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MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 7,1998
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Carlsbad Safety Center - Conference Facility
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 Hall.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were unanimously
approved as presented:
Minutes of the Workshop held March 11, 1998
Minutes of the Special Meeting held March 17, 1998
Minutes of the Joint Special Meeting held March 17, 1998
Minutes of the Regular Meeting held March 17, 1998
Minutes of the Special Meeting held March 24, 1998
Minutes of the Regular Meeting held March 24, 1998
PRESENTATION:
Mayor Lewis recognized Recreation Supervisors Robin Bettin and Gail Watts for receiving achievement
awards from the State of California Parks and Recreation Society for being the top recreation supervisors
in the State of California.
Mayor Lewis presented a proclamation to Richard Cooke, President of the Oceanside Substance Abuse
Coalition proclaiming the month of April as “Alcohol Awareness Month”.
Mayor Lewis presented a Certificate of Recognition to Miss Carlsbad Christine Avant.
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CONSENT CALENDAR:
Council Member Nygaard removed Item #3 from the Consent Calendar.
Council Member Hall removed Item #9 from the Consent Calendar.
On motion by Mayor Pro Tem Finnila, Council affirmed the actions of the Consent Calendar, Items #1-9,
with the exception of Items #3 and #9, as follows:
AYES: Lewis, Finnila, Nygaard, Kulchin
NOES: None
ABSENT: None
ABSTAIN: Hall on Item #8
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14,616 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s Investment
portfolio as of February 28, 1998.
2. AB #14,617 - AWARD OF CONTFWCT FOR FORESTRY FIRE HOSE.
Council adopted RESOLUTION NO. 98-92, accepting a bid and approving a contract with
Flameco Inc., for the purchase of forestry fire hose for the period of April 7, 1998 to April 6,
1999.
3. AB #14,618 - ANNUAL WEED ABATEMENT PROGRAM DECLARATION OF PUBLIC
NUISANCES.
This item was removed from the Consent Calendar.
4. AB #14,619 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE RENOVATION OF
FIRE STATION NO. 3. CONTRACT NO. FAC 98-9.
Council adopted RESOLUTION NO. 98-94, approving contract documents, special provisions
and specifications, and authorizing the City Clerk to advertise for bids for the Fire Station No. 3
renovation, Contract No. FAC 98-9.
5. AB #14,620 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 97-8, MAR VISTA AT
LA COSTA.
Council adopted RESOLUTION NO. 98-95, approving the final map for Carlsbad Tract No. 97-
08, Mar Vista at La Costa and authorizing the City Clerk to process the map for recording.
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CONSENT CALENDAR (continuedl:
6. AB #14,621 - APPROVAL OF AGREEMENT WITH POWELL & ASSOCIATES, INC., FOR
INSPECTION SERVICES.
Council adopted RESOLUTION NO. 98-96, approving an agreement with Powell and
Associates, Inc., for as-needed construction inspection services.
7. AB #14,622 - APPROVAL OF FUNDS FOR AUTOMOBILE PURCHASE.
Council adopted RESOLUTION NO. 98-97, approving the transfer of $24,000 from the General
Fund Contingency Account to the Public Works-Administration Account for the purchase of an
automobile.
8. AB #14.623 - APPROVAL OF SUBRECIPIENT AGREEMENT WITH THE BOYS & GIRLS
CLUB FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 98-98, approving a Subrecipient Agreement with the Boys
and Girls Club of Carlsbad for $370,720.63 in 1994-95, 1995-96, 1996-97 and 1997-98 Federal
Community Development Block Grant Funds for the remodel and improvements to the Village
Branch facility.
9. AB #14,628 - APPROVAL OF FUNDING FOR CONSTRUCTION OF TRAFFIC SIGNALS.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
3. AB #14,618 - ANNUAL WEED ABATEMENT PROGRAM DECLARATION OF PUBLIC
NUISANCES.
Council Member Nygaard requested that the property located on the northwest comer of Chestnut
and Valley be included in the Weed Abatement Program.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
98-93, declaring as public nuisances, weeds, rubbish, and refuse upon private
properties within the City of Carlsbad and setting a public hearing on the matter
for April 21, 1998.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
9. AB #14,628 - APPROVAL OF FUNDING FOR CONSTRUCTION OF TRAFFIC SIGNALS.
ACTION: On motion by Council Member Hall, Council adopted RESOLUTION NO. 98-
103, authorizing the appropriation of $370,000 from the gas tax fund for the
preparation of design plans and specifications and future construction of traffic
signals on La Costa Avenue at the intersections of Cadencia Street, Romeria
Street, and Vieja Castilla Way.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
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PUBLIC COMMENT:
Elaine Rudin, 7146 Tern Place, Carlsbad, representing the League of Women Voters, requested the
Council to support a petition to increase the Tri-City Hospital Board of Directors from 5 members to 7
members. Ms. Rudin stated that the increase in board members would allow for more directors to vote on
important decisions and said that the League of Women Voters for Northcoast San Diego County,
Carlsbad, Oceanside and Vista are in the process of trying to gather 4,0,40 valid signatures in order for this
issue to be placed on the November ballot.
Candace Cohen, 1604 Starling Court, Carlsbad, addressed the Council with concerns she and the
homeowners of the Aviara community have with the recent approval of a Master Plan Amendment (MP-
177(Y)), General Plan Amendment, and Local Coastal Program Amendment to revise density allocation,
planning area boundaries, and development standards for Planning Areas 18, 19, and 20. Ms. Cohen
submitted a petition signed by the homeowners addressing their concerns and requesting that Council
reconsider their approval of the land use changes which allows construction of an apartment project
instead of condominiums (a copy of which is on file in the Clerk’s Office).
PUBLIC HEARINGS:
Council Member Kulchin stated that Items #10 and #11 directly affects a piece of property partially
owned by a member of her immediate family; therefore she disqualified herself from these items due to a
possible conflict of interest. Council Member Kulchin left the dais at 6:25 p.m.
10. AB #14,586 - CT 96-7IPUD 97-4ElDP 96-13ICDP 96-13 - KELLY RANCH VILLAGE “E”.
Mayor Lewis opened the duly noticed public hearing at 6:36 p.m., and issued the invitation to speak.
Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road #206, Carlsbad, stated they are
supportive of staffs recommendation with the exception of Condition 53 of the Planning Commission
resolution and it’s requirement to provide full arterial improvements to Cannon Road along the frontage
of Village “E”. Mr. Clemens said that through negotiations with staff, they have agreed upon an
amendment to the condition whereby they would only be required to install the first increment of Cannon
Road, for a phased construction, in order to start this corridor that is needed. In addition to the
amendment, Mr. Clemens requested that the Subdivision Improvement Agreement be amended to include
an extension period beyond the initial 2 years, should they need additional time to construct the full length
of the road fronting Kelly Ranch.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 6:42 p.m.
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PUBLIC HEARINGS (continued):
AB #14,586 (continued):
In response to Council query, Public Works Director Lloyd Hubbs stated that the standard Subdivision
Improvement Agreement does have provisions to allow for extensions if there is a valid reason.
ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98-
Map CT 96-07, Planned Unit Development PUD 97-04, Hillside Development
Permit HDP 96-13 and Coastal Development Permit CDP 96-13 to subdivide
property into 144 single family lots, 9 open spaceh-ecreation lots, and construct
single family homes on 45 acres generally located south of future Cannon Road
and west of El Camino Real in Local Facilities Management Zone 8, as amended
per the Public Works Director’s memo dated 4/7/98, to reflect revision of Section
2 to amend Condition No. 53 of Planning Commission Resolution No. 4225, to
add the following:
- 68, approving a Mitigated Negative Declaration and addendum, Tentative Tract
“The subdivision secured improved agreement shall provide that:
Cannon Road from El Camino Real to Frost Street shall be
complete within one year following execution of the Subdivision
Improvement Agreement.
Cannon Road from Frost Street to the west tract boundary shall be
complete within two years following execution of the Subdivision
Improvement Agreement.”
AYES: Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
11. AB #14.624 - SDP 97-14 - APPEAL OF APPROVAL OF CARLSBAD RANCH LOTS 9
AND 10.
Mayor Lewis opened the duly noticed public hearing at 6:55 p.m., and issued the invitation to speak.
Anthony Badeaux, representing the appellant, Koll Real Estate, 4275 Executive Square #240, La Jolla,
stated they were appealing Condition No. 37 of the Planning Commission resolution based on the
estimated ADT of $210.00. Mr. Badeaux stated that they were aware of the Cannon Road West Fee
District; and were aware that the district had been in formation for some time; and were also aware that
the majority of developers in the Carlsbad Ranch area had paid the ADT at an estimated fee of $73 .OO per
square foot. He said they realized the district had requirements; that the costs for improvements were
necessary, and were in the process of being revised. However, he stated that they were quite surprised
that the current estimated dollar amount was $210.00 a square foot rather than $73.00 a square foot. Mr.
Badeaux stated they were requesting that the estimated fee per ADT be set at $73.00 rather than $210.00.
April 7,1998 a CITY COUNCIL 0 Page 6
PUBLIC HEARINGS (continued):
AB #14,624 (continued):
Christopher Neils, Attorney with Sheppard, Mullin, Richter and Hampton, 501 W. Broadway, San Diego,
stated that the agreement the developer would be required to enter into would run with the land; therefore,
anyone who buys the property will be on notice through the title report about the existence of this
agreement. Mr. Neils said that the other concern to be addressed is the estimated ADT to be paid before
the facilities district is actually established. He stated that his client should not be required to pay the
higher estimated fee until the district is actually formed. Mr. Neil suggested that the developer only be
required to pay the $73.00 ADT and then once the district is formed, the developer could pay any
difference between the estimated ADT and the established ADT.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7:05 p.m.
Mayor Pro Tem Finnila introduced a letter into the record dated April 3, 1998 from the Gemological
Institute of America, KREG Operating Company, SDG&E, Carltas Company, Kelly Land Company and
Carlsbad Estate Holding, Inc., regarding the proposed Bridge and Thoroughfare District No. 3 (Cannon
road). (Copy on file in the Clerk’s Office.)
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-
- 99, denying the appeal and upholding a Planning Commission decision to
approve a Site Development Permit (SDP 97-14KDP 97-31) to construct four
two-story buildings on the east side of Fleet Street between Armada Drive and
Leg0 Drive, as amended to revise Section 4, to amend Condition No. 37 of
Planning Commission Resolution No. 4222 to set the estimated fee per ADT at
$124.00.
AYES: Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
Council Member Kulchin returned to the dais at 7: 10 p.m.
12. AB #14,625 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING.
Mayor Lewis opened the duly noticed public hearing at 7:12 p.m., and issued the invitation to speak.
Seeing no one wishing to speak, Mayor Lewis closed the public hearing at 7: 12 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 100, accepting the specific projects for funding under the Department of Justice Local Law Enforcement Block Grant Funding.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
13. AB 3 14,626 - DECLARATION OF A PUBLIC NUISANCE AT 2475 TUTTLE STREET.
This item was continued to the meeting of April 14, 1998.
April 7,1998 a CITY COUNCIL 0 Page 7
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Council adjourned to the Housing and Redevelopment Commission Meeting at 7:13 p.m., and Council
reconvened at 8:32 p.m., with all Council Members present.
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING:
Council adjourned to the Carlsbad Municipal Water District Board Meeting at 8:32 p.m., and Council
reconvened at 8:52 p.m., with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. AB #14,598 - DESIGN REVIEW BOARD APPOINTMENTS.
This item was continued.
15. AB #14,627 - HOUSIJNG COMMISSION APPOINTMENTS.
This item was continued.
COUNCIL REPORT§ 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 April 7, 1998, was adjourned at 855 p.m.
Respectfully submitted,
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LLSz%.dyL
.RA ENKRANZ
City Clerk
Sherrie D. Worrell
Deputy City Clerk