HomeMy WebLinkAbout1998-11-10; City Council; Minutes.I e a
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 10,1998
TIME OF MEETING. 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:03 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Kulchin, Hall
Absent: Nygaard
APPROVAL OF MINUTES:
ACTION: On motion by Mayor Pro Tem, Finnila, the Minutes of the following meetings were
approved as presented:
Minutes of the Regular Meeting held October 20,1998.
Minutes of the Regular Meeting held October 27, 1998.
Minutes of the two Joint Special Meetings held October 27,1998.
Minutes of the Special Meeting held October 30, 1998.
AYES: Lewis, Finnila, Kulchin Hall
ABSTAIN: Finnila - Minutes of October 30, 1998
ABSENT: NYgWd
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Richard Vance, Paramedic of the Year for San Diego County.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the
following events:
Ribbon Cutting Ceremony for New Gate, Tuesday, November 17, 1998, 12:OO Noon, at the Carlsbad
Arts Office.
CONSENT CALENDAR:
Item #5 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 #6 with the exception of Item #5 as follows:
AYES: Lewis, Finnila, Kulchin, Hall
NOES: None
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November 10, 1998 CITY COUNCIL Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at th~s Meeting.
1. AB #14,928 - AMENDMENT OF POLICE DEPARTMENT SALARY SCHEDULE.
Council adopted RESOLUTION NO. 98-367, amending the Salary Schedule of the Carlsbad Police
Department, effective November 30,1998, for classifications requested by the Carlsbad Police Officer’s
Association.
2. AB #14,929 - SELECTION OF FINANCIAL CONSULTANT AND DESIGNATION OF SPECIAL
LEGAL COUNSEL FOR AN INFRASTRUCTURE FINANCING DISTRICT.
Council adopted RESOLUTION NO. 98-368, approving an agreement with Keyser Marston
Associates, Inc. to prepare a financial feasibility report, and required financial documents for the
formation of an Infrastructure Financing District; designating the fm of Kane Balmer Berkman as
special legal counsel; and appropriating funds.
3. AB # 14,930 - REOUEST TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 98-369, authorizing the destruction of certain records kept in the
Finance Department.
4. AB #14,93 1 - APPLICATION TO THE CALIFORNIA LIBRARY LITERACY SERVICE.
Council adopted RESOLUTION NO. 98-370, approving an application for a grant for additional
support of the Adult Learning Program.
5. AB #14,932 - APPROVAL TO SHARE COSTS OF WIDENING THE LA COSTA CANYON HIGH
SCHOOL ENTRYEXT DRIVEWAY.
This item was removed from the Consent Calendar.
6. AB #14,933 - ADOPTION OF COUNCIL POLICY FOR AN EMPLOYEE COMPUTER PURCHASE
PROGRAM.
Council adopted COUNCIL POLICY NO. 60, establishing an Employee Computer Purchase Program.
REMOVED FROM THE CONSENT CALENDAR:
5. AB #14.932 -APPROVAL TO SHARE COSTS OF WIDENING THE LA COSTA CANYON HIGH
SCHOOL ENTRYEXIT DRIVEWAY.
Council Member Hall expressed concern that schools don’t have to go through the regular permitting process yet
the City is often asked to participate in cost sharing. He stated it would be better if the City Council could see
their project plans earlier to assist with such issues as traffic circulation, and he suggested the issue be referred
to the City/School Committee.
ACTION: On motion by Council Member Hall, Council adopted RESOLUTION NO. 98-371,
authorizing the Finance Director to remit $10,000 to the San Dieguito Unified School
District for the City’s share of construction costs to widen the driveway entrance to La
Costa Canyon High School and appropriate funds.
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November 10, 1998 CITY COUNCIL Page 3
PUBLIC COMMENT:
None
PUBLIC HEARING§:
7. AB #14,934 - SDP 98-1 l/CDP 98-44 - CARLSBAD RANCH CORPORATE CENTER.
Mayor Lewis opened the duly noticed Public Hearing at 6:28 p.m.
David Meyer, 5600 Avenida Encinas, # 104 Carlsbad, Project Manager for Carlsbad Ranch, urged Council to
approve this application and stated he was available to answer any questions
A representative of Smith Consulting Architects, 5355 Mira Sorrento, San Diego, responded to questions
regarding the design.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:32 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-372,
approving SDP 98-1 1 and CDP 98-44, approving Site Development Plan No. SDP 98-
11 and Coastal Development Permit 98-44 to allow the construction of a three story
multi-tenant office building containing 42,960 square feet of building area on property
located on the northeast corner of Armada Drive and Fleet Street in the Coastal Zone
and Local Facilities Management Zone 13.
AYES: Lewis, Finnila, Kulchq Hall
NOES: None
8. AB #14.935 - CDBGMOME FY 1999-2000 FUNDING PLAN STRATEGY AND PROPOSAL
REVIEW PROCESS.
Mayor Lewis opened the duly notid Public Hearing at 6:44 p.m. Seeing on one wishing to speak, Mayor Lewis
closed the Public Hearing at 6:44 p.m.
ACI'ION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-373,
authorizing distribution of a request for proposals for CDBG Program year 1999-2000;
accepting public comment and approving the 1999-2000 CDBGIHome Funding Plan
Strategy; and approving the CDBGIHome Application Review Process.
AYES: Lewis, Finnila, Kulchin, Hall
NOES: None
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING.
Mayor Lewis adjourned to the meeting of the Carlsbad Municipal Water District at 6:45 p.m. Council
reconvened at 6:46 p.m., with four Council Members present and Council Member Nygaard absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
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9. AB #14,939 - PILOT PROGRAM FOR TRAILS DEVELOPMENT AND MAINTENANCE.
Gary Hill, 3289 Donna Drive, Carlsbad, encouraged Council to consider the trail system as a way of life and
urged their approval of the implementation of an all volunteer trails development program and to move forward
with the citywide trail system.
Penny Dockry, a member of the Research Conservation District of Greater San Diego County, and representing
the Carlsbad Watershed Network, 1868 Ley Largo Road, Vista, pointed out a number of benefits and advantages
of having a trail system and urged Council to approve this project.
Regg Antle, 1807 Kelly Street, Oceanside, President of, and representing? the Buena Vista Lagoon Foundation;
stated that the Lagoon Foundation wholeheartedly supports the project and requested approval of the project.
On behalf of the Buena Vista Lagoon Foundation, Mr. Antle also urged Council to consider directing staff to
move ahead with the trail system.
Chuck Pateros, 4150 Adams Street, Carlsbad, representing ViaSat Corporation? stated there are approximately
ten volunteers fiom ViaSat and he expects more volunteers as they begin to work on the actual projects. He, too,
urged approval of the pilot program for trails.
Bob Ladwig, 2642 Ocean Street, Carlsbad, representing the Carlsbad Chamber of Commerce, stated that the
majority of the Chamber smhas already volunteered to work on the construction and maintenance of the trails.
On behalf of the Chamber of Commerce, Mr. Ladwig urged Council to support staffs recommendations and
approve the project.
Philip Grice, 4546 Horizon Drive, Carlsbad, stated his strong support and urged Council to approve the project.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted City Council RESOLUTION
NO. 98-377, authorized a pilot program for the development and maintenance of a trail
segment through a portion of Hosp Grove, utilizing community volunteer forces and
grant funding fiom the Coastal Conservancy; and requested an evaluative report at the
end of this pilot project.
- AYES: Lewis, Finnila, Kulchq Hall
NOES: None
RECESS:
Mayor his doclared a recess at 7: 14 p.m. Council reconvened at 7:22 p.m., with four Council Members present
and Council Member Nygaard absent.
10. AB #14-936 - POINSETTIA PROPERTIES AFFORDABLE HOUSING AGREEMENT - SDP 98-09.
Doug Avis, E3enchMark Pacific, 5055 Avenida Encinas, Carlsbad, corrected the name of the developer company
by pointing out that the name is HSLBPMCHAN, L.L.C., not HSLBPMGELLAN, L.L.C. Mi-. Avis stated
that the only issue, at this time, is the issue regarding the releases. Using exhibits, Mr. Avis explained the
phasing and showed staffs recommendation and the Housing Commission’s recommendation. He offered an
alternate proposal as follows: a phasing plan which would allow the Developer to receive a release of building
permits for a total of 230 market rate units and 92 affordable units upon approval of the affordable housing
agreement, approval of the related Site Development Plan (SDP) and recordation of the Final Map. Once
building permits have been issued and the foundations for 92 apartment units are complete, inspected and
approved, the remaining building permits (295 total) for market rate units can be released. Mr. Avis also stated
the many commitments that have already been fullilleed and finalized and pointed out that it is highly unlikely that
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November 10,1998 CITY COUNCIL Page 5
the project will not be built. In conclusion, Mr. Avis urged acceptance of the developer’s compromise
proposal and approval of the affordable housing agreement for Poinsettia Properties.
Lydia Tan, Bridge Housing, San Francisco, stated that in the fifteen year history of Bridge Housing, they
have never failed to finish any one of sixty projects and this project is not likely to be an exception.
ACTION: On motion by Mayor Pro Tem, Finnila, Council directed staff to prepare
documents approving an Affordable Housing Agreement for the construction of
92 affordable apartment units in Planning Area 5 to satisfy the inclusionary
housing requirements of the Poinsettia Properties Specific Plan, as amended to
reflect the name of HSL/BP/MICHAN, L.L.C., and to reflect the phasing
proposal by the developer (see above), and to return the matter to Council on
December 1,1998.
AYES: Lewis, Finnila, Hall
NOES: Kulchin
i 11. AB #14.937 - AMENDMENT OF AFFORDABLE HOUSING AGREEMENT FOR THE
RANCHO CARRILLO MASTER PLAN - SDP 98-12.
Chris Chambers, Continental Homes, 12330 El Camino Real, San Diego, pointed out the merits of this
project and urged Council’s approval of this request.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO.
98-375, approving an Affordable Housing Agreement Amendment to allow for
the development of fifty affordable second dwelling units to satisfy a portion of
the inclusionary housing requirement for the Rancho Carrillo Master Plan.
AYES: Lewis, Finnila, Kulchin, Hall
NOES: None
12. AB #14.938- APPROVAL OF CONSTRUCTION METHOD FOR VISTNCARLSBAD
CONTRACT 31821B. OAK STREET STORM DRAIN. CONTRACT NO. 3528. AND
PAVEMENT OVERLAY, CONTRACT NO. 3 5 5 8 1.
INTERCEPTOR SEWER REACHES VCSB THROUGH VC9. CMWD PROJECT 91-403,
Council Member Hall excused himself from hearing this item at 8:12 p.m., citing a possible conflict of
interest, since he owns property in the project area.
Sharyl Ronan, 1088 Laguna Drive, Executive Director of Las Villas de Carlsbad, stated that Las Villas
de Carlsbad is a senior community of 203 residents. She also stated that she has submitted signed
petitions urging Council to approve the microtunneling method for the construction of the intercepter
sewer lines, copies of which are on file in the City Clerk‘s office. Ms. Ronan, on behalf of the Las Villas
de Carlsbad residents, encouraged Council to choose the microtunneling method as an alternative to the
open trench method, in the construction of this project. She pointed out that microtunneling would keep
the streets open to all traffic, especially emergency vehicles, and would minimize any negative impacts
on the businesses in the area.
Lee Ann Lilinthall, 2728 Grove Avenue, Carlsbad, owner of a business in the Village, stated that
business has been down since August, as a result of the construction on the northern end of Jefferson
Street, and the open trench construction of these interceptor sewer lines will only add to the distress of
the business owners as well as their customers. Ms. Lilinthall stated that information she has received
indicates that microtunneling will allow traffic in both directions while the tunneling is taking place. She
encouraged Council to make sure they have all the correct information relating to both methods of
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construction and urged Council to approve the microtunneling method in order to keep Jefferson Street
open during construction.
Carlynn Bartlett, 2955 Ocean Street, Carlsbad, owner of a business at 520 Grand Avenue, Carlsbad,
voiced her concerns regarding safety and inconvenience if there are open trenches and closed streets
during the sewer line construction. She urged Council's approval of the microtunneling method of
construction.
Hope Wrisley,'2080 Basswood, Carlsbad, business owner at 620 Grand Avenue, Carlsbad, pointed out
the numerous occasions when streets in the Village have been closed and the adverse impacts felt by the
Village merchants. She stated that microtunneling could be done with the least amount of disruption to
traffic and the businesses in the Village, and urged Council to approve the microtunneling method of
constructing the interceptor sewer lines.
Allan Wanamaker, 2399 Jefferson Street, Carlsbad, a Village business owner, stated his concerns for the
methods used to complete this project and the disastrous effect a project of this size can create. He
pointed out that necessary projects such as this one, comes with inconveniences and hardships.
However, he stated that some of the inconvenience and hardship could be mitigated with the use of the
microtunneling method of sewer line construction. Consequently, he urged Council's approval of the
microtunneling method as opposed to the open- trench method.
Derek Pomfret, 3 18 Via Andalucia, Encinitas, business owner at 2777 Jefferson Street, Carlsbad, stated
he is in favor of the microtunneling process because it seems that parking and access would be better if
the microtunneling method is used. He stated that it is his understanding that the surface of Jefferson
Street, between Laguna Drive and Carlsbad Village Drive, will be untouched because microtunneling
will be used in that section while the open-trench method will be used in other sections of the sewer line
construction. Mr. Pomfret urged Council to carefiilly re-consider the method of construction that will be
use.
Bonnie Hite, 3090 Jefferson Street, Carlsbad, Manager of Jefferson House One, Senior Apartments,
representing Jefferson House One and Jefferson House Two, stated their preference for microtunneling
the entire project because of the inherent dangers of open-trench construction to the many senior citizen
residents in the area, not to mention the problems they would encounter if Jefferson street is tom up and
has traffic traveling in only one direction.
Brit Bjorklund, 541 5 El Arbol Avenue, Carlsbad, business owner at 538 Grand Avenue, also voiced
concern for safety and negative impacts should the open-tunnel method of construction be used on this
project. She urged Council to give more consideration to the microtunneling method of sewer line
construction, even though it may be somewhat more expensive. She stated that, in her opinion, the
Village businesses will survive if Jefferson Street is kept open during the construction using the
microtunneling method.
Sandy Whitman-Pifion, 3204 Via Pescado, Carlsbad, business owner at 2774 Jefferson Street, Carlsbad,
stated that she had attended a meeting of the Carlsbad Village Merchants, at which both the
microtunneling and open-trench methods of construction were discussed, and upon leaving that meeting
she was sure that microtunneling is the answer. She suggested that Council carefully reassess each
method and be mindful of the overwhelming negative economic and safety impacts associated with the
open-trench method.
Gary Nessim, 2987 Highland Drive, Carlsbad, business owner at 530 Grand Avenue, Carlsbad, suggested
that the project, from Carlsbad Village Drive north could be microtunneled, and from Carlsbad Village
Drive south could be re-bid and done by the open-trench method.
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November 10,1998 CITY COUNCIL Page 7
Bijan Khamanian, 216 33rd Street, Newport Beach, representing Hobas Pipe, USA, Inc., stated that it
was his company that gave the presentation to the Carlsbad Village Merchant’s Association regarding
microtunneling. He pointed out that with the microtunneling method, two-way traffic is guaranteed. He
urged Council to carefully review all the aspects of the project before making their collective decision.
Craig Camp, Chula Vista, representing the Asake Company, a microtunneling equipment supplier,
explained the microtunneling method in some detail. He indicated that after looking at Jefferson Street,
there should be no problem maintaining two-way traffic.
ACTION: By consensus, staff was directed to return on November 17, 1998, with
additional information regarding microtunneling as well as the feasibility of
microtunneling some portions and open-trenching other portions of the project.
Council Member Hall returned to the dais at 9:24 p.m.
COUNCIL REPORTS 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
ADJOURNMENT:
By proper motion, the Regular Meeting of November 10, 1998, was adjourned at 9.27 p.m.
Respectfully submitted,
- #Jd!kLk6<-
ALETHA L. RAUTENKRANZ
City Clerk