HomeMy WebLinkAbout1998-06-23; City Council; Minutes (3)I 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 23,1998
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: 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, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis
Absent: Council Member Kulchin
LEGISLATIVE INVOCATION was given by Aria Bruss-Sacks, Spiritual Assembly of the Bahai’s.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
APPROVAL OF MINUTES:
ACTION: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings
were approved as presented:
Minutes of the Special Meeting held June 2, 1998
Minutes of the Regular Meeting held June 2, 1998
Minutes of the Special Meeting held June 9, 1998
Minutes of the Regular Meeting held June 9, 1998
AYES: Lewis, Finnila, Nygaard, Hall
ABSENT: Kulchin
PRESENTATIONS:
Mayor Lewis presented a Certificate of Appreciation to Arthur Wood for his work with the Jazz in the
Parks Concert Series.
Mayor Lewis presented a Certificate of Appreciation to Connie Beardsley, on behalf of Sherry Freisinger,
for her work on the program book.
CONSENT CALENDAR:
Item #7 was removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Finnila, Council affirmed the actions of the
Consent Calendar, Items #1-11, with the exception of Item #7, as follows:
AYES: Lewis, Finnila, Nygaard, Hall
ABSENT: Kulchin
June 23,1998 0 CITY COUNCIL 0 Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14,728 - REOUEST TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 98-194, authorizing the destruction of certain files in the
City Clerk’s Department.
2. AB #14,729 - AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE AVLARA
PARKWAY AND BLACK RAIL ROAD TRAFFIC SIGNAL - PROJECT NO. 3369.
Council adopted RESOLUTION NO. 98-195, accepting bids and awarding a contract to HMS
Construction for construction of the Aviara Parkway and Black Rail Road Traffic Signal.
3. AB #14,730 - AMENDING SALARY SCHEDULE FOR FIRE DEPARTMENT EMPLOYEES.
Council adopted RESOLUTION NO. 98-196, approving a revised salary schedule for
classifications represented by the Carlsbad Firefighters’ Association.
4. AB #14,731 - EXTENSION OF VEHICLE LEASE AGREEMENT WITH PALOMAR
COLLEGE.
Council adopted RESOLUTION NO. 98-197, approving the extension of a two-year agreement
with Palomar College for lease of two surplus police vehicles.
5. AB #14,732 - ENCINA WASTEWATER AUTHORITY FY 1998-99 OPERATING AND
CAPITAL PROGRAM BUDGETS.
Council adopted RESOLUTION NO. 98-198, approving the 1998-99 Fiscal Year Operating
Budget for the Encina Wastewater Authority; and
Council adopted RESOLUTION NO. 98-199, approving the 1998-99 Fiscal Year Capital Budget
for the Encina Wastewater Authority.
6. AB #14,733 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE WIDENING OF
PALOMAR AIRPORT ROAD (PROJECT NO. 3286) AND AGREEMENT FOR
REIMBURSEMENT OF ACCESS ROAD COSTS.
Council adopted RESOLUTION NO. 98-200, approving plans and specifications, and
authorizing the City Clerk to advertise for bids for construction of Palomar Airport Road West,
and approving an agreement with the County of San Diego for reimbursement of the costs for the
access road.
7. AB #14.734 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION
OF THE CARLSBAD SKATE PARK - PROJECT NO. 3597.
This item was removed fi-om the Consent Calendar.
June 23,1998 0 CITY COUNCIL 0 Page 3
CONSENT CALENDAR (continued):
8. AB #14.743 - AGREEMENT FOR ORGANIZATIONAL DEVELOPMENT SERVICES.
Council adopted RESOLUTION NO. 98-202, approving an agreement with Systemics for
organizational development consulting and related services.
9. AB #14,735 - AMENDMENT TO AGREEMENT FOR MACARTO CANYON WETLAND
MITIGATION MONITORING PROGRAM AND EXOTIC SPECIES REMOVAL - PROJECT
NO. 3 184.
Council adopted RESOLUTION NO. 98-203, approving Amendment No. 1 to the services
agreement with Native Landscape, Inc., for Macario Canyon Mitigation Monitoring Program and
Exotic Species Removal.
10. AB #14,736 - ESTABLISHMENT OF 1998-99 SPECIAL TAX FOR COMMUNITY
FACILITIES DISTRICT NO. 1.
Council adopted RESOLUTION NO. 98-204, establishing the 1998-99 special tax for the
Community Facilities District No. 1.
11. AB #14.737 - INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR GREEN VALLEY -
CT 92-8.
Council adopted RESOLUTION NO. 98-205, approving an Interim Coastal Sage Scrub Take
Permit for Green Valley, and subtracting 2.38 acres from the City’s 5% allocation.
ITEM REMOVED FROM THE CONSENT CALENDAR:
7. AB #14.734 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION
OF THE CARLSBAD SKATE PARK - PROJECT NO. 3597.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-
201, approving plans and specifications, and authorizing the City Clerk to
advertise for bids for the construction of the Carlsbad Skate Park; and
Accepted the recommendation of the Parks and Recreation Commission to
officially adopt the name of the facility as the Carlsbad Skate Park.
AYES: Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
PUBLIC COMMENT:
Carlton Lund, 4779 Brookwood Court, Carlsbad, submitted a letter dated June 22, 1998 (a copy of which
is on file in the City Clerk’s Office), requesting that he be allowed to purchase the Split Pavilion “Bars”
for the sum of $1.00 once they have been dismantled. Mr. Lund stated that these will be used as a
fundraiser project for the “Kids Are Worth A Million” campaign.
June 23,1998 0 CITY COUNCIL 0 Page 4
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
City of Carlsbad Finance Department Annual BudgetRiscal Year Celebration, Thursday, June 25,
1998, 5:15 p.m., at the Raintree Restaurant, 755 Raintree Drive, Carlsbad.
Jazz in the Park Concert, Friday, June 26, 1998, 6:OO p.m., at Stagecoach Park, 3420 Camino de
10s Coches, Carlsbad.
Carlsbad Police Department Volunteer Appreciation Day, Saturday, June 27, 1998, 11:OO a.m. -
2:30 p.m., at the Carlsbad Public Safety and Service Center, 2560 Orion Way, Carlsbad.
Jazz in the Park Concert, Friday, July 3, 1998,6:00 p.m., at Stagecoach Park, 3420 Camino de 10s
Coches, Carlsbad.
PUBLIC HEARINGS:
12. AB #14,738 - SDP 93-3/CUP 93-2 - POINSETTIA COMMUTER RAIL STATION APFEAL.
Planning Director Michael Holzmiller stated that this item is an appeal of a Planning Commission
decision to delete certain conditions of approval from the previously approved permits for the Poinsettia
Commuter Rail Station. He stated that discussions have been ongoing with North County Transit District
over the past year and those discussions have focused on whether the city has any jurisdiction to actually
require permits for the rail station or to condition the operation of the station. As a result of those
discussions, a recommendation was made to the Planning Commission, and the Commission agreed, to
delete any conditions of the previous permit approvals that had to do with the operation of the station or
any of the operational aspects of the commuter train. Mr. Holzmiller stated that the deletion of several of
these conditions by the Planning Commission has been appealed by a resident of the adjoining Lanakai
Lane Mobile Home Park. Specifically, the appeal involves the deletion of Conditions #8 and #13 of
Planning Commission Resolution Nos. 3642 and 3643, and Condition #1 of Planning Commission
Resolution No. 3643. Mr. Holzmiller stated it is staffs belief that the appeal of Condition #1 is actually
an appeal of the modifications made to the condition, since the condition itself was not actually deleted.
Mayor Lewis opened the duly noticed Public Hearing at 6:22 p.m.
Jack Horak, 6550 Ponto Drive #108, Carlsbad, President Homeowners Association and resident of the
Lanakai Lane Mobile Home Park, stated that neither he nor the homeowners association were anti-
coaster, anti-transit or anti-train. He submitted for the record, a memorandum dated February 24, 1998,
from Steve Aceti, (a copy of which is on file in the City Clerk’s Office), which addresses the decision by
NCTD to withdraw permit applications in the City of Encinitas. Mr. Horak stated that this memorandum
is from an Encinitas City Council meeting which states that NCTD is not a federal agency, therefore they
do not have to comply with city regulations, California regulations or CEQA regulations, and that is the
issue at hand. He said that the community’s main objection to the station is with the lighting and noise.
Over the past 3 years numerous requests have been made to NCTD about the noise and lighting problems
but nothing has been resolved.
June 23,1998 0 CITY COUNCIL 0 Page 5
PUBLIC HEARINGS (continued):
AB #14,73 8 (continued):
Mr. Horak stated that they are requesting City Council to consider three items, those being: (1) not to
grant the proposals set forth by the Planning commission on April 15, 1998, which deletes the protection
in regards to noise and lighting at Lanakai Lane Mobile Home Park; (2) City Council regulate the Special
Use Permit annually and not grant a 5 year permit to NCTD; and (3) NCTD provide in writing from the
Surface Transportation Board to the Carlsbad City Council and also to the residents at the park, that they
are in fact a federal agency are not subject to city regulations.
Jan Sharp, 6550 Ponto Drive #3, Carlsbad, Resident Manager for Lanakai Lane Mobile Home Park, stated
that the residents and management are united on the issue that something has to be done about noise and
lighting. She stated that their contention is that there is more noise on the backside of the park because of
the station; and the coaster is what is generating this noise.
Michael Walter Husarek, 6550 Ponto Drive #17, Carlsbad, stated that the situation with noise and lighting
has increased due to the increased use of the station. He noted that in the environmental impact study,
the summary talks about the construction of the berm or wall to protect the residents from the lighting and
noise which comes from both the station and the parking lot. He also stated that the study addresses the
noise of the immediate area in association with automobiles and trucks on roadways leading to the station,
but not in association with the noise of the trains.
Kay Oberlin, 6550 Ponto Drive #107, Carlsbad, read a letter from Wendy Goodwin, also a resident at
Lanakai Lane Mobile Home Park, expressing her concerns about the possibility that NCTD will reactivate
the loud-speaker system at the coastal station.
Leslie Tanner, 6550 Ponto Drive #30, Carlsbad, stated that their meetings with NCTD have been very
encouraging, however nothing has ever been received in writing regarding the promises made by NCTD.
She asked Council for their consideration in this matter and stated that local issues should be under local
control.
Jed Robinson, 8041 Florence, San Diego, President of South Shores Development Corporation, stated that
their concerns are with the actions taken by the Planning Commission, in that it removes the city from
controlling what NCTD does. The removal of these provisions in the Conditional Use Permit would
allow NCTD to make whatever changes they feel are necessary, without public comment, public notice, or
public input. He stated that the park residents would like the city to continue to be their advocate by
overturning the Planning Commission’s decision.
Ralph Rogers, 1549 N. Vulcan Avenue, Encinitas, stated that he has been involved with a similar project
in Encinitas and that the Encinitas General Plan states when rail traffic increases tracks should be
recessed, including lights and speakers. Mr. Rogers requested that the rail corridor be studied to see what
the impacts are on the surrounding areas.
Mitchell Reese, 6550 Ponto Drive, Carlsbad, stated that Council Member Nygaard should step down from
the public hearing due to a conflict of interest since she serves on the NCTD Board.
City Attorney Ball stated that there is no conflict interest in the two roles as it is required by State statute
and State law that a member from a City Council be a representative to the North County Transit
Development Board.
June 23,1998 0 CITY COUNCIL 0 Page 6
PUBLIC HEARINGS (continued):
AB #14.738 (continued):
Ed Kasparik, Manager of Rail Services, North County Transit District, 810 Mission Avenue, Oceanside,
stated that at the request of the Lanakai Lane Mobile Home Park residents the platform lighting was
turned down to face the sidewalk area and the PA system was disconnected after a brief use. In regards to
a berm or noise barrier being built, Mr. Kasparik stated that it would have to be very high since noise
travels up. He also stated that NCTD has acted to mitigate the noise and lighting issues by adding
landscaping, eliminating the PA system, and turning the lighting down and away fi-om the residences.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:24 p.m.
In response to query, Mr. Ball stated that NCTD first claimed they were exempt from certain city laws
because of state law, and now they claim preemption as a result of federal law. If they are correct, they do
not need to comply with CEQA and the noticing requirements.
Council, during discussion, expressed their desire to have the NCTD Board review these issues and make
a decision, before Council makes their final decision on the appeal.
ACTION: On motion by Mayor Pro Tem Finnila, Council continued the appeal until the
issues of noise and lighting are acted on by the NCTD Board; then the item will
be returned to Council for consideration.
AYES: Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
RECESS:
Mayor Lewis declared a recess at 7:44 p.m., and Council reconvened at 756 p.m., with four Council
Members present.
13. AB #14,739 - REQUEST TO PREPARE AN AMENDMENT TO THE ZONE 15 LOCAL
FACILITIES MANAGEMENT PLAN - LFMP 87-15CB).
Mayor Lewis opened the duly noticed Public Hearing at 8:03 p.m.
Bill Hoffman, Hoffman and Planning Associates, 2386 Faraday Avenue #120, Carlsbad, representing
Russell Grosse Development Company, stated that the majority of property owners have signed the
petition requesting that the amendment and financing plan be prepared. He stated that this was one of the
original zone plans approved in 1990 and at that time finance plans were not required as part of the
LFMP; however it was conditioned that a finance plan be prepared prior to the first recorded map in this
zone. Therefore, by preparing the finance plan at this time it will fulfill that condition.
Robert Pat Kelly, 2770 Sunny Creek Road, Carlsbad, stated that he is not opposed to the plan, however
some general parameters need to be placed on this plan in order to give some guidelines to the people who
will be affected by the plan.
June 23,1998 0 CITY COUNCIL 0 Page 7
PUBLIC HEARINGS (continued):
AI3 #14.739 (continued):
Randall Klotz, Branton & Wilson Law Firm, 701 B Street #1255, San Diego, representing Ida Kat0 owner
of Parcel #11, stated that they want to make sure the person preparing the plan has the ability to do so, has
the experience, and will be fair to the other property owners in their approach to zoning. He also
requested that clarification be made to show that Grosse Development is not going to ask the other
property owners to pay for any part the finance plan at this time or at any time in the future.
Karen Kelly, 2770 Sunny Creek Road, Carlsbad, inquired as to whether there were any guidelines or
parameters available to the public and the development company for formulating a finance plan.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing 8: 10 p.m.
In response to query, City Attorney Ron Ball stated that every property needs an adequate zone plan. This
developer is asking to advance the cost of preparation of the plan, and our code allows for the cost to be
fairly apportioned to all property owners.
In response to query, Mr. Rideout stated that the Local Facilities Management Plan and Finance Plan do
not set the land uses or densities. The preparer of the plan will use the General Plan and Zoning that are
already in effect as the base assumptions for calculating public facility impacts and public facility needs,
which in turns leads to the cost estimates for providing those facilities.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 207, approving a request to prepare an amendment to the Zone 15 Local Facilities
Management Plan by the Russell W. Grosse Development Co., Inc.
AYES: Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
CARLSBAD MUNICIPAL WATER DISTRICT BOARD AND CITY COUNCIL JOINT
MEETING:
Mayor Lewis convened a Joint Meeting of the City Council and Carlsbad Municipal Water District Board
at 839 p.m.
ADJOURNMENT TO THE CARLSBAD MUMCIPAL WATER DISTRICT MEETING:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Board Meeting at 8:20 p.m., and
Council reconvened at 8:37 p.m., with four Council Members present.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING:
Mayor Lewis adjourned to the Housing and Redevelopment Commission meeting at 8:37 p.m., and
Council reconvened at 8:38 p.m., with four Council Members present.
June 23,1998 0 CITY COUNCIL 0 Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #l4,74l - RESOLUTION OF INTENTION TO FORM RANCHO CARRILLO
ASSESSMENT DISTFUCT NO. 96-1.
Staff gave a report on the following:
1. The general location of the district and extent of the improvements.
2. An estimate of the cost for the improvements.
3. The formula used to develop the value to lien ratio, the estimated average tax burden to a single
4. Amendments to Council Policy Statement No. 33.
family home, the prepayment agreement, and the disclosure agreement.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-
- 209, adopting a map showing the proposed boundaries of a special Assessment District and making appointments; and
Adopted RESOLUTION NO. 98-210, declaring intention to order the
acquisition of certain improvements in a proposed Assessment District; declaring
the improvements to be of special benefit; describing the District to be assessed
to pay the costs and expenses thereoc and providing for the issuance of bonds;
and
Adopted RESOLUTION NO. 98-211, passing the report of the assessment
engineer, giving preliminary approval, setting the Public Hearing for September
1, 1998, and ordering the initiation of assessment ballot procedures; and
Adopted RESOLUTION NO. 98-212, revising City Council Policy Statement
No. 33.
AYES: Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
16. AB #14,742 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING THE
HOUSING COMMISSION.
Housing and Redevelopment Director Debbie Fountain gave an overview of the proposed changes to the
membership and responsibilities of the Housing Commission.
Mayor Pro Tem Finnila introduced a letter into the record dated June 22, 1998, from Housing
Commission Chairperson Kathleen Wellman, requesting that this item be continued until the Housing
Commission has time to provide input on the proposed changes (a copy of which is on file in the City
Clerk’s Office).
June 23,1998 ' CITY COUNCIL e Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
AI3 #14.742 (continued):
Marjorie Monroy, 3612 Carlsbad Blvd., Carlsbad, representing the League of Women Voters, stated they
oppose staffs recommendation in regards to the change in membership and hnctions of the Housing
Commission. She stated that the League originally recommended the organization of the committee in
order to allow for more citizen participation. Review is needed for on-site development and this is a
separate issue from land use; therefore these duties should not be turned over to the Planning
Commission.
ACTION: On motion by Mayor Lewis, Council appointed Mayor Pro Tem Finnila and
Council Member Kulchin to serve on a subcommittee to study this proposal and
return with a recommendation.
AYES : Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Kulchin
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 June 23, 1998, was adjourned at 9:21 p.m.
Respectfully submitted,
f-) (W!"/ K&T
ALETHA L. RAUTENKRANZ
City Clerk
Sherrie D. Worrell
Deputy City Clerk