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HomeMy WebLinkAbout1998-09-22; City Council; Minutes? 0 e MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 22,1998 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: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, and Hall ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Rancho Carlsbad Candidate's Forum, Thursday, September 24,1998, at 7:OO p.m. Reception, Sunday, September 27,1998, at the home of Steve Cade, 4529 Adarns Street, Carlsbad. APPROVAL OF MINUTES: Mayor Lewis stated he had viewed the video tape of the Regular Meeting of September 15,1998, and would be voting on the Minutes of that meeting when they come to Council for approval. ACTION: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were approved as presented: Minutes of the Special Meeting held September 1 , 1998. Minutes of the Regular Meeting held September 1,1998. Minutes of the Special Meeting held September 2, 1998. CONSENT CALENDAR: Item #2 was removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Finnila, Council affmed the action of the Consent Calendar, Items #1 through #5 with the exception of Item #2, as follows: AYES: Lewis, Finnila, Nygaard, Kulchm, and Hall - NOES: None I I I I I I I e 0 September 15,1998 CITY COUNCIL Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14.852 - ACCEPTANCE OF ADA IMPROVEMENTS AT KRUGER HOUSE - CONTRACT NO. FAC 98-3. Council accepted the improvements as complete and directed the City Clerk to record the Notice of Completion and release bonds appropriately. I 2. AB #14.853 - PURCHASE AND INSTALLATION OF THE OUICNET/4 DOWNTOWN TRAFFIC MANAGEMENT SYSTEM. This item was removed fiom the Consent Calendar. 3. AB #14,854 - EMPLOYEE ASSISTANCE PROGRAM PROVIDER. Council adopted RESOLUTION NO. 98-312, approving Blue Cross of California as the City7s Employee Assistance Program (EAP) provider. 4. AB #14.862 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CURB. GUTTER AND SIDEWALK REPLACEMENT CONTRACT NO. STS 98003. Council adopted RESOLUTION NO. 98-316, approving contract documents and special provisions, and authorizing the City Clerk to advertise for bids for Curb Gutter and Sidewalk Replacement. 5. AB #14,855 - AMENDMENT TO AGREEMENT WITH DOKKEN ENGINEERING. Council adopted RESOLUTION NO. 98-313, approving Amendment No. 1 to the professional engineering services agreement with Dokken Engineering for Rancho Santa Fe Road, Project No. 3 190. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. AB #14.853 - PURCHASE AND INSTALLATION OF THE QUICNET/4 DOWNTOWN TRAFFIC MANAGEMENT SYSTEM. ACTION On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-311, authorizing the purchase and installation of the QuicNet/4 Downtown Carkbad Traffic Management System and approving a $65,000 increase to the Engineering Department budget allocation of $65,000. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall - NOES: None PUBLIC COMMENT: None PUBLIC HEARING: 6. AB #14.856 - SP-l09(B) - LINCOLN NORTH POINTE. Council Member Julie Nygaard stated that she must abstain on this item and left the dais at 6:06 p.m. Mayor Lewis opened the duly noticed public hearing at 6:24 p.m., and issued the invitation to speak. 0 0 September 15, 1998 CITY COUNCIL Page 3 Rich Simons, representing the applicant, Lincoln Property Company, 10 Double Coves, Newport Beach, CA, stated their concurrence with the staffreport and the recommendations of the Planning Commission. In response to Council query, Mr. Simons stated they would be installing the raised median in El Camino Real fi-onting their property which extends to the median in front of the Olympic Resort. Glenn Hare, 7356 El Fuerte, Carlsbad, owner of DynaMed Corp., at 6300 Yarrow Drive, Carlsbad, and an adjacent property at 6200 Yarrow Drive, Carlsbad, stated that he received the notice for this hearing only two days prior to this meeting. He stated that he had no prior knowledge of this project and voiced serious concerns regarding trac and the infiltration of dust (fiom gradmg) into the machinery at his business as well as machines belonging to his tenants. Rob DeBussey, President of DynaMed Corp., 6300 Yarrow Drive, Carlsbad, stated his concerns regarding traffic. For the record, he stated that it is his belief that the traffic planning done by the Planning Department and the developer are totally inadequate. Mr. Debussy stated he would like two weeks to study this project, considering they did not receive the notice of this hearing until two days prior to the meeting. Seeing no one else wishing to testify, Mayor Lewis closed the public hearing at 6:36 p.m. Applicant’s representative, Rich Simons, stated that 90% of the traffic on the site will empty out onto El Camino Real, not onto Corte de la Piiia. City Clerk Lee Rautenkranz stated the notice of public hearing was mailed to property owners, including Mr. Hare at 6300 Yarrow Drive, on September 11,1998. In addition, the notice was published on September 12,1998. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98- 314. approving the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Specific Plan Amendment 109(B). AYES: Lewis, Finnila, Kulchq and Hall NOES: None ABSENT: Nygaard Council Member Nygaard returned to the dais at 650 p.m. CARLSBAD MUNICIPAL WATER DISTRICT BOARD AND CITY COUNCIL JOINT SPECIAL MEETING: Mayor Lewis convened a Joint Meeting of the City Council and Carlsbad Municipal Water District Board at 650 p.m. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water District Board Meeting at 65 1 p.m., and Council reconvened at 7:05 p.m., with all Council Members present. I .I I I I I I 0 0 September 15, 1998 CITY COUNCIL, Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #14.858 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF LAGUNA DRIVE. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- - 457 to establish a prima facie 30 mile per hour speed limit upon Laguna Drive from State Street to Jefferson Street. AYES: Lewis Finnila, Nygaard, Kulch~n, and Hall - NOES: None 9. AB #14.459 - AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM UPDATE. Pam Scanlon, Regional Program Manager for ARJIS, briefed Council on the recent upgrades to ARJIS and demonstrated what information is available to the public on the Internet as well as the types of information available to law enforcement agencies via the Internet. RECESS: Mayor Lewis declared a recess at 7:29 p.m., and Council reconvened at 7:37 p.m., with all Council Members present. Council agreed to take Item # 1 1 out of order and hear it at this time. 11. AB #14,861- REOUEST BY THE NORTH COUNTY TIMES TO ADDRESS COUNCIL. Dick High, Manager of the North County Times, urged Council to find a way to allow the Street Hawkers Program, sponsored by the Alpha Project, to continue their practice of selling newspapers on the street comers in Carlsbad. He pointed out how worthwhile the project is and how it benefits those that would otherwise remain homeless. Mr. High suggested that an amendment to the ordinance prohibiting street vending to traffic be introducecl to somehow allow the Street Hawker program to continue. City Attorney, Ron Ball, explained the City must operate within the restrictions it is given under the law and the Constitution. He pointed out that, under the law, the City cannot discriminate against one organization requesting permission for an activity while allowing another organization to participate in the same activity. Mr. Ball further stated that the discrimination issue has recently been reaBirmed by the 9th Circuit Court of Appeals who controls California and Carlsbad. JackNelson, 1360 Las Flores Drive, Carlsbad, stated his support for the newspaper hawkers and urged Council to find a way to allow them to continue selling the newspapers to motorists at specific street comers. Mark Henschen, 1722 South Coast Highway, Oceanside, Circulation Director for the North County Times, echoed Mr. High’s comments, and urged Council to direct staff to research and evaluate the possibility of continuing the Street Hawker Program. Chris Megison, 993 Postal Way, Vista, Regional Director of the Alpha Project, also urged Council to find the means to amend the Ordinance and allow this newspaper vending program to continue. John Thero, a former resident of the Alpha Project7s Casa Raphael, stated that the Hawker Program enabled him to re-build his life and asked Council to find a solution for the issue and again allow the program in Carlsbad. Robertino Rosselini, 993 Postal Way, Vista, read a letter from Greg Guidotti (a homeless man for nine years), a 0 September 15, 1998 CITY COUNCIL Page 5 a copy of which is on file in the City Clerk's Off~ce, urging Council to find a way to allow the Hawker Program to continue. Mr. Roselini also stated that he was homeless and it was the Hawker Program that allowed him to get off the streets and begin to turn his life around. He urged Council to allow the program to continue. Jan Sobel, 5620 Paseo del Norte, #128, Carlsbad, CEO of the Carlsbad Chamber of Commerce, stated that the Chamber of Commerce Board of Directors voted, unanimously, to support the continuation of the Alpha Project's Hawker Program. Ms. Sobel also urged Council to find a solution that will allow this program to work, either by permitting, setting boundaries, re-permitting every month, etc. Bob Ladwig, 2642 Ocean Street, Carlsbad, stated that he would like to see Council find a way to make this program work. He urged Council to direct staff to come back to Council with a report on ways to make it possible. John Jones, 3044 State Street, #6, Carlsbad, stated that four times, in the last six months, he has come very close to hitting a newspaper vendor. He further stated that vendors and traffk don't mix and urged Council not to allow the program to continue. ACTION: Mayor Lewis made a motion to enforce the existing ordinance, and discontinue the Street Hawker Program. (Motion failed due to the lack of a majority.) AYES: Lewis and Finnila NOES: Nygaard, Kulch~n, Hall ACTION: On motion by C~uncil Member Nygaard, Council referred the item to staff to evaluate, investigate, and return with a report on the program. - AYES: Lewis, Finnila, Nygaard, Kulchin, Hall NOES: None The City Attorney stated that during the interim, the Police would use discretionary enforcement and staff will return with a report and recommendation. 10. AB #14,860 -UPDATE ON 1998-99 GOALS. ACTION: On motion by Mayor Lewis, Council accepted the staff report on the results of the 1998-99 goal setting process. AYES: Lewis, Finnila, Nygaard, Kulch, Hall NOES: None COUNCIL REPORT§ AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None e 0 September 15, 1998 CITY COUNCIL Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of September 22, 1998, was adjourned at 9: 15 p.m. Respectfully submitted, &A- ALETHA L. RAUTENKRANZ / City Clerk Carol A. Cruise Minutes Clerk