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Home My WebLink About1998-07-28; City Council; Minutes0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 28,1998 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, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Laurel Tree Apartments Groundbreaking, Thursday, July 30, 1998, 1:00 p.m., at the corner of Aviara Parkway and Cobblestone Road, Carlsbad. Council Member Nygaard's Candidacy Announcement, Friday, July 31, 1998, 9:OO a.m., at the Carlsbad Village Commuter Rail Station, Carlsbad. T.G.I.F. Jazz in the Parks Concert, Friday, July 3 1, 1998, 6:OO p.m., at Magee Park, 258 Beech Avenue, Carlsbad. APPROVAL OF MINUTES: ACTION: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were approved as presented: Minutes of the Joint Special Meeting held July 7, 1998 Minutes of the Regular Meeting held July 14, 1998 AYES: Lewis, Finnila, Nygaard, Kulchin, Hall ABSTAIN: Nygaard - Minutes of July 7, 1998 CONSENT CALENDAR: Items #1 and #6 were removed fi-om the Consent Calendar. ACTION: On motion by Mayor Pro Tern Finnila, Council affirmed the actions of the Consent Calendar, Items #1-6, with the exception of Items #1 and #6, as follows: AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 0 ’ July 28, 1998 CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continued): WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14.782 - AGREEMENT FOR ANIMAL CONTROL SERVICES. This item was removed fi-om the Consent Calendar. 2. AB #14,783 - ESTABLISHMENT OF NEW CLASSIFICATION AND RECLASSIFICATION OF POSITION IN HUMAN RESOURCES DEPARTMENT. Council adopted RESOLUTION NO. 98-250, establishing the classification of Human Resources Technician, reclassifying one Specialist I1 position to Human Resources Technician, and amending the General Employees’ Salary Schedule. 3. AB #14,784 - REVISION OF EQUIPMENT TECHNICIAN SERIES AND REALLOCATION OF SALARY RANGE IN PUBLIC WORKS DEPARTMENT. Council adopted RESOLUTION NO. 98-251, adopting the classifications of Equipment Technician I and 11, reallocating the salary range of Equipment Technician 11, deleting the classifications of Equipment Service Worker and Equipment Mechanic Leadworker, amending the General Employees’ Salary Schedule, and appropriating monies fi-om the Vehicle Maintenance Fund. 4. AB #14.785 - ACCEPTANCE OF CONSTRUCTION OF TRAFFIC SIGNAL AT THE INTERSECTION OF COLLEGE BOULEVARD AND ASTON AVENUE - PROJECT NO, 3522. Council adopted RESOLUTION NO. 98-252 accepting the construction of the traffic signal at the intersection of College Boulevard and Aston Avenue, Project No. 3522. 5. AB #14,786 - EMPLOYEE CAPITAL EQUIPMENT COMMITTEE REQUEST FOR CAPITAL PURCHASES. Council adopted RESOLUTION NO. 98-253, authorizing the purchase of six Motorola 2-way radios for the Parks and Recreation Department and appropriating funds. 6. AB #14,794 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED RAMOS V. CITY OF CARLSBAD. This item was removed fi-om the Consent Calendar. * July 28, 1998 0 CITY COUNCIL 0 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #14,782 - AGREEMENT FOR ANIMAL CONTROL SERVICES. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 249, approving an agreement with the San Diego County Department of Animal Control to provide animal control services. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 6. AB #14,794 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED RAMOS V. CITY OF CARLSBAD. This item was continued to the meeting of August 4, 1998, at the request of the City Attorney. ORDINANCE FOR ADOPTION: 7. AB #14,787 - MP-l77(Z)/LCPA 97-6(A) - AVIARA PHASE I11 NORTH SUGGESTED MODIFICATIONS. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted ORDINANCE NO. NS- - 453, amending the Aviara Master Plan by the amendment of various sections, incorporating the California Coastal Commission’s suggested modifications. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall PUBLIC COMMENT: There were no requests to address the Council. PUBLIC KEARINGS: 8. AB #14.788 - SNC 98-2 - GROSBEAK COURT STREETNAME CHANGE. Mayor Lewis opened the duly noticed public hearing at 6: 11 p.m., and issued the invitation to speak. Seeing no one wishing to speak, Mayor Lewis closed the public hearing at 6:11 p.m. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- 254, approving a street name change, renaming Grosbeak Court to Gadwall Court in the southwest quadrant. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall ‘ July 28, 1998 CITY COUNCIL 0 Page 4 PUBLIC HEARINGS (continued): 9. AB #14,789 - CT 93-9(A)/HDP 93-9(A)/CDP 97-54 - OCEAN BLUFF. Mayor Lewis opened the duly noticed public hearing at 6: 17 p.m., and issued the invitation to speak. Seeing no one wishing to speak, Mayor Lewis closed the public hearing at 6:17 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 255, approving a Tentative Map Revision, Hillside Development Permit Amendment, and Coastal Development Permit to subdivide 96 single family lots and one open space lot on property generally located at the northwest comer of future Poinsettia lane and Black Rail Road. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 10. AB #14,790 - V 98-1 - NESSIM VARIANCE APPEAL. Associate Planner Mike Grim gave an overview of the staff report as contained in the agenda bill. Mr. Grim then detailed the findings made by the appellant in relation to the appeal, along with staffs findings as contained in Exhibit 2 of the Agenda Bill. Mr. Grim stated that should Council decide to support staff with the variance appeal, then no further environmental review or anything else would be needed. However, should Council decide to overturn the Planning Commission’s decision, staff would need to process either a negative declaration or show prior compliance with previous documents. Mayor Lewis opened the duly noticed public hearing at 6:27 p.m., and issued the invitation to speak. Kathy Kinane, representing the appellant Gary Nessim, 2987 Highland Drive, Carlsbad, gave a brief history of the garage stating that the garage was originally permitted for a very similar renovation in 1991 and at that time the highest point was 5 feet higher that what is being reviewed today. The plans were redrawn to meet the requirement of 30 feet and were then resubmitted. In 1996 the building department approved the construction of the stair tower which is 35 feet high. Ms. Kinane gave an overview of the proposed revisions and stated that this is a historical building and that no significant elevation changes are proposed. Ms. Kinane distributed copies of a petition signed by neighbors in favor of the variance and some suggested findings that could be made to support the variance, and read the contents of same (a copy of which is on file in the City Clerk‘s Office). Ms. Kinane requested that the Council reverse the decision of the Planning Commission and grant the variance. Michele Levy, 3021 Highland Drive, Carlsbad, stated she is opposed to the variance request and that the request should be denied in order to preserve this two-story home neighborhood. * July28, 1998 CITY COUNCIL e Page 5 PUBLIC HEARINGS (continued): AB #14,790 (continued): Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 6:49 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council granted the appeal, and directed staff to process the environmental documents to approve the variance for the Nessim Residence, located on the northwest corner of Carlsbad Village Drive and Highland Drive. AYES: Lewis, Finnila, Nygaard, Kulchin,. Hall DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #14,791 - CARLSBAD CONVENTION AND VISITORS BUREAU REPORT. Steve Link, Executive Director of the Convention and Visitors Bureau, 1616 Avenida Guillermo, Oceanside, stated that this is not a request for more funds, but a reallocation of funds budgeted for other marketing programs that will be in excess of the Bureau’s needs. He stated that the increased allocation to advertising funds will be used to counter the negative publicity stemming from national reports of El Nifio in California coastal communities, and to expand the advertising coverage of Carlsbad’s various attractions in addition to Legoland. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the report and directed staff to amend the contract by reallocating $4,000 from the Travel Show and $10,000 fi-om the Brochures Accounts to the Advertising Account. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 12. AB #14,792 - AFFORDABLE HOUSING AGREEMENT FOR THE KELLY RANCH PROJECT- SDP 98-4. Council Member Kulchin disqualified herself from participation on this item due to a potential conflict of interest. She left the dais at 7: 18 p.m. Management Analyst Craig Ruiz, gave the staff report as contained in the agenda bill. Larry Clemens, representing Kelly Land Company, 201 1 Palomar Airport Road , Carlsbad, stated they are in agreement with staffs recommendations; however, there is one area they would like to see re- negotiated. Mr. Clemens stated that currently the agreement requires that the security for the 22 units not only include a deposit or bond of $220,000, but that Areas D, G & H be deeded to the City should Kelly Land Company not construct the 22 units. Mr. Clemens proposed that only Area D be deeded as it is large enough to support up to 50 units should Kelly Land Company default on the agreement. He said that another incentive to Kelly Land Company, is that the remaining building permits for Kelly Ranch cannot be pulled until these affordable units are built. . July 28, 1998 * CITY COUNCIL * Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS (continuedl: AB #14,792 (continued): Council, during discussion, concurred that staff should explore a compromise whereby in the event of a default and the city selling some of the security, the developer would be reimbursed any of the proceeds which exceed his affordable housing obligation under the agreement. Larry Clemens, representing Kelly Land Company, 20 1 1 Palomar Airport Road , Carlsbad, stated that this would be an acceptable compromise. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- affordable apartment units necessary to satisfy the Inclusionary Housing Requirement for the Kelly Ranch Project with direction to staff to modify the agreement to incorporate wording that provides that in the event of a default, the land owner would be reimbursed any of the proceeds which exceed his affordable housing obligation under the agreement. - 257, approving the Affordable Housing Agreement for the development of 132 AYES: Lewis, Finnila, Nygaard, Hall ABSENT: Kulchin Council Member Kulchin returned to the dais at 7:42 p.m. 13. AB #14,793 - TRAFFIC SAFETY COMMISSION APPOINTMENT. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 258, appointing Frank Whitton to the Traffic Safety Commission. 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 July 28, 1998, was adjourned at 7:46 p.m. Respectfully submitted, bad 7- 24 /&ab-+’ 0 ALETHA L. MUTE NZ I City Clerk Sherrie D. Worrell Deputy City Clerk