HomeMy WebLinkAbout1997-10-07; City Council; Minutes (2)0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 7,1997
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
LEGISLATIVE INVOCATION was given by Pastor Silas Krueger, Beautiful Savior Lutheran Church.
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Finnila.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were unanimously
approved as presented:
Minutes of the Special Meeting held September 3, 1997
Minutes of the Special Meeting held September 9, 1997
Minutes of the Regular Meeting held September 9, 1997
Minutes of the Regular Meeting held September 16, 1997
Minutes of the Regular Meeting held September 30, 1997
PRESENTATIONS:
Mayor Lewis presented a proclamation to Judi Strang, Executive Director of the San Dieguito Alliance
for Drug Free Youth, declaring the week of October 25-3 1, 1997 as Red Ribbon Week. Ms. Strang
presented each of the following schools with a proclamation: La Costa Heights Elementary, Mission
Estancia Elementary, Oak Crest Jr. High, San Dieguito Academy, and La Costa Canyon High School.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
League of California Cities Annual Conference, to be held October 11-14, 1997, at the Moscone
Center in San Francisco.
Boards and Commissions Appreciation Event, to be held Thursday, October 16, 1997, from 5:30-
9:OO p.m., at the Four Seasons Resort, 7100 Four Seasons Point, Carlsbad.
October 7, 1997 e CITY COUNCIL 0 Page 2
CONSENT CALENDAR:
On motion by Mayor Pro Tern Finnila, Council affirmed the action of the Consent Calendar, Items #1
through #16, as follows:
AYES: Lewis, Finnila, Nygaard, Kulchin
ABSTAIN: Hall on Item #14
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
99 1. AB #14.356 - APPROVAL OF THE FINAL MAP FOR CT 95-5, EMERALD RIDGE EAST.
Council adopted RESOLUTION NO. 97-607, approving the Final Map for CT 95-5, Emerald
Ridge East, and authorizing the City Clerk to process the Map for recording.
99 2. AB #14,357 - APPROVAL OF THE FINAL MAP FOR CT 94-5, POINSETTIA SHORES,
AREA “A-2”.
Council adopted RESOLUTION NO. 97-608, approving the Final Map for CT 94-5, Poinsettia
Shores, Area “A-2”, and authorizing the City Clerk to process the Map for recording.
99 3. AB #14,358 - APPROVAL OF THE FINAL MAP FOR CT 94-4, POINSETTIA SHORES,
AREA “A-Y.
Council adopted RESOLUTION NO. 97-609, approving the Final Map for CT 94-4, Poinsettia
Shores, Area “A-l”, and authorizing the City Clerk to process the Map for recording.
84 4. AB #14,359 - AWARD OF BID FOR PURCHASE OF POLICE FIREARMS
Council adopted RESOLUTION NO. 97-610, accepting the bid and authorizing the purchase of
police firearms from Discount Gun Mart.
96 5. AB #14,360 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC SIGNAL AT
ASTON AVENUE AND COLLEGE BOULEVARD. PROJECT NO. 3522.
Council adopted RESOLUTION NO. 97-611, approving plans and specifications and
authorizing the City Clerk to advertise for bids for the construction of the Aston Avenue and
College Boulevard Traffic Signal, Project No. 3522.
74 6. AB #14,361 - APPROVING THE SETTLEMENT OF THE WORKER’S COMPENSATION
CLAIMS OF PAUL PARTAIN.
Council adopted RESOLUTION NO. 97-612, authorizing the expenditure of funds for
settlement of the Workers’ Compensation claims of Paul Partain.
35 7. AB #14,362 - AUTHORIZATION TO DESTROY RECORDS IN THE CITY ATTORNEY’S
OFFICE.
Council adopted RESOUTION NO. 97-613, authorizing the destruction of certain records kept
in the City Attorney’s Office.
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CONSENT CALENDAR (continued):
8. AB #14.363 - AUTHORIZING RETENTION OF SPECIAL COUNSEL.
Council adopted RESOLUTION NO. 97-614, authorizing the retention of the law fim of Best
Best & Krieger as additional special counsel for eminent domain and condemnation lawsuits.
9. AB #14,364 - REVISION OF SALARY SCHEDULE FOR HOURLY EMPLOYEES.
Council adopted RESOLUTION NO. 97-615, approving the revised hourly salary schedule and
appropriation of funds.
10. AB #14,365 - APPROVING THE 1997-98 SUBRECIPIENT AGREEMENTS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 97-616, approving the 1997-98 Subrecipient Agreements
with Women’s Resource Center and Heartland Human Relations Association for federal
Community Development Block Grant funds.
11. AB #14,366 - APPROVING THE 1996-97 COMPREHENSIVE HOUSING AFFORDABILITY
STRATEGY ANNUAL PERFORMANCE REPORT.
Council adopted RESOLUTION NO. 97-617, approving the City of Carlsbad’s 1996-97
Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report for the
Community Development Block Grant Entitlement Program.
12. AB #14,367 - APPROVING COST SHARING AGREEMENTS WITH THE CARLSBAD
UNIFIED SCHOOL DISTRICT AND THE ENCINITAS UNION HIGH SCHOOL DISTRICT
FOR THE D.A.R.E. PROGRAM.
Council adopted RESOLUTION NO. 97-618, approving the cost sharing agreement between
the City of Carlsbad, the Carlsbad Unified School District and the Encinitas Union High School
District for the Drug Abuse Resistance Education (D.A.R.E.) Program for fiscal year 1997-98.
13. AB #14,368 - APPROVING MEMORANDUMS OF UNDERSTANDING WITH THE
CARLSBAD UNIFIED SCHOOL DISTRICT AND THE SAN DIEGUITO UNION HIGH
SCHOOL DISTRICT FOR THE S.R.O. PROGRAM FOR FY 1997-98.
Council adopted RESOLUTION NO. 97-619, approving the Memorandum of Understanding
between the City of Carlsbad, the Carlsbad Unified School District and the San Dieguito Union
School District for the School Resource Officer (S.R.O.) Program for fiscal year 1997-98.
14. AB #14,369 - APPROVAL OF AN AGREEMENT TO PROVIDE ENGINEERING SERVICES
FOR THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT NO. 3528, AND THE
VISTNCARLSBAD INTERCEPTOR SEWER PROJECT NO. 3 182.
Council adopted RESOLUTION NO. 97-620, approving an agreement with Earth Tech, Inc., to
provide engineering services to prepare plans, specifications and cost estimate for the South
Carlsbad Village Storm Drain Project No. 3528 and Phases 9 & 10 of the Vista/Carlsbad
Interceptor Sewer Project No. 3 182.
ABSTAIN: HALL
October 7, 1997 CITY COUNCIL 0 Page 4
CONSENT CALENDAR (continued):
54 15. AB #14,379 - APPROVAL OF A CONSULTANT AGREEMENT FOR ADDITIONAL
45 DESIGN SERVICES FOR THE PALOMAR AIRPORT ROAD AND 1-5 INTERCHANGE
PROJECT NO. 3268.
Council adopted RESOLUTION NO. 97-630, approving a consultant agreement with Boyle
Engineering Corporation to provide additional design services for Palomar Airport Road and 1-5
Interchange Project No. 3268.
39 16. AB #14,370 - CITY TREASURER’S REPORT ON CITY INVESTMENTS AS OF AUGUST
31, 1997.
Council accepted the City Treasurer’s report on the status of the City’s investment portfolio as of
August 31, 1997.
PUBLIC COMMENT:
Joshua Williamson, representing Boy Scout Troop 716, 4791 Gateshead Road, Carlsbad, made a
presentation to the City Council regarding a conservation project that his troop conducted during the
months of August and September. Mr. Williamson summarized his report with the following
recommendations: (1) the beach area needs to be patrolled once lifeguards are off duty in order to help
prevent ground fires from being started; and (2) ordinances regarding beach restrictions need to be
posted at the stair entrance and along the beach in order to obtain compliance among beach users.
PUBLIC HEARINGS:
113 17. AB #14,371 - APPEAL OF SDP 97-1ICDP 97-14, AVIARA PLANNING AREA 28, BELLA
LAGO.
Mayor Lewis opened the duly noticed Public Hearing at 6:32 p.m., and issued the invitation to speak.
Dale Gleed, representing Brookfield Homes, 12865 Point Del Mar, Del Mar, stated that the Planning
Commission’s action was consistent with the General Plan, Aviara Master Plan, and the Coastal
Commission’s criteria which allowed for the placement of two-story homes on certain lots within the site
for the development of Planning Area 28. Mr. Gleed displayed two transparencies that illustrated their
compliance with the criteria and the location of the two-story homes. He also mentioned that it had been
agreed upon to re-plot Lot 44 as a single-story home, which would open an additional view corridor for
those homes located north of Batiquitos Drive. Mr. Gleed requested that the Council uphold the
Planning Commission’s approval and deny the appeal.
John Greulich read a letter from RaOme Mikuta, 13 19 Savannah Lane, Carlsbad (a copy of which is on
file in the City Clerk’s Office) in opposition to two-story homes on Lots 1,3 and 45.
John Greulich, 1327 Savannah Lane, Carlsbad, stated that the purpose of the appeal was to seek
appropriate development of this property along Batiquitos Drive. Mr. Greulich requested that Council
only allow single-story homes to be built along Batiquitos Drive or that they postpone their decision for
thirty (30) to sixty (60) days until some resolution can be made for the residents of Savannah Lane. He
further stated they have a written proposal fiom Brookfield dated September 4, 1997, in which they state
they would build two-story homes on Lots 3 and 46 if the homeowners would support their application to
build a two-story on Lots 60 and 62. Mr. Greulich stated they would not support two-story homes on
those lots either.
October 7, 1997 0 CITY COUNCIL a Page 5
PUBLIC HEARINGS (continued):
Frank Lubich, 1323 Savannah Lane, Carlsbad, stated that he lives directly behind Lot 3 off of Batiquitos
Drive and is in opposition to the plan. He further stated that he had been told several times by the sales
representatives that there would only be single-story homes built in this area and that his view would not
be jeopardized in any manner.
Mark Steele, 13 1 1 Savannah Lane, Carlsbad, voiced his opposition to the plan and also mentioned that
he too had been told that only single-story homes would be built. Mr. Steele stated that these are the
same builders that built his home and assured them that only single-story homes would be built in this
area.
Lynn Young, 1331 Savannah Lane, Carlsbad, stated that Lot 3 proposes a significant problem for them
since it will block all of their views to the lagoon and ocean. She informed the Council that they had also
been told that only single-story units would be built in this area.
Leonard Berg, 1335 Savannah Lane, Carlsbad, stated that he lives north of Lot 1 and is in opposition to
the plan. Mr. Berg stated that he and his neighbors had all paid premium prices for their homes to ensure
that there would be a view of the lagoon and ocean. However, these views will be impacted with the
construction of the two-story units. Mr. Berg requested that Council postpone this project until
something can be worked out with the residents.
Mr. Gleed, in response to the Public Testimony, stated that negotiations have been ongoing for the last
45 days with the residents and there would be nothing gained by postponing tonight’s action. Mr. Gleed
concluded by requesting that the Council uphold the Planning Commission’s decision to allow three (3)
two-story homes along Batiquitos Drive to be built.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7: 10 p.m.
Mike Grimm, Planning Department, explained the process and approvals which would be required in
order to build a two-story home on any lot which was designated for a one-story home. In addition, staff
cited the reasons that Lots 59, 60, 61, 62 and 63 had been intentionally designated for single-story
homes.
Mr. Grimm then referenced the appeal form and the thirteen (13) reasons cited for the appeal, and
responded as follows:
1. There was consideration of the request by the Planning Commission, and the developer agreed to
delete the two-story home on Lot 44.
2. The Rosalena builder had requested the continuance to work it out.
3. Private view preservation is a civil matter.
4. It is an open space corridor; but because of the topography, some areas of the view will be lost.
All homes are 35 feet away from the right-of-way.
5. This is still the most restricted area in Aviara and it still qualifies as a low-lying community.
6. The requirements were amended during the public hearing process.
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PUBLIC HEARINGS (continued):
7. This was an administrative change reflecting the new method of measuring building height.
8. A revised sound study would not change the requirements.
9. Development is less intense than stated in the original EIR and mitigation measures have been
added.
10. Findings can be made allowing two-story homes.
11. This has been resolved. Coastal Commission has approved the parking lot. There is a deed
disclosure required notifying property owners of the trail. In addition, the trail and parking lot
will be constructed prior to occupancy of any of the units.
12. Coastal Commission has approved all of the local actions.
13. Developer is enriching the landscaping.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-621, denying the appellant’s appeal and upholding the Planning
Commission’s approval of a Site Development Plan (SDP 97-01) and Coastal
Development Permit (CDP 97-14) to construct 61 single family homes within
the Bella Lago - Aviara Planning Area 28 on property generally located on the
south side of Batiquitos Drive and Melodia Terrace in Local Facilities
Management Zone 19.
AYES : Lewis, Finnila, Nygaard, Kulchin, Hall
RECESS:
Mayor Lewis declared a recess at 7:38 p.m. and Council reconvened at 7:46 p.m., .with all Council
Members present.
105 18. AB #372 - 1996-97 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT PROGRAM.
Mayor Lewis opened the duly noticed Public Hearing at 7:51 p.m., and issued the invitation to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 751 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
the Community Development Block Grant Program to the US. Department of
Housing and Urban Development.
-7 97-622 approving the submittal of the 1996-97 Grantee Performance Report for
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
0 October 7, 1997 CITY COUNCIL e Page 7
CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 754 p.m., and reconvened
at 755 p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
70 19. AB #14,373 - REPORT ON THE NAVY HOMEPORTING BEACH REPLENISHMENT
PROGRAM.
Steve Sachs of SANDAG, stated that the Navy has stopped all dredging since munitions were found.
Mr. Sachs mentioned that the Navy and SANDAG were in the process of addressing public safety
concerns. The Navy is continuing to screen and sweep the sand as well as sending divers out to near
shore deposits to inspect the sand for ordinance. Discussions are currently taking place in Washington
and San Diego to determine if the dredging should be continued.
Project Manager John Coon of the southwestern Division Naval Facilities Engineering Command, gave
a brief overview of the construction activity that will be happening regarding homeporting and the beach
deposition that will be taking place on some of the North County beaches. Mr. Coon also discussed the
types of munitions that have been found and what steps the Navy is currently taking to ensure public
safety as well as the safety of their contractor.
Council received the report and took no action.
97 20. AB #14.374 - APPROVAL. OF AN AGREEMENT WITH CARLSBAD RANCH COMPANY,
45 L.P. TO PAY FAIR SHARE COSTS AND FOR REIMBURSEMENT OF COSTS FOR IMPROVEMENTS TO CANNON ROAD WEST, PROJECT NO. 3 184.
David Meyer, Project Manager for Carlsbad Ranch, 5600 Avenida Encinas, Suite 100, Carlsbad, stated
he was available if anyone had questions.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-623, approving the Petition, Waiver, and Consent to Creation of a Facility
Impact Fee Program and Agreement to Pay Fair Share Cost of Cannon Road
West and Agreement for Reimbursement of Costs for the construction of
improvements for Cannon Road West.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
October 7, 1997 0 CITY COUNCIL 0 Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
68 21. AB #14,375 - SUPPORT FOR FORMATION OF A SAN DIEGO COUNTY LIBRARY
AUTHORITY.
Mayor Pro Tem Finnila stated the inclusion of law libraries has merit. The number of people who use
the regional law libraries is much higher than expected. People today need more legal expertise in order
to solve some of the problems that come into their lives. The money that was proposed for 1996 was
$366.7 million and $412 million was proposed for 1997. Of that, only 5 percent would be used towards
the regional public law libraries.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-624, supporting the creation of the San Diego Board of Supervisors of a San
Diego County Library Authority for the purpose of placing a one-quarter cent
sales tax measure on the June 2, 1998 primary election ballot, with the
modification of Section 3 as follows: “3. 3a-t tE,z City Cm
+hm T .
Y.”
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
ACTION: Mayor Pro Tem Finnila made a motion that the San Diego County Public Law
Libraries appropriation of 5.675 percent be included in the San Diego Board of
Supervisors one-quarter-cent sales tax measure on the June 2, 1998 primary
election ballot. The motion died for lack of a second.
ACTION: On motion by Council Member Kulchin, Council amended RESOLUTION NO.
97-624 to include Section 3 as follows: “3. That the City Council does not
support inclusion of the San Diego County Law Library in the Library Authority
or in the proposed sales tax measure.”
AYES: Lewis, Nygaard, Kulchin, Hall
NOES: Finnila
69 22. AB #14,376 - APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-625,
reappointing Julie Baker to the Parks and Recreation Commission; and
RESOLUTION NO. 97-626, reappointing Gary Cox to the Parks and
Recreation Commission.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
0 October 7, 1997 CITY COUNCIL e Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
28 23. AB #14.377 - APPOJNTMENTS TO THE HISTORIC PRESERVATION COMMISSION.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-627,
appointing Don Christiansen to the Historic Preservation Commission; and
RESOLUTION NO. 97-628, appointing Connie Trejo to the Historic
Preservation Commission.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
28 24. AB #14,378 - APPOINTMENT TO THE SERRA COOPERATIVE LIBRARY SYSTEM
ADVISORY BOARD.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-629,
appointing Ann L’Heureux to the Serra Cooperative Library System Advisory
Board.
AYES : Lewis, Finnila, Nygaard, Kulchin, Hall
Council Member Kulchin left the meeting at 8:42 p.m.
COUNCIL REPORTS AND COMMENTS:
Council Members reported on the activities and meetings of some committees and sub-committees of
which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT.
By proper motion, the Regular Meeting of October 7, 1997, was adjourned at 8:47 p.m.
Respectfully submitted,
ALETHA &/R* L. RAUTENKRANZ
City Clerk I
Sherrie D. Worrell
Deputy City Clerk