG TO USE THE CITY’S ELECTRICAL LOAD AND
BILLING DATA IN A SOLICITATION OF BIDS FOR POWER AND RELATED SERVICES.
Council authorized Mayor Lewis to sign a letter on behalf of the City authorizing the use of the
City of Carlsbad’s electrical load and billing data in the regional Request for Qualifications and
Request for Proposals for power supplies and other energy services.
41 4. AB #14,328 - SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN DIEGO AND COAST WASTE MANAGEMENT, INC.
Council noted and filed the settlement agreement between the City of Carlsbad, the County of
San Diego and Coast Waste Management, Inc., for the Coast Waste Management v. County
lawsuit, Case No. 94-1823-IEG, and the City v. County lawsuit, Case N66415.
74 5- AB #14,329 - AMENDMENT OF THE MANAGEMENT SALARY SCHEDULE.
Council adopted RESOLUTION NO. 97-591, approving the revised management salary
schedule for the positions of Police Chief, Police Captain, and Police Lieutenant.
74 6. AB #14,330 - AMENDMENT OF THE SALARY SCHEDULE FOR CLASSIFICATIONS
REPRESENTED BY THE CARLSBAD POLICE OFFICERS ASSOCIATION (CPOA).
Council adopted RESOLUTION NO. 97-592, approving the revised salary schedule for
classifications represented by the Carlsbad Police Officer’s Association.
55 7. AB #14,331 - REVISION OF THE SERVICE RATE FOR SOLID WASTE ROLL-OFF BOX SERVICE.
This item was removed from the Consent Calendar.
105 8. AB #14,332 - APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY
45 DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
Council adopted RESOLUTION NO. 97-594, approving CDBG subrecipient agreements with
Lifeline Community Services, Hospice of the North Coast and Casa de Amparo.
39 9. AB #14,333 - TREASURER’S REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of the City’s investment portfolio as of
July 31, 1997.
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ITEM REMOVED FROM THE CONSENT CALENDAR:
55 7. AB #14.331 - REVISION OF THE SERVICE RATE FOR SOLID WASTE ROLL-OFF BOX
SERVICE.
Council Member Hall requested this item be continued for another week to allow him time for additional
research.
ACTION: By consensus, this item was continued to the Regular Meeting of September 9,
1997.
ORDINANCE FOR ADOPTION:
71 10. AB #14,340 - ESTABLISHMENT OF A NINETY MINUTE PARKING RESTRICTION AT
THE SWIM COMPLEX PARKING LOT.
Council Member Kulchin stated that she had reviewed the tapes of the August 26, 1997 meeting, and
was qualified to vote on this item.
ACTION: On motion by Mayor Pro Tern Finnila, Council adopted ORDINANCE NO.
NS-417, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by
the revision of Section 10.40.076 to declare “Ninety-Minute Parking, 24 Hours
Per Day, Seven Days Per Week” for all parking spaces in the parking lot directly
east of the Carlsbad Community Swim Complex.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
PUBLIC COMMENT: None.
PUBLIC HEARINGS:
99 11. AB#14,334 - CT 96-4/PUD-71(BMHDP 96-4/SDP 96-7, BROOKFIELD MEADOWS.
Mayor Lewis opened the Public Hearing at 6: 12 p.m., and issued the invitation to speak.
Nick Banche, Attorney at Law, 715 Pier View Way, Oceanside, CA., representing the applicant, stated
they still have not been able to receive approval to annex into the existing recreational facilities of the
adjoining property. He requested that Condition # 20 be changed to read “The Developer shall annex
into the existing Homeowners Association to provide the recreational facilities E provide recreational
facilities on-site pursuant to the Ordinance to the satisfaction of the Planning Director”.
Richard Salpietra, 6833 Xana Way, Carlsbad, stated that the primary concern among homeowners on
Xana Way is: (1) increase in traffic, congestion and speed control; (2) increase in pool and spa usage
along with safety concerns; (3) care and maintenance for common areas, hillsides, brush management,
open space easements, curbs, gutters and sidewalks; and (4) the voice of the residents not being heard.
Mr. Salpietra mentioned that he had not been present at any of the previous public hearings regarding
this project, since he assumed that these questions were being raised by their Board.
Lora Witton, 6831 Xana Way, Carlsbad, spoke in support of Mr. Salpietra’s comments. Ms. Witton
stated that she had attended previous Planning Commission and Council meetings regarding this project,
however she had not attended all of the Homeowner’s Association Board meetings.
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PUBLIC HEARINGS (continued):
Nick Banche, Attorney at Law, 715 Pier View Way, Oceanside, CA., representing the applicant, spoke in
rebuttal. Mr. Banche asked the Council to approve the project with the modified condition so that a
decision can be made in the best interest of all involved.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:29 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-595 approving the Mitigated Negative Declaration, CT 96-04, PUD 71(B),
HDP 96-04, and SDP 96-07, based upon the findings and subject to the
conditions contained therein, with the revision to Condition #20 on page 11 to
read “Prior to the approval of the final map or the issuance of building permits,
whichever occurs first, the Developer shall accomplish the annexation of the
subdivision into the existing Brookfield Homeowners’ Association or provide
on-site recreational facilities subject to the approval of the Planning Director”.
AYES: Lewis, Finnila, Nygaard, Kulchin and Hall
20 12. AB #14,335 - CONDEMNATION OF PROPERTY FOR ROAD EASEMENTS FOR BLACK
99 RAIL ROAD.
Mayor Lewis opened the Public Hearing at 6:38 p.m.
Guy Moore, property owner, 6503 El Camino Real, Carlsbad, distributed a package of exhibits (a copy of
which is on file in the City Clerk’s Office) showing the easement for roadway purposes, grant of right-
of-way, and a proposal to improve Black Rail Road. He gave a history of the matter, referencing his
exhibits. A copy of Mr. Moore’s statement was filed with the City Clerk. Mr. Moore stated he wanted
the full road developed in accordance with the original plans according to Mr. Ayres.
Jack Henthorn, 5431 Avenida Encinas, Suite J, Carlsbad, representing Greystone Homes, stated that
Greystone Homes has an approved Tentative Map on this site and a condition of that approval is to
construct a secondary access. Mr. Henthorn requested that Council grant the condemnation in order that
construction may begin.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:48 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-596 authorizing and directing the condemnation of road easements for Black
Rail Road north of Aviara Parkway.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
DEPARTMENTAL AND CITY MANAGER REPORTS:
39 13. AB #14,336 - ANNUAL REVIEW OF THE CITY’S INVESTMENT.
Following his report, Mr. Stanton responded to Council’s questions concerning the County pool; the
City’s previous withdrawal from the pool; and a recent letter from the County stating they overpaid the
City by $20,000, and they wanted the money refunded.
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DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
Council members expressed concern about the situation and noted agreement with the City Treasurer’s
statement that he would not pay the County until there is an independent audit conducted which verifies
the debt.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-597 approving the City’s Investment Policy revised as of September 2, 1997.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
39 14. AB #14,337 - ANNUAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO.
ACTION: On motion by Mayor Pro Tem Finnila, Council accepted and filed the report.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
102 15. AB #14,338 - SPEED LIMIT ON BATIOUITOS DRIVE, FROM POINSETTIA LANE TO
KESTREL DRIVE.
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO.
NS-419, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by
the amendment of Section 10.44.520 to establish a prima facie 40 mile per hour
speed limit upon Batiquitos Drive from Poinsettia Lane to its intersection with
Kestrel Drive.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
RECESS:
Mayor Lewis declared a recess at 7:35 p.m., and Council reconvened at 7:41 p.m., with all Council
Members present.
113 16. AB #14,339 - URGENCY MEASURE RELATING TO PROCESSING OF COMMERCIAL
PROJECTS IN PROXIMITY TO CAFUSBAD RANCH.
Michael Holzmiller, Planning Director, provided an overview stating this urgency ordinance would
require any pending projects, those that are in the process, or any new applications for commercial
projects that are within the area to come before the City Council for final review and approval. The
proposed urgency ordinance would only apply to commercial projects. It would not apply to residential,
industrial or office uses. Also, the ordinance would not place any type of a moratorium on the
processing of commercial projects. It would only add one additional step in terms of requiring that the
project be brought before the City Council for final consideration.
Eric Munoz, Planner, displayed an overhead outlining the existing commercial project approval process
for various types of entitlements with the city. The three basic levels are (1) City Council; (2) Planning
Commission; and (3) staff level. Currently the City Council reviews and approves all zone changes,
General Plan Amendments, Specific and Master Plan Amendments, as well as Local Coastal Plan
Amendments. Currently the Planning Commission reviews and approves all Site Development Plans,
Conditional Use Permits and Coastal Development Permits. Staff approves business licenses, tenant
improvement applications and other types of administrative permits such as electrical.
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DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
113 16. AB #14,339 - URGENCY MEASURE RELATING TO PROCESSING OF COMMERCIAL
PROJECTS IN PROXIMITY TO CARLSBAD RANCH.(Continued action)
ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to commence with
the proceedings to process a regular zoning ordinance identical to the urgency
ordinance that was just adopted.
AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall
Item Nos. 17 through 21 were unanimously approved in one motion by Mayor Pro Tem Finnila as
follows:
28 17. AB 14,320 - APPOINTMENTS TO THE CARLSBAD PERSONNEL BOARD.
ACTION: Council adopted RESOLUTION NO. 97-578 reappointing Marni Betz to the
Personnel Board; and
RESOLUTION NO. 97-579 reappointing Don Martin to the Personnel Board;
and
RESOLUTION NO. 97-580 reappointing James Page to the Personnel Board.
28 18. AB #14,321 - APPOINTMENTS TO THE SISTER CITY COMMITTEE.
ACTION: Council adopted RESOLUTION NO. 97-581 reappointing Barbara Brill to the
Sister City Committee; and
RESOLUTION NO. 97-582 reappointing Adam David Finley to the Sister City
Committee; and
RESOLUTION NO. 97-583 reappointing Allan Wanamaker to the Sister City
Committee.
63 19. AB #14,322 - APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES.
ACTION: Council adopted RESOLUTION NO. 97-584 reappointing Ann L’Heureux to
the Library Board of Trustees; and
RESOLUTION NO. 97-585 appointing William Harkins to the Library Board
of Trustees.
28 20. AB #14,323 - APPOINTMENT TO THE BEACH EROSION COMMITTEE.
ACTION: Council adopted RESOLUTION NO. 97-586 appointing L. Dale King to the
Beach Erosion Committee.
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DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
103 21. AB #14,324 - APPOINTMENTS TO THE TRAFFIC SAFETY COMMISSION.
ACTION: Council adopted RESOLUTION NO. 97-587 reappointing John Allen to the
Traffic Safety Commission; and
RESOLUTION NO. 97-588 reappointing Bud Green to the Traffic Safety
Commission.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT.
By proper motion, the Regular Meeting of September 2, 1997, was adjourned at 853 p.m.
Respectfully submitted,
AQIc3ouLcQQ p ' City Clerk
ALETHA L. RAUTENKRANZ