HomeMy WebLinkAbout1997-10-21; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 21,1997
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 Reverend Douglas Kelly, Christ Presbyterian Church.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
League of California Cities General Membership Meeting, to be held Thursday, October 23,
1997 at 6:OO p.m., at the La Costa Resort and Spa, Costa Del Mar Road, Carlsbad.
Red Ribbon Kick-Off Ceremony, to be held Monday, October 27, 1997 at 7:30 a.m., at Carlsbad
High School, 3557 Monroe, Carlsbad.
Karlovy Vary Sister City Luncheon, to be held Tuesday, October 28, 1997 at 12:30 p.m., at
Neiman’s Restaurant, 300 Carlsbad Village Drive, Carlsbad.
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 23, 1997
Minutes of the Special Meeting held on October 7, 1997
Minutes of the Regular Meeting held on October 7, 1997
PRESENTATIONS:
Mayor Lewis presented a proclamation to Marva Bledsoe, Executive Director of the Women’s Resource
Center, proclaiming the month of October to be Domestic Violence Awareness Month.
Mayor Lewis presented a Certificate of Recognition to Marin Tennerstet for her participation in the
Junior Surfing Cultural Exchange Program.
October 21, 1997 0 CITY COUNCIL 0 Page 2
CONSENT CALENDAR:
Items #1, #2, #5 and #12 were removed from the Consent Calendar.
On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1
through #12, with the exception of Items #1, #2, #5 and #12, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
81 1. AB #14,381- ACCEPTANCE OF A DONATION.
This item was removed from the Consent Calendar.
23 2. AB #14,383 - ACCEPTANCE OF A STATE/LOCAL PARTNERSHIP GRANT.
This item was removed from the Consent Calendar.
105 3.
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106 4.
63 5-
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41 6.
70 7.
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AB #14,384 - APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 97-634, approving Subrecipient Agreements with Join
Hands Save a Live and with Catholic Charities for the City of Carlsbad’s 1997-98 Federal
Community Development Block Grant Program.
AB #14.385 - APPROVAL OF DATE FOR CONNECTION TO UNDERGROUND UTILITY
DISTRICT NO. 16.
Council adopted RESOLUTION NO. 97-635, setting November 14, 1997 as the date by which
owners must be ready to connect to underground electric system in Underground Utility District
No. 16, which is designated on portions of Monroe Street and Chestnut Avenue.
AB #14,386 - REJECTION OF BIDS AND AUTHORIZATION TO RE-ADVERTISE FOR
NEW BIDS FOR CONSTRUCTION OF THE CARLSBAD CITY LIBRARY PROJECT NO.
32441.
This item was removed from the Consent Calendar.
AB #14.388 - APPROVAL OF SETTLEMENT OF THE C.W. MCGRATH. INC. V. CITY
LAWSUIT. CASE NO. N72265.
Council adopted RESOLUTION NO. 97-639, authorizing the expenditure of funds for
settlement of the lawsuit entitled C.W. McGrath. Inc.. v. City of Carlsbad, Case No. N72265.
AB #14.389 - ACCEPTANCE OF IMPROVEMENTS TO THE COMMUNITY SWIM
COMPLEX PARKING LOT. PROJECT NO. 35 12.
Council adopted RESOLUTION NO. 97-640, accepting the improvement of the Community
Swim Complex Parking Lot Project No. 3512.
October 21, 1997 0 CITY COUNCIL 0 Page 3
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93
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105
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99
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CONSENT CALENDAR (continued):
8. AB #14.390 - APPROVAL OF INDEMNITY AGREEMENT WITH NORTH COUNTY
TRANSIT DISTRICT W.C.T.D.), CMWD PROJECT NO. 9 1-403.
Council adopted RESOLUTION NO. 97-641, for approval and authorization to sign the
Monitoring Wells Indemnity Agreement with the North County Transit District, as part of the
Vista/Carlsbad Interceptor Sewer Project, CMWD Project No. 9 1-403.
9. AB #14,391 - APPROVAL OF REIMBURSEMENT AGREEMENT WITH LEUCADIA
COUNTY WATER DISTRICT FOR INSTALLATION OF A SEWER LINE UNDER LA
COSTA AVENUE. PROJECT NO. 3215.
Council adopted RESOLUTION NO. 97-646, approving an agreement with Leucadia County
Water District for the installation of a sewer main as part of the La Costa Avenue widening,
Project No. 3215.
10. AB #14,392 - APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 97-642, approving Subrecipient Agreements with Lifeline
Community Services and with Community Care for Adults for the City of Carlsbad’s 1997-98
Federal community Development Block Grant Program.
11. AI3 #14,393 - APPROVAL OF AGREEMENT TO RELOCATE A TRANSMISSION LINE
STRUCTURE LOCATED ON CANNON ROAD WEST RIGHT-OF-WAY, PROJECT NO.
3184.
Council adopted RESOLUTION NO. 97-643, approving an agreement with San Diego Gas and
Electric Company for the relocation of transmission lines within the Cannon Road West Right-
Of-Way, Project No. 3184.
12. AB #14.387 - APPROVAL OF SETTLEMENT OF THE CITY V. BONS LAWSUIT, CASE NO.
N75877-1, REGARDING THE POINSETTIA HILL DEVELOPMENT - CT 93-3.
This item was removed from the consent calendar.
13. NUMBER NOT USED.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. AB #14,3 8 1 - ACCEPTANCE OF A DONATION.
Craig Munson, representing the Carlsbad Arts Association Board, presented the Mayor with a
check in the amount of $10,500 from the Carlsbad Arts Associates in support of the Arts Office’s
TGIF Jazz in the Parks concert series.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-632, accepting a donation from the Carlsbad Arts Associates.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
October 2 1, 1997 0 CITY COUNCIL 0 Page 4
ITEMS REMOVED FROM CONSENT CALENDAR (continued):
23 2. AB #14,383 - ACCEPTANCE OF A STATELOCAL PARTNERSHIP GRANT.
Connie Beardsley, Arts Office Manager, provided an overview of the sculpture garden that
would be built with the money from the grant.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-633, accepting a California Arts Council grant and appropriation of funds.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
63 5. AB #14,386 - REJECTION OF BIDS AND AUTHORIZATION TO RE-ADVERTISE FOR
45 NEW BIDS FOR CONSTRUCTION OF THE CARLSBAD CITY LIBRARY PROJECT NO.
32441.
Nizar Katbi, President of FTR International Inc., 5 Park Plaza, Irvine, stated that his company
submitted the lowest bid for the project and therefore should be awarded the bid. Mr. Katbi
stated that a bid protest was filed by Taylor-Ball claiming that FTR did not list all of the
subcontractors that would be used for the job. Mr. Katbi stated that his company utilizes local
union workers without using subcontractors. Mr. Katbi offered to have his legal counsel defend
the City for any litigation filed by Taylor-Ball.
Bradley Raisin, Attorney representing FTR International, 12304 Santa Monica Blvd., #215, Los
Angeles, spoke in opposition to staffs recommendation. Mr. Raisin stated he had received a
letter from the San Diego Chapter of the Associated General Contractors of America
withdrawing their support of the bid protest by Taylor-Ball. Mr. Raisin reiterated Mr. Katbi's
offer to defend the City if litigation was filed by Taylor-Ball. He stated that a letter would be
sent to the City offering indemnification.
Art Lujan, Business Manager representing San Diego Building and Construction Trades Council,
3909 Centre Street #212, $an Diego, urged Council to reject staffs recommendation and award
the bid to FTR International.
Jerry Haft, Business Agent representing the Operative Plasterers and Cement Masons
International Association Local #200, 3909 Centre Street, Suite 102, San Diego, spoke on behalf
of FTR International and their long standing association with the union. Mr. Haft stated that Mr.
Katbi has a very good reputation of working with the unions and using the local trades. Mr. Haft
urged Council to award the bid to FTR International.
Mike Magallanes, District Representative of the Carpenters Union, 8595 Mira Lani Drive, San
Diego, spoke in favor of FTR International being awarded the bid and urged Council not to re-
bid the project.
Tony Hernandez, 3820 Polly Lane, Carlsbad, spoke in opposition to staff's recommendation.
Mr. Hernandez stated that FTR International does hire trained, qualified carpenters, among other
trades. He stated that he has not worked with FTR International but is aware of their reputation
and use of local trades.
October 21, 1997 a CITY COUNCIL 0 Page 5
ITEM REMOVED FROM THE CONSENT CALENDAR (continued>:
63 5. AB #14, 386 - REJECTION OF BIDS AND AUTHORJZATION TO RE-ADVERTISE FOR
45 NEW BIDS FOR CONSTRUCTION OF THE CARLSBAD CITY LIBRARY PROJECT NO. 32441 .(Continued action)
ACTION: On motion by Mayor Pro Tem Finnila, Council continued this item for one
week, and directed staff to inquire of Taylor-Ball as to their intentions,
investigate the offer of indemnification from FTR International and the letter of
withdrawal from the San Diego Chapter of the Associated General Contractors
of America.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
99 12. AB #14,387 - APPROVAL OF SETTLEMENT OF THE CITY V. BONS LAWSUIT, CASE NO.
20 N75877-1. REGARDING THE POINSETTIA HILL DEVELOPMENT - CT 93-3.
The item was withdrawn from the agenda as requested by the City Attorney.
PUBLIC COMMENT:
Michele Lobl, Manager of the North County Career Center, 53 15 Avenida Encinas, Carlsbad, provided
the Council with an overview of services that is available to the public and those employers who are
looking to fill positions. A few of the services available include career assessments and counseling,
labor market information, a resource library, computer classes, referral retraining programs, job
assistance workshops and financial counseling.
James Swab, 3640 Adams Street, Carlsbad, stated that he had observed city employees doing routine
maintenance work on private property adjacent to, or in the backyards of the 3400 block of Spanish Way.
Mr. Swab requested this be thoroughly investigated and satisfactorily resolved since it is a misuse of city
resources.
PUBLIC HEARINGS:
113 14. AB #14,394 - RANCHO CARRILLO MASTER PLAN AMENDMENT - MP 139(F)/GPA 96-5
57 AND MASTER EIR 93-1 ADDENDUM.
Mayor Lewis opened the duly noticed Public Hearing at 7: 11 p.m., and issued the invitation to speak.
Chris Chambers, representing Continental Homes, 12636 High Bluff Drive, San Diego, stated that his
organization is now the sole owner of the entire property. Mr. Chambers stated that most of the
infrastructure for the project has been completed and Melrose should be completed around the first of the
year. This in turn will give access for the construction of Carrillo Park and ultimately the use and
enjoyment of the park by those who wish to avail themselves of its use. It is estimated that Phase I,
including the affordable housing area, will be open by Summer of 1998.
0 October 2 1, 1997 CITY COUNCIL 0 Page 6
PUBLIC HEARINGS (continued):
113 14. AB #14,394 - RANCHO CARRILLO MASTER PLAN AMENDMENT - MP 139(F)/GPA 96-5
57 AND MASTER EIR 93-1 ADDENDUM. (Continued action)
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:21 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO.
NS-425 amending a Master Plan Amendment (MP 139 (F)), on approximately
690 acres of land located south of Palomar Airport Road, north of Local
Facilities Management Zone 6, west of the eastern city boundary, and east of
Bressi Ranch property (Local Facilities Management Zone 17), in Local
Facilities Management Zone 18; and,
Adopted RESOLUTION NO. 97-645 approving a Master Plan Amendment
(MP 139(F)), General Plan Amendment (GPA 96-05) and Addendum to Master
Environmental Impact Report EIR 93-01 for the Rancho Carrillo Master Plan for
property generally located south of Palomar Airport Road, north of Local
Facilities Management Zone 6, east of Bressi Ranch, and west of the eastern city
limits.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
77 15. AB #14,395 - BOUNDARY ADJUSTMENT FOR THE PALMER WAY INDUSTRIAL PARK
PROJECT - LFMP 87-5(D) AND LFMP 15(A).
Mayor Lewis opened the duly noticed Public Hearing at 7:26 p.m., and issued the invitation to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:26 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-647, approving a Local Facilities Management Plan Amendment for Zones 5
and 15 which include the adjustment of the zone boundary between LFMP
Zones 5 and 15.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
113 16. AB #14,396 - PRICE COSTCO GASOLINE STATION SDP 90-05(CYCUP 90-3(A)/CDP 97-5.
43
Mayor Lewis opened the duly noticed Public Hearing at 7:42 p.m., and issued the invitation to speak.
Christopher Neals, Attorney representing Costco Wholesale Corporation, 501 W. Broadway, San Diego,
stated the project was in accordance with all of the conditions and requested approval of the project.
October 21, 1997 0 CITY COUNCIL 0 Page 7
PUBLIC HEARINGS (continued):
113 16. AI3 #14,396 - PRICE COSTCO GASOLINE STATION SDP 90-05(C)/CUP 90-3(A)/CDP 97-5.
43 (Continued action)
William Schwartz, Attorney representing Price Enterprises, 401 B Street, San Diego, stated they do not
oppose the approval of the gas station, however they have some concerns about the administrative
processing which has occurred on this application. Specifically, the issuance of Negative Declarations
under CEQA for both the gas station and the warehouse expansion, accepting the position that the traffic
impact on Palomar Airport Road will be non-existent. Mr. Schwartz stated that his client has been told
by staff that the Master EIR and the prior approvals for development of this site restricts their parcel to
5,000 square feet of retail space due to traffic generation issues. Mr. Schwartz said that Price
Enterprises would also request their project be processed with a Negative Declaration for traffic impacts
on Palomar Airport Road.
Mayor Pro Tem Finnila stated that a letter had been received from Jack McGrory, President and CEO of
Price Enterprises, dated October 17, 1997 (a copy of which is on file in the Clerk’s Office).
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 753 p.m.
Mayor Lewis stated he does not concur with staff. He stated his belief that the traffic will be severe by
the year 2000+.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
97-648, approving a Negative Declaration, Site Development Plan Amendment
No. SDP 90-05(C), Conditional Use Permit No. CUP 90-03(A), and Coastal
Development Permit 97-05 to construct and operate an automatic gasoline
station within the existing Costco parking lot on property generally located on
the south side of Palomar Airport Road between Armada Drive and Paseo del
Norte in Local Facilities Management Zone 5.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
RECESS:
Mayor Lewis declared a recess at 7:58 p.m., and Council reconvened at 8:08 p.m., with all Council
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
68 17. AB #14,382 - APPROVAL OF AN AGREEMENT WITH CARLSBAD CONVENTION AND
45 VISITORS BUREAU FOR COMMUNITY PROMOTION SERVICES.
Nancy Nayuda, Owner of Pelican Cove, 320 Walnut Avenue, Carlsbad, Chairperson of the Carlsbad
Convention and Visitors Bureau discussed the tourism industry within San Diego County and in
Carlsbad, as well as the TOT Revenues for the past three years. Ms. Nayuda stated the Bureau does not
just look to the City for financial support. The Bureau’s budget includes $40,000 each year fiom other
sources, which is primarily from hotels supporting the marketing programs. The Bureau also receives
support for in-kind services.
October 2 1, 1997 0 CITY COUNCIL 0 Page 8
DEPARTMENTAL, AND CITY MANAGER REPORTS (continued):
68 17. AB #14,382 - APPROVAL OF AN AGREEMENT WITH CARLSBAD CONVENTION AND
45 VISITORS BUREAU FOR COMMUNITY PROMOTION SERVICES. (Continued action)
Bill Parr, 3520 Sitio Baya, Carlsbad, Director of Sales and Marketing for La Costa Resort and Spa,
discussed the advertising program and the familiarization tourism program. Mr. Parr provided an
overview of the publications the Bureau currently advertises in, as well as those publications in other
countries that the Bureau would like to begin advertising in. Mr. Parr discussed the familiarization tours
that have been hosted this year.
Rick Smock, 2722 Inverness Drive, Carlsbad, General Manager of Best Western Beach Terrace Inn and
Best Western Beach View Lodge, spoke about two marketing programs, travel shows and promoting
special events. Mr. Smock stated that travel shows give the Bureau the opportunity to speak directly to
travel agents, tour operators and meeting planners who may be interested in sending their clients to
Carlsbad. They also allow the Bureau to interact with the general public who may be seekmg
information on where to spend their next vacation. Mr. Smock mentioned that the Bureau does attend
the largest travel trade show each year in Berlin, Germany and they would like to be able to attend the
World Travel Mart in London. Mr. Smock stated the Bureau also promotes several local major events.
A few of these include the San Diego Marathon and the Carlsbad 5000.
Rui Barros, 6998 Batiquitos, Carlsbad, General Manager of Ramada Inn Suites, discussed the Bureau’s
Web Page and the brochures they publish. Mr. Barros stated the Bureau prints 40,000 copies of the
Visitor’s Guide which is distributed at travel trade shows and through the mail to people inquiring about
Carlsbad. The Bureau also has a dining guide which is updated and printed every 9 months. Mr. Barros
also stated that the Bureau does have a small version of the Visitor’s Guide for the European market,
however they would like to have a small version of the guide in English also.
Steve Link, 1616 Avenida Guillemo, Oceanside, Executive Director of the Convention and Visitors
Bureau, referenced a letter dated October 1, 1997, which outlines the marketing programs the Bureau
would like to add to their program. Mr. Link gave a brief overview of each type of program and the
increases in funding that the Bureau is requesting.
Peder Norby, 2630 Valewood Avenue, Carlsbad, stated that he concurs with the staff report and agrees
that the Bureau needs to keep the same level of service; however with the increase in tourist needs there
is a need for increased resources. Mr. Norby stated the Bureau needs direction from Council regarding
the following items: (1) Preparation of a site survey for the location of an office either at the Legoland
Park Site or along the prime entry arterial, Cannon Road; and (2) Preparation and development of a
transportation system that ties in hotels, commercial areas and attractions that will take visitors out of
their cars and out of the neighborhoods. Mr. Norby requested that Council approve the agreement and
provide funding for the new programs outlined in the staff report.
Phyllis Hill, 23 15 Pi0 Pic0 Drive, Carlsbad, Director of the Oceanside Visitor and Tourism Center, stated
she was speaking on the behalf of the Carlsbad Convention and Visitors Bureau, Carlsbad Flower Fields,
Oceanside Visitor and Tourism Center, Encinitas Chamber of Commerce, Solana Beach Chamber of
Commerce and the North County Transit District. Ms. Hill requested the support of Council for the
Carlsbad Convention and Visitors Bureau’s co-op efforts to build a marketing campaign for the north
coastal cities of San Diego County. Ms. Hill asked for Council’s investment of $6,000 which will enable
their volunteer efforts to create 300,000 brochures and will include a distribution program. The mission
is to provide a non-conflicting, San DiegoNorth County Regional Tourism Marketing Package and to tie
the cities together with the use of the mass transit system. The brochure will be designed around
regional attractions and it will be used for state, national and international marketing as well as creating
an awareness of San Diego North County.
October 2 1, 1997 CITY COUNCIL 0 Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
68 17. AB #14,382 - APPROVAL OF AN AGREEMENT WITH CARLSBAD CONVENTION AND
45 VISITORS BUREAU FOR COMMUNITY PROMOTION SERVICES. (Continued action)
Joni Miringoff, 755 1 Esfera, Carlsbad, Marketing Director for the Carlsbad Flower Fields, stated she was
responsible for the group tours at the flower fields. Ms. Miringoff continued with the presentation
stating the estimated cost of printing the 300,000 brochures is $16,412; layout is estimated to be $640;
distribution is estimated at $12,948; which makes the total estimated cost $30,000. The following cities
and company have verbally committed to the program and the individual cost of $6,000: Oceanside,
Solana Beach, Encinitas and North County Transit District.
Cami Mattson, 6120 Paseo Del Norte, Suite M1, Carlsbad, Executive Director of the San Diego North
County Convention and Visitors Bureau, stated she wanted to encourage the City to keep an open door
for regional partnership that will maximize visitor spending and provide additional benefits to the City of
Carlsbad, such as the regional transit brochure just mentioned. Ms. Mattson added that the North County
Convention and Visitors Bureau would like future opportunities to share and offer value added and non-
duplicative programs to increase trackable tourism to Carlsbad.
Council discussion reflected support for providing the additional funding requested with the exception of
the requested $9,000 for updating the video. Also discussed was a desire for some method or criteria for
evaluating the results of the Bureau’s programs such as a format comparable to the California State
Department of Tourism Standards.
ACTION: On motion by Kulchin, Council adopted RESOLUTION NO. 97-649, as
amended, approving an agreement with the Carlsbad Convention and Visitors
Bureau (CCVB) appropriating $91,850 from the Contingency Account; with
directions to staff to revise the contract to include the expanded scope of services
and the provision for evaluation standards.
AYES: Lewis, Nygaard, Kulchin, Hall
NOES: Finnila
RECESS:
Mayor Lewis declared a recess at 9:18 p.m., and Council reconvened at 9:22 p.m., with all Council
Members present.
37 18. AB #14,397 - REPORT ON DISTRIBUTION ALTERNATIVES FOR COMMUNITY ACTIVITY FUNDS.
ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to establish a
separate fund using the $225,000 that is currently available for community
activities; and to budget $75,000 for the fund each year until a balance of
$500,000 is reached. During the accrual time, procedures will be developed and
a determination made by Council on the use of the monies at a future Council
workshop.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
October 21, 1997 0 CITY COUNCIL 0 Page 10
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 21, 1997, was adjourned at 9:40 p.m.
Respectfully submitted,
h &. tp&y
ALETHA L. RAUTENKRANZ
City Clerk
Sherrie D. Worrell
Deputy City Clerk