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HomeMy WebLinkAbout1998-02-17; City Council; Minutese 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 17,1998 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:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis LEGISLATIVE INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Finnila, the Minutes of the Regular Meeting held February 3, 1998 were unanimously approved as presented. PRESENTATION: Mayor Lewis presented plaques to the members of the Carlsbad Water Commission in recognition of their years of service. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: City Council Workshop, Wednesday, February 18, 1998, 7:30 a.m., at the Raintree Conference Facility, 755 Raintree Drive, Carlsbad. Carlsbad Chamber of Commerce Annual Installation of Officers, Friday, February 20, 1998, 6:30 p.m., at the La Costa Resort and Spa, Costa Del Mar Road, Carlsbad. CONSENT CALENDAR: Council Member Nygaard removed Item #2 from the Consent Calendar. On motion by Mayor Pro Tem Finnila, Council affirmed the actions of the Consent Calendar, Items #1-6, with the exception of Item #2, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. February 17,1998 0 CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continuedl 1. AB #14.557 - REOUEST TO DESTROY RECORDS. Council adopted RESOLUTION NO. 98-38, authorizing the destruction of certain records kept in the Community ServicesRecreation Division. 2. AB #14,558 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 3. AB #14.559 - APPROVAL OF AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES. Council adopted RESOLUTION NO. 98-40, ratifying the Animal Control Agreement between the City of Carlsbad and the County of San Diego. 4. AB #14.560 - APPROVAL OF THE CONVERSION OF ONE POSITION IN THE FINANCE DEPARTMENT. Council adopted RESOLUTION NO. 98-41, amending the 1997/98 Budget to convert the hnding of a Senior Management Analyst position to Senior Accountant in the Finance Department. 5. AB #14.561- APPROVAL OF CONTRACTS FOR TEMPORARY EMPLOYMENT AGENCY SERVICES. Council adopted RESOLUTION NO. 98-42, approving agreements with Manpower Temporary Services, Remedy Intelligent Staffing, The Eastridge Group, Thomas Staffing, and Volt Services Group, for temporary employment agency services. 6. AB #14.566 - APPROVAL OF CANNON ROAD WEST PERMIT REOUIREMENTS, PROJECT NO. 3 184. Council adopted RESOLUTION NO. 98-46, authorizing the City Manager, with City Attorney approval, to execute an Irrevocable Offer of Dedication (IOD) and a Deed Restriction as required by the condition of approval for Cannon Road West, Project No. 3 184. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. AB #14,558 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98-39, accepting a $1,000 donation from the San Diego Foundation Aviara Community Fund Committee for arts programs. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall PUBLIC COMMENT: There were no requests to address the Council. 0 February 17,1998 CITY COUNCIL 0 Page 3 PUBLIC HEARINGS: 7. AB #14,562 - LCPA 96-2(A)/LCPA 96-13(A)/MP 177rY) - AVIARA LOCAL COASTAL PROGRAM SUGGESTED MODIFICATIONS. This item was continued to the meeting of March 3, 1998. 8. AB #14,563 - ZCA 96-4LCPA 96-1 - HILLSIDE ORDINANCE AMENDMENT. Mayor Lewis opened the duly noticed Public Hearing at 6:59 p.m., and issued the invitation to speak. Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad, stated that he had concerns with two major areas, those being the definition of contour grading and building setbacks. Mr. Ladwig provided an exhibit to the Council depicting slope ratios and stated that an amendment should be made to the proposed ordinance which would set contour grading slope ratios at an average of 2: 1. Jerry Livingston, staff counsel for the Building Industry Association, 6336 Greenwich Drive, Suite A, San Diego, stated that the Association also has concerns with the contour grading. Mr. Livingston stated it was possible it would reduce the amount of land that could built on, and in some cases it will make for a more expensive project by reducing the amount of lots available. Another concern the Association has is with building setbacks. He stated that by increasing the setback requirements, the footprint becomes too small to build on at a reasonable price. Therefore, it would be difficult for smaller projects, Robert Payne, P.O. Box 3073, Carlsbad, stated that he did not receive notification of this amendment nor did Mrs. Yoder. Mr. Payne read a letter from Mrs. Inez Yoder, a copy of which is on file in the City Clerk’s Office, in opposition to relaxing the regulations. Mr. Payne stated that he foresees a great deal of conflict with the definition of wkiat a promihent visual feature is; what is a pristine habitat; what is degraded habitat; and what would be considered as visually pleasing. He further stated that this should not be put to the judgment of the various Commissions and the City Council until the public can have more time to review the documents. Delores Welty, 2076 Sheridan Road, Leucadia, stated that she was opposed to the City amending the Hillside Ordinance as it is currently very protective and allows adequate density. She stated that by weakening the ordinance, it will cause more siltation in Batiquitos Lagoon. Ms. Welty urged the Council to not make any changes to the current hillside ordinance. Carolyn Avalos, 605 ?4 Hygeia Avenue, Leucadia, stated that she had served on a task force in the City of Encinitas for a study relating to creeks and slopes in an effort to preserve the habitat and creek areas in Encinitas. Ms. Avalos stated that if the City of Carlsbad were to amend it’s current ordinance, the San Marcos Creek would be threatened by any loss of habitat on the slopes surrounding the creek and it would increase sedimentation into the lagoon. Jim Watson, 3283 Lincoln Street, Carlsbad, spoke in opposition to the proposed regulations which would allow for some development on downhill perimeter slopes. 0 February 17,1998 CITY COUNCIL 0 Page 4 0 February 17,1998 CITY COUNCIL 0 Page 5 RECESS: Mayor Lewis declared a recess at 7:52 p.m., and Council reconvened at 7:59 p.m., with all Council Members present. ADJOURNMENT TO HOUSING AND REDEVELOPMENT COMMISSION MEETING: Council adjourned to the Housing and Redevelopment Commission Meeting at 759 p.m., and Council reconvened at 8:OO p.m., with all Council Members present. ADJOURNMENT TO CARLSBAD MUNTCIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 8:OO p.m., and Council reconvened at 8:21 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #14,564 - REPORT REGARDING SPLIT PAVILION PUBLIC HEARINGS. Arts Director Connie Beardsley gave the staff report and a slide presentation providing a brief history of the Split Pavilion artwork. Jim Watson, 3283 Lincoln Street, Carlsbad, submitted copies of the postcards that were originally mailed to the City Council in 1991 containing comments from the public concerning the split pavilion art project. Mr. Watson stated that he was in favor of having the artwork taken down and inquired as to the legal aspects if a citizen was injured at this pavilion due to the bars that separate the cliff, road, and pool which do not comply with the current code and city standards. He further stated that the City needs to verify why this public art does not have to meet the same building codes and standards as other structures containing pools and railinghars. He urged Council to take action to remove the Split Pavilion. Don Christiansen, 3715 Longmew Drive, Carlsbad, stated he was in favor of having the bars removed. He suggested that local talent be used to create some type of tile artwork on the northern wall and to make the rest of the area user friendly. Jerry Suominen Wolder, 5460 Carlsbad Blvd., Carlsbad, requested that Council remove the bars, and questioned why it would cost $50,000 in administrative fees to have the bars removed. Robert Payne, P.O. Box 3073, Carlsbad, inquired as to whether the $420,000 that has been spent includes staff time; what the total will be after the calculations of construction, legal fees, staff time, and removal of the public art; and if it was a Carlsbad contractor that built this project. He further stated that if this issue is placed on the ballot, then the Arts Commission as a whole needs to be placed on the ballot as well. Craig Munson, 7051 Via Cabana, Carlsbad, stated that art cannot be legislated at the ballot box. The Council should make the final determination as to whether this artwork should be removed following the recommendation of the Art Commission. Mr. Munson questioned the purpose of the public hearings if this issue is placed on the ballot. 0 February 17,1998 CITY COUNCIL 0 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): AB #14,564 (continued) Barbara Kendall, 7103 Lantana Terrace, Carlsbad, presented a copy of a newspaper article in 1991 depicting the artwork, and stated it was misleading. She stated that she would like to see the artwork" removed, and that neighbors and visitors agreed with her. She stated that she had posted petitions at various kiosks around the park, but due to the past storms several of them were destroyed. However, it was her belief that the general consensus of the public was to have the art removed. Brian Biernacki, 3393 Lincoln Street #B, Carlsbad, stated that he likes the artwork and the City should protect the artist's rights and the Split Pavilion. Hope Wrisley, 2080 Basswood, Carlsbad, stated that this area used to be weed infested and a public nuisance; however since the Split Pavilion has been installed, the park is user friendly and has been kept clean. Ms. Wrisley questioned as to why more tax dollars should be spent to take artwork down when it is enjoyed by many. She urged the Council not to have the artwork removed. Geoff Bell, 3686 Highland, Carlsbad, stated that the artwork was a mistake. He said that the right thing for Council to do is to correct this mistake; to make a decision; and to remove the artwork. Jane Stimmel, 3 179 Carlsbad Blvd., stated she was in favor of having the artwork removed; however, she requested that the removal of the art not begin until mid-September. She also stated that she had contacted many business acquaintances who agreed to donate their time and equipment to remove the artwork for the City as well as cleaning up the area, planting sod and some hedges. Ofelia Escobedo, 161 1 James Drive, Carlsbad, stated that the park is people friendly and that she is in favor of having the artwork remain. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the report and directed staff to return with documents to place the matter on the June 2, 1998 Ballot. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall RECESS: Mayor Lewis declared a recess at 9:23 p.m., and Council reconvened at 9:28 p.m., with all Council Members present. 10. AB #14.564 - REOUEST TO PROVIDE FINANCIAL ASSISTANCE FOR CONSTRUCTION OF AFFORDABLE UNITS WITHIN THE RANCHO CARRILLO MASTER PLAN. Housing and Redevelopment Director Debbie Fountain gave the staff report and referenced the two Resolutions distributed to Council prior to the meeting which were intended to replace the one Resolution contained in the agenda bill. I a February 17,1998 CITY COUNCIL e Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): AB #14.564 (continued) Michael Galasso, President of Barone Galasso and Associates, 600 W. Broadway #1070, San Diego, representing the applicant, addressed Council, and in response to query stated that the deadline for filing with CHFA is February 27, 1998; and on average it takes approximately four months, after the application has been submitted, to receive funding. Mr. Galasso stated that their goal is to start development of this project by late summer, early fall. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- assistance from the Housing Trust Fund to Carlsbad Family Housing Partnership for construction of one hundred sixteen (1 16) affordable apartment units within the Rancho Camllo Master Plan; and - 45 approving a request to provide up to a maximum of $1,160,000 in financial Adopted RESOLUTION NO. 98-47, approving a request to provide up to a maximum of $360,320 in financial assistance from the Housing Trust Fund to Carlsbad Family Housing Partnership for construction of one hundred sixteen (1 16) affordable apartment units within the Rancho Carrillo Master Plan. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 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 February 17, 1998, was adjourned at 956 p.m. Respectfully submitted, - R. @* ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk