HomeMy WebLinkAbout1998-12-08; City Council; Minutes (2)a a
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: December 8,1998
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: 15 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tern Finnila, Council Members Nygaard, Kulchin, Hall
TAKEN OUT OF ORDER:
11. AB #14,970 - APPROVAL OF CONSULTANT AGREEMENT FOR PRELIMINARY
FEASIBILITY STUDY OF AN URBAN INTERCHANGE AT THE PALOMAR AIRPORT
ROAD AND EL CAMINO REAL INTERSECTION - PROJECT NO. 3596.
ACTION: On motion by Mayor Pro Tern Finnila and at the request of the City Manager, this
item was continued to the next Regular Meeting on December 15, 1998.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
A.PPROVAL 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 November 10, 1998. - Nygaard Abstain
Minutes of the Regular Meeting held November 10, 1998 - Nygaard Abstain
Minutes of the Special Meeting held November 12, 1998. - Hall Abstain
Minutes of the Special Meeting held November 17, 1998.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
CONSENT CALENDAR:
Item #6 was removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent
Calendar, Items #1 through #6 with the exception of Item #6 as follows:
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSTAIN: Kulchin - Item # 5.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
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December 8,1998 CITY COUNCIL Page 2
1. AB #14,962 -AWARD OF CONTRACT FOR CURB, GUTTER, AND SIDEWALK
REPLACEMENT, CONTRACT NO. STS98003. ,
Council adopted RESOLUTION NO. 98-395, accepting bids and awarding the contract to Doug
Kost Konstruction for Curb, Gutter, and Sidewalk replacement.
2. AB #14,963 - ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS.
Council adopted RESOLUTION NO. 98-396, making certain findings pursuant to California
Government Code Section 6600 1.
3. AB #14,964 - ADDITION OF PROPERTY TO COMMCTNITY FACILITIES DISTRICT NO. 1-
COLINA ROBLE - ANNEXATION NO. 98-99/1-CT 98-02.
Council adopted RESOLUTION NO. 98-397, certifying and adding property to an existing
Community Facilities District.
4. AB #14,965 - FINANCIAL ASSISTANCE FOR POINSETTIA GARDENS APARTMENTS
AFFORDABLE HOUSING PROJECT AND INTENTION TO ISSUE MULTI-FAMILY
HOUSING REVENUE BONDS FOR CONSTRUCTION OF THE PROJECT.
Council adopted RESOLUTION NO. 98-398, approving a request to provide financial
assistance to Poinsettia Housing Associates, which includes a construction loan in the amount of
$920,000 from the City’s Housing Trust Fund and exemption of the Public Facility Fee, and
approving the related loan documents for construction of ninety-two (92) affordable apartment
units within the Poinsettia Properties Specific Plan;
and,
adopted RESOLUTION NO. 98-399, approving the City’s intention to issue tax-exempt multi-
family revenue bonds for the purposes of financing the construction ninety-two (92) affordable
apartment units, known as Poinsettia Gardens Apartments, within the Poinsettia Properties
Specific Plan and approving $6.5 million as the maximum amount of proceeds of the obligations
to be used for reimbursement of expenditures for the acquisition, construction, and development
of the project that are paid before the date of initial execution and delivery of the obligations;
and,
setting January 12, 1999 as the public hearing date to accept comments from the public on the
City’s intent to issue bonds for the subject project.
5. AB #14,966 - REQUEST TO PREPARE AN AMENDMENT TO THE ZONE 8 LOCAL
FACILITIES MANAGEMENT PLAN - LFMP 87-08(A).
Council adopted RESOLUTION NO. 98-400, approving a request by the Kelly Land Company
to prepare an amendment to the Zone 8 Local Facilities Management Plan.
REMOVED FROM THE CONSENT CALENDAR:
6. AB #14,975 -AMENDMENT OF CONTRACT FOR ENERGY RELATED CONSULTING
SERVICES AND AUTHORIZING A FEASIBILITY STUDY FOR ESTABLISHMENT OF A
REDEVELOPMENT SURVEY AREA.
Council Member Hall excused himself fi-om hearing this item, at 6: 19 p.m., citing a possible conflict of
interest, in that his residence is in the immediate area of this feasibility study.
Gary Hill, of the Gemological Institute of America (GIA), 5345 Armada Drive, Carkbad, encouraged
Council to pursue the redevelopment of the Encina Power Plant area.
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December 8,1998 CITY COUNCIL Page 3
Lew Pritten, 330 Chinquapin Avenue, Carlsbad, stated he didn’t understand the item. He asked if the
sonultant was to determine if the City could make a bid on the power plant. He also stated it would cost
a great deal of money, if purchased, and questioned who would be responsible for the lagoon
maintenance. He urged Council to use more discretion before a great deal of money is spent on
consultants.
Joyce Gammon, 270 Juniper Avenue, Carlsbad, encouraged the elimination of the Encina Power Plant.
She also stated that she is interested in participating in the decision making for the power plant area.
ACTION: Qn motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- 409, authorizing funding for consultant services to complete a study of the
redevelopment survey area and other related studies, and authorizing staff to retain
services of Rosenow Spevacek Group to complete a feasibility study of the
redevelopment survey area.
AYES: Lewis, Finnila, Nygaard, Kulchin,
NOES: None
Council Member Hall returned to the dais at 6:25 p.m.
ORDINANCES FOR ADOPTION:
7. AB #14,967 - AVIARA PLANNING AREA 19 MODIFICATIONS - MP-l77(AA).
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 463, amending the Aviara Master Plan by the amendment of the landscape design
criteria requirements for Planning Area 19, incorporating the California Coastal
Commission’s suggested modifications.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
8. AB #14.976 - ESTABLISHMENT OF SPEED LIMITS ON PORTIONS OF MELROSE DRIVE.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-
464, amending Title 10, Chapter 10.44 of the Municipal Code by the amendment
of Section 10.44.240 to establish a prima facie 55 miles per hour speed limit on
Melrose Drive fi-om Palomar Airport Road to its intersection with Alga Road.
and;
Introduced ORDINANCE NO. NS-465, amending Title 10, Chapter 10.44 of the
Municipal Code by the amendment of Section 10.44.240 to establish a prima facie
55 miles per hour speed limit on Melrose Drive from Rancho Santa Fe Road to its
intersection with Palomar Airport Road.
AYES: Lewis, Finnila, Nygaard, Kulchin,
NOES: Hall
PUBLIC COMMENT: None
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December 8,1998 CITY COUNCIL Page 4
PUBLIC HEARINGS:
9. AB #14,968- SDP 98-10lCDP 98-43 - PI - AVIARA PLANNING AREA 18.
Mayor Lewis opened the duly noticed Public Hearing at 6:38 p.m., and issued the invitation to speak.
Lynn Heidel, of Stephenson Worley Garrott Schwartz Heidel & Prairie, 401 B Street, San Diego,
representing JPI West Coast Development, stated she and several members of her staff were available for
questions.
Heidi Mather, 8910 University Center Lane, San Diego, presented a brief slide show of the JPI product
and urged approval of the project.
Diane Scott, 7243 Spoonbill Lane, Carlsbad, President of the Aviara Master Association, stated
opposition to the use of carports within this project. Ms. Scott further stated that because the Association
has not had an opportunity to review the architectural plans of this project, the Association is requesting
a continuance of this hearing
Jan Sobel, CEO of the Carlsbad Chamber of Commerce, 5620 Paseo del Norte, Suite 128, Carlsbad,
stated the Chamber’s support of this project.
Larry Clemens, representing Aviara Land Associates, 201 1 Palomar Airport Road, Carlsbad, spoke in
favor of this project and PI and urged Council to approve the project.
Jim Winke, 6613 Vireo Court, Carlsbad, stated that when he bought his home, he was told there would
only be single family homes and condominiums in Aviara and there would never be apartments. He
questioned why the apartments should be a part of the Homeowners Association and urged Council to
consider that question before approving or disapproving the project.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 6:59 p.m.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- 401. approving a Site Development Plan and Coastal Development Permit to
allow construction for a 288 unit apartment complex on Coastal Zone property
located at the southeast comer of Poinsettia Lane and Ambrosia Lane in the
Southwest Quadrant.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ADJOURMMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
MEETING:
President Lewis adjourned to the meeting of the Carlsbad Housing and Redevelopment Commission at
7:02 p.m. Council reconvened at 7:06 p.m., with all Council Members present.
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December 8,1998 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #14,969 - HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT.
ACTION: On motion by Mayor Pro Tem, Finnila, Council adopted RESOLUTION NO. 98- 402, authorizing the City Manager to execute an agreement with the City of Vista
to allow Carlsbad Residents to use the household hazardous waste disposal facility
located at 1165 East Taylor Street in Vista.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
11. AB #14,970 - APPROVAL OF CONSULTANT AGREEMENT FOR PRELIMINARY
FEASIBILITY STUDY OF AN URBAN INTERCHANGE AT THE PALOMAR AIRPORT
ROAD AND EL CAMINO REAL INTERSECTION - PROJECT NO. 3596.
This item was taken out of order at the beginning of the meeting and continued to December 15,
1998.
12. AB #14,971 - BEACH EROSION COMMITTEE APPOINTMENTS.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 98-405,
appointing Bruce Macklin and Alan Bartlett to a 4-year term, L. Dale King and
Mike Howes to a 3-year term, and Robert Meyer to a 2-year term on the Beach
Erosion Committee.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-
405, appointing five members to the Beach Erosion Committee.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
13. AB #14,972 - PLANNING COMMISSION APPOINTMENTS.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 98-406, re-
appointing Courtney E. Heineman to the Carlsbad Planning commission;
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
Council Members Hall, Kulchin and Nygaard nominated Ann L’Heureux.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-
407, appointing Anne L’Heureux to the Carlsbad Planning Commission.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
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December 8, 1998 CITY COUNCIL Page 6
14. AB #14,973 -RESULTS OF NOVEMBER 3,1998. GENERAL MUNICIPAL ELECTION
ACTION: On motion by Mayor Pro Tem Finnila, approved RESOLUTION NO. 98-408,
reciting the fact of the General Municipal Election held on November 3, 1998, and
declaring the results and such other matters as provided by law.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
15. COUNCIL REORGANIZATION
A. OATHS OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION.
Ron Ball, City Attorney, gave the Oath of Office and presented a Certificate of Election to City Clerk
Aletha L. Rautenkranz.
Aletha Rautenkranz, City Clerk, gave the Oath of Office and presented Certificates of Election to:
James Stanton, City Treasurer
Claude E. Lewis, Mayor
Julianne Nygaard, Council Member
Matt Hall, Council Member
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Carlsbad Ranch Overlay Zone Workshop, Wednesday, December 9, 1998, 4:OO p.m. to
6:OO p.m., at the Carlsbad Public Safety Center, 2560 Orion Way, Carlsbad.
Carlsbad Convention and Visitors Bureau Holiday Event, Wednesday, December 9,
1998,6:00 p.m. to 8:OO p.m., at the Beach Terrace Inn, 2775 Ocean Street, Carlsbad.
Carlsbad Coastline Review Newspaper Holiday Event, Wednesday, December 9, 1998,
6:OO p.m. to 9:OO p.m., at the Bellefleur Restaurant, 5610 Paseo Del Norte, Carlsbad.
City of Carlsbad Annual Employee Holiday Breakfast and Service Awards Presentation,
Thursday, December 10, 1998, 6:30 a.m., at La Costa Resort, 2100 Costa Del Mar Road,
Carlsbad.
Parks and Recreation Commission Annual Holiday Dinner, Monday, December 14,
1998, 6:OO p.m., at the Carlsbad Senior Center, 799 Pine Avenue, Carlsbad.
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December 8, 1998 CITY COUNCIL Page 7
COUNCIL REORGANIZATION - CONTINUED
C. AB #14.974 - COUNCIL COMMITTEE APPOINTMENTS.
Mayor Lewis referenced a list of committee assignments distributed earlier (on file in the City
Clerk’s Office), and noted there were few changes.
B. ACTION: On motion by Mayor Lewis, Council elected Council Member Hall to the position
of Mayor Pro Tern.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
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 December 8, 1998, was adjourned at 7:34 p.m.
Respectfully submitted,
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ALETHA L. MUTENKRANZ 1
City Clerk