HomeMy WebLinkAbout1998-02-10; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 10,1998
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:Ol p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tern Finnila, Mayor Lewis
APPROVAL OF MI1WTES:
On motion by Mayor Pro Tern Finnila, the Minutes of the Regular Meeting held January 27, 1998 were
unanimously approved as presented.
CONSENT CALENDAR:
On motion by Mayor Pro Tern Finnila, Council affirmed the actions of the Consent Calendar, Items #1-5,
as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14,545 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s investment
portfolio as of December 3 1, 1997; and
Adopted RESOLUTION NO. 98-29, approving the disbursement of $19,110.56 to the San Diego
County Investment Pool.
2. AB #14.546 - AWARD OF BID FOR PURCHASE OF CITY VEHICLES.
Council adopted RESOLUTION NO. 98-30, accepting a bid in the amount of $137,908.36 and
authorizing the purchase of eight 1998 Ford Taurus Sedans from Vince Dixon Ford, Inc.
3. AB #14.547 - APPROVAL OF FUNDS FOR LEGAL SERVICES FOR HABITAT
MANAGEMENT PLAN.
Council adopted RESOLUTION NO. 98-31, approving the transfer of $30,000 from the General
Fund reserve account to pay for legal services regarding the drafting and implementation of the
City’s Habitat Management Plan.
CITY COUNCIL . February 10,1998 Page 2 a
CONSENT CALENDAR (continued)
4. AB #14,553 - APPROVAL OF AGREEMENT FOR ENGINEERING SERVICES FOR THE
SOUTH AGUA HEDIONDA INTERCEPTOR PHASE I, CMWD PROJECT NO. 92-406,35821.
Council adopted RESOLUTION NO. 98-36, approving an agreement with Daniel Boyle
Engineering, Inc., to provide engineering services on South Agua Hedionda Interceptor Phase I,
CMWD Project No. 92-406,35821.
5. AB #14,554 - APPROVAL, OF AGREEMENT FOR ENGINEERING SERVICES FOR REACH
SAH1. SAH2 AND SAHT3B OF THE SOUTH AGUA HEDIONDA INTERCEPTOR SEWER,
CMWD PROJECT NO. 92-406.35821.
Council adopted RESOLUTION NO. 98-37, approving an agreement with O’Day Consultants to
provide engineering services on Reach SAH1, SAH2, and SAHT3B of the South Agua Hedionda
Interceptor Sewer, CMWD Project No. 92-406, 35821.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following event:
Eileen Olson’s 25” Anniversary Valentine Event, Wednesday, February 11, 1998, 5:OO - 9:00
p.m., at the Beach View Lodge, 3 180 Carlsbad Blvd., Carlsbad.
PUBLIC COMMENT:
Michael Miller, 2303 Ocean Street #4, Carlsbad, spoke about his goals for the future and stated that
Council had his support.
PUBLIC HEAFUNGS:
6. AB #14,548 - SDP 94-4(B) - SEAPOINTE RESORT EXPANSION.
Mayor Lewis opened the duly noticed Public Hearing at 6:06 p.m., and issued the invitation to speak.
Bill Hofman, Hofman Associates, 2386 Faraday Avenue Suite 120, Carlsbad, representing the applicant,
stated he was available to answer questions.
Tim Stripe, 5050 Avenida Encinas, Carlsbad, applicant, addressed Council, and in response to query,
explained that the “Travel Plan” gives a potential buyer a one time, one use stay at the property with an
option to purchase a full timeshare option.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 6: 12 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-
height up to 42 feet including architectural projections for construction of a 17
unit timesharehotel expansion on property generally located at the northeast
comer of Island Way and Surfside Lane in Local Facilities Management Zone 22.
- 32, approving Site Development Plan SDP 94-04(B) to allow additional building
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
’ February 10,1998 CITY COUNCIL 0 Page 3
PUBLIC HEARINGS (continued):
7. AB #14,549 - SDP 97-19/CDP 97-40 - PALOMAR BEACH RESORT.
Mayor Lewis opened the duly noticed Public Hearing at 6: 17 p.m., and issued the invitation to speak.
Bill Canepa, 13366 Keegan Place, San Diego, applicant, addressed Council. He stated the Hilton Hotel
has been chosen to be the franchisee holder of this property, and he has worked closely with the residents
of the Solamar Mobile Estates Homeowners Association to address their concerns. He requested approval
of the project.
Chuck French, 6532 Ocean View Drive, Carlsbad, Chairman of a committee representing the Solamar
Homeowners Association, stated that his committee has met with Mr. Canepa and City staff on several
occasions. Mr. French stated the Homeowners Association is in support of the project and urged the
Council to approve the project. He stated their concern about loss of foot traffic access to Palomar
Airport Road had been resolved since Mr. Canepa has agreed that they may still have foot traffic access
across his property.
Greg Francios, Director of Franchise Development for Hilton Hotels Corporation, 9336 Civic Center
Drive, Beverly Hills, praised the design and location of this hotel and voiced concurrence with the staff
report. He stated they were looking forward to opening the hotel, becoming a part of the community and
urged Council to approve the project.
Bill Canepa, 13366 Keegan Place, San Diego, in response to Council query, stated that grading is
estimated to begin at the end of June, with the possible issuance of a building permit in July. They
estimate the hotel to be open in April 1999, prior to Lego opening.
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. 98-
33, approving a Negative Declaration, Site Development Plan SDP 97-19, and
Coastal Development Permit CDP 97-40 for the Palomar Beach Resort Hotel
Project with the amendment of Condition #24 in Planning Commission
Resolution No. 4220, to read as follows:
“The owner shall enter into a lien contract for the future public
improvement of Palomar Airport Road (PAR) and Carlsbad Boulevard
along the project frontage for half street improvements to major arterial
standards. Except for developing fair share participation in any
applicable fee program for Palomar Airport Bridge, the developer is not
required to improve the PAR bridge and cost estimates for the PAR
bridge shall not be included in the future improvement agreement (FIA).
Public improvements shall include, but not be limited to, paving, base,
sidewalks, curbs and gutter, medians, grading, clearing and grubbing,
under-grounding or relocation of utilities, sewer, water, fire hydrants,
street lights and retaining walls.”
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
ADJOURNMENT TO HOUSING AND REDEVELOPMENT COMMISSION MEETING.
Council adjourned to the Housing and Redevelopment Commission Meeting at 6:34 p.m., and Council
reconvened at 7:05 p.m., with all Council Members present.
. February 10,1998 CITY COUNCIL 0 Page 4
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING.
Council adjourned to the Carlsbad Municipal Water District Meeting at 7:11 p.m., and Council
reconvened at 7: 12 p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #14,550 - SUPPORT OF DESIGNATION OF TRANSIT DEVELOPMENT BOARD
MEMBERS AS EX-OFFICIO MEMBERS TO THE SANDAG BOARD AND
TRANSPORTATION SUBCOMMIlTEE.
This item was withdrawn fiom the agenda at the request of Council Member Nygaard.
9. AB #14.555 - REGULATIONS REGARDING DISTRIBUTION OF GASOLINE AND
OPERATION OF GASOLINE SERVICE STATIONS.
City Attorney Ron Ball gave the staff report as contained in the Agenda Bill.
Charles Langley, 2001 Coast Highway, Oceanside, Manager of U-CAN Gas Project, stated they had been
tracking the gas prices in Los Angeles and San Diego County on a weekly basis over the past fourteen
months. The study showed there is not a free market in San Diego County, which could be restored by
divorcing the gas companies as well as restoring the fair market. Mr. Langley urged the Council to adopt
the proposed ordinance.
Duane Bernard, 1529 Vanessa Circle, Encinitas, UNOCAL Dealer, stated there is no reasonable
explanation for the price disparity other than the anti-competitive forces higher in San Diego than Los
Angeles. Prices have started going down; however, on average there is about a fifteen cent difference
between wholesale and retail in San Diego and Los Angeles. According to the California Energy
Commission in Los Angeles, less than ten percent of the stations are company operated. One-third of the
major brand stations in San Diego County are not company operated. Mr. Bernard explained that in order
for the County ordinance to work the following components must take effect: (1) divorcement; (2)
elimination of the zone price; and (3) elimination of branded open supply. Mr. Bernard urged the Council
to adopt the proposed ordinance.
Council Member Hall stated that this almost consists of an anti-trust issue that needs to be dealt with at a
higher level. If this is a goal of the City, it needs to be taken to the state level and made one of Council’s
top three legislative goals. Mr. Hall stated he could not support this ordinance at the present time.
Council Member Kulchin stated she was in favor of the proposed ordinance with an operative date after
the County receives a final judgment that it’s ordinance is valid.
Council Member Nygaard stated that she also views this as an anti-trust issue and cannot support the
ordinance at this time. Ms. Nygaard stated that either the state law needs to be changed or the cities and
county have to be more forceful in collectively going after the Interstate Trade Commission.
Mayor Pro Tem Finnila stated this issue didn’t result because of the pricing, but more as a form of
political posturing. She stated the issue should be dealt with in the courts and she could not support the
ordinance.
1 February 10,1998 CITY COUNCIL 0 Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS (continued)
AB #14.555 (continued)
Mayor Lewis stated he was in favor of the proposed ordinance and felt it would be in the best interest of
the City.
ACTION: On motion by Mayor Pro Tem Finnila, Council determined they would file the
matter and not adopt an ordinance relating to the regulation of gasoline
distribution and gasoline service stations.
AYES: , Finnila, Nygaard, Hall
NOES: Lewis, Kulchin
10. AB #14.551 - AWARD OF CONTRACT FOR LA COSTA AVENUE WIDENING, PROJECT
NO. 3215.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 35, accepting bids and awarding a contract for the construction of La Costa
Avenue Widening, Project No. 3215, to C.A. Rasmussen, Inc., in the amount of
$6,624,624,75.
AYES: Lewis, Finnila, Nygaard, Kulchin Hall
11. AB #14.556 - UPDATE ON HABITAT MANAGEMENT PLAN.
Planning Director Michael Holzmiller gave an update on the Habitat Management Plan as a result of a
recent meeting with the Wildlife Agencies. He noted the key issues are: (1) Acceptability of conservation
guidelineslstandards; (2) Disposition of public lands; (3) Preserve management; (4) Regulatory
mechanisms; and (5) Financing. He then overviewed the status of the project and tentative time frame for
processing the plan.
RECESS:
Mayor Lewis declared a recess at 8:33 p.m., and Council reconvened at 8:38 p.m., with all Council
Members present.
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DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
12. AB #14.552 - RANCHO CARRILLO AFFORDABLE HOUSING AGREEMENT,
Housing and Redevelopment Director Debbie Fountain gave the staff report as contained in the Agenda
Bill
Chris Chambers, Continental Homes, 12636 High Bluff Drive, Suite 300, San Diego, gave a history of the
project to date. He stated his proposal is not piece meal. Continental Homes is the first to develop a
Master Plan under the City’s housing ordinance, and the issue is their desire to have the ability to continue
with the land development process.
Community Development Director Marty Orenyak stated this issue is strictly related to getting the final
maps. Staffs concern is the issuance of final maps on an affordable housing project that has not yet been
seen or identified. Another concern is with the second dwelling units. As the City moves towards self-
certification there is the possibility that these type of dwellings will not allowed. Staff believes that the
Housing Commission and Council should want to see what the product will look like prior to the final
map being issued. Mr. Orenyak said that an impasse has been reached between staff and the developer
with the issue of phasing and essentially not knowing what will happen with Village B, therefore direction
is requested from the Council.
Public Works Director Lloyd Hubbs stated that the developer can proceed with the roads and
infrastructure before the final map is filed. There is a certain amount of risk that the developer takes in
doing that work, but it can be done and, the developer is already performing that type of work in Village
Q.
City Manager Patchett stated that staff needs Council to determine the level of clarity and specificity that
the City wants with this affordable housing project. Mr. Chambers had the option to process the second
phase at the same time he processed the first phase, however he chose not to do that.
Mayor Pro Tem Finnila stated that there are a number of issues that are close to being agreed upon and
she recommended that staff meet with the developer within the next week to see if an agreement could be
reached.
Debbie Fountain, Housing and Redevelopment Director, stated the disagreement with the developer is a
basic policy issue. Final maps can only be obtained on Phase I where there is a Site Development Plan for
the project. The developer wants the ability to final maps on all 1,800 units with a Site Development Plan
on only Phase I.
Council Member Nygaard stated that the Council should not change the policy for this one developer.
The City’s policy is clear and concise and needs to remain that way.
Council Member Hall stated that this is the first Master Plan that has provided everything on-site and the
City should work with the developer.
’ . February 10,1998 * CITY COUNCIL a Page 7
AI3 #14,552 (continued):
Council Member Kulchin stated that the land development can continue without the final maps, therefore
the City should stay with it’s policy.
ACTION: Council Member Hall made a motion that staff work with the developer in an
attempt to reach a consensus on the issues addressed.
AYES: Finnila, Hall
NOES: Lewis, Nygaard, Kulchin
ACTION: On motion by Council Member Nygaard, Council directed staff to process the
City’s Affordable Housing Agreement in accordance with existing policies and
procedures.
AYES: Lewis, Finnila, Nygaard, Kulchin
NOES: Hall
COUNCIL REPORTS AND COMMENTS:
Council Member Kulchin left the meeting at 9:35 p.m.
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 February 10, 1998, was adjourned at 9:40 p.m.
Respectfully submitted,
b 64.
ALETHA L. RAUTENKRANZ
City Clerk
Sherrie D. Worrell
Deputy City Clerk