HomeMy WebLinkAbout1999-02-16; City Council; Minutesr 0
MINUTES
MEETING OF :
DATE OF MEETING:
TIME OF MEETING:
PLACE OF MEETING:
CITY COUNCIL
February 16,1999
6:00 p.m. City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tern Hall, Council Members Nygaard, Kulchin
Absent: Council Member Finnila
LEGISLATIVE INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Carlsbad Chamber of Commerce Student and Teacher Recognition Event, to be held on
Wednesday, February 17, 1999, at 4:00 p.m. at the Carlsbad Public Safety and Service Center,
2560 Orion Way, Carlsbad.
Carlsbad Senior Commission Celebration of Volunteers, to be held on Friday, February 19, 1999,
at 5:30 p.m. at the La Costa Resort, 2100 Costa Del Mar Road, Carlsbad.
Carlsbad Republican Women Federated Membership Luncheon, to be held on Tuesday, February
23, 1999, from lo:30 a.m. to 1:30 p.m., at the Olympic Resort Hotel, 6111 El Camino Real,
Carlsbad.
Carlsbad City Council Northeast Quadrant Community Forum, to be held on Tuesday, February
23, 1999, at 7:00 p.m., at the Carlsbad City Hall Council Chambers, 1200 Carlsbad Village
Drive, Carlsbad.
Jefferson School Groundbreaking Ceremony, to be held on Wednesday, February 24, 1999, at
10:00 a.m., at 3743 Jefferson Street, Carlsbad.
Rubio’s Restaurants Headquarters Grand Opening, to be held on Thursday, February 25, 1999, at 5:00 p.m., at 1902 Wright Place, Carlsbad.
Sound Express Concert, to be held on Friday, February 26, 1999, at 7:30 p.m., at the Carlsbad Community Cultural Arts Center, 3557 Monroe Street, Carlsbad.
APPROVAL OF MINUTES:
None
81 1. AB #15.053 - ACCEPTANCE OF DONATIONS.
This item was removed from the Consent Calendar.
84
4.5
2. Al3 #15.054 - AWARD OF CONTRACT FOR CUSTODIAL MAINTENANCE.
Council adopted RESOLUTION NO. 99-59, accepting a bid and authorizing the execution of an
agreement, for custodial maintenance services, with Quality Building Maintenance.
84 3. AB #15,055 - AWARD OF BID FOR PURCHASE OF FIRE HOSE.
Council adopted RESOLUTION NO. 99-60, approving the purchase of fire hose from Fire
Service Specification, Allstar Fire Equipment Inc. and Supply, and KMP Fire, for the period
from February 17,1999 through February 16,200O.
63 4. AB #15,056 - ACCEPTANCE OF PROPOSAL FOR LIBRARY FURNITURE.
Council adopted RESOLUTION NO. 99-61, accepting the proposal from S::Two, Inc., for the
purchase of furniture for the new Carlsbad Library.
99
99
5. Al3 #15.057 - APPROVAL OF OUITCLAIMS FOR PORTIONS OF CITY OPEN SPACE
EASEMENTS, AVIARA PLANNING AREA 26 SOUTH UNIT 1. PR 3.7.088 THROUGH PR
3.7.112. (c7- 40-34)
Council adopted RESOLUTION NO. 99-62, approving quitclaim deeds for portions of existing open space easements, originally dedicated to the City of Carlsbad for Aviara Planning Area 26,
South Unit 1, and located at the rear of properties along Corvidae Street and Calidris Lane.
6. AB #15.058 - APPROVAL OF REIMBURSEMENT AGREEMENT WITH SHEA HOMES
FOR EL CAMINO REAL MEDIAN CONSTRUCTION COSTS. (crp/- 03)
Council adopted RESOLUTION NO. 99-63, approving a reimbursement agreement with Shea Homes for costs of construction of a portion of the El Camino Real median and authorizing
appropriation of funds from the Public Facilities Fund for the construction of the northeasterly half of the median in El Camino Real.
February 16,1999 CITY COUNCIL Page 2
CONSENT CALENDAR:
Item # 1 was removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tern Hall, Council unanimously afIirmed the action of
the Consent Calendar, Items # 1 through #lo, with the exception of Item #l as
follows:
AYES: Lewis, Hall, Nygaard, Kulchin
NOES: None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
February 16,1999 CITY COUNCIL Page 3
104
64
45
41
39
81
99
113
7. AB #15,059 - REOUEST TO SANDAG FOR TRANSPORTATION DEVELOPMENT ACT
JTDA) FUNDING FOR FOUR PEDESTRIAN AND BICYCLING PROJECTS.
Council adopted RESOLUTION NO. 99-64, authorizing staff to pursue Transportation
Development Act (IDA) funding from SANDAG for construction of the following bicycle and
pedestrian facilities: Faraday Avenue Cycle Lanes, Alga Road Sidewalk, Valley Street
Sidewalk, and Laguna Drive Sidewalk.
8. AI3 #15.067 - AWARD OF BID FOR LANDSCAPE MEDIAN MAINTENANCE.
Council adopted RESOLUTION NO. 99-70, accepting the bid and authorizing the execution of
an agreement with Landscape West, Inc. for landscape median services.
9.
10.
AB #15,069 - SETTLEMENT OF STOFFEY V. CITY. CASE NO. 76349.
Council accepted the report on the terms and conditions of the settlement, as required by the
Brown Act, in Stoffev v. Citv, Case No. 76349.
AB #15.063 - REVISION OF CITY INVESTMENT POLICY.
Council adopted RESOLUTION NO. 99-68, adopting the revised City Investment Policy dated
February 9,1999, as recommended by the City Treasurer.
ITEM REMOVED FROM CONSENT CALENDAR:
1. AB #15,053 - ACCEPTANCE OF DONATION.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
99-58, accepting a cash donation of Five Hundred Dollars ($500) from Amy
Kraft in support of the Recreation Opportunity Grants Scholarship Fund.
AYES: Lewis, Hall, Nygaard, Kulchin
NOES: None
ORDINANCE FOR ADOPTION:
11. AB #15.060 - LOHF SUBDIVISION ZC 97-06 (CT 97-15/HDP 97-lG/CDP 97-391.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-
469, amending Title 21 of the Municipal Code by an amendment to the zoning
map to grant a zone change, ZC 97-06, from Limited Control (L-C) to One
Family Residential with a Qualified Development Overlay, (R-1-7,500-Q), for
36.7 acres of property, generally located west of El Camino Real, between Cassia Road and Dove Lane in Local Facilities Management Zone 2 1.
AYES: Lewis, Hall, Nygaard
NOES: Kulchin
February 16,1999 CITY COUNCIL Page 4
PUBLIC COMMENT:
Lynne Baker, 12391 Cornwallis Square, San Diego, Parks and Open Space Chairperson of the San Diego
and Imperial Counties Sierra Club, spoke of issues surrounding the Box Canyon Special Use Permit. She
expressed opposition to the use of explosives in the area and requested that other alternatives be
considered.
PUBLIC HEARINGS:
78 12. Al3 #15,061- LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING.
Mayor Lewis opened the duly noticed Public Hearingat 6:22 p.m. Seeing no one wishing to testify,
Mayor Lewis closed the Public Hearing at 6:22 p.m.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
65, accepting specific projects for funding under the Department of Justice Local
Law Enforcement Block Grant Funding.
AYES: Lewis, Hall, Nygaard, Kulchin
NOES: None
78 13. AB #15.068 - SUPPLEMENTAL LAW ENFORCEMENT FUNDING FOR FISCAL YEAR
1998-99.
Mayor Lewis -opened the duly noticed Public Hearing at 6:25 p.m. Seeing no one wishing to testify,
Mayor Lewis closed the Public Hearing at 6:25 p.m.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO 99-
66, accepting Supplemental Law-Enforcement (AB 3229) funding for 1998-99 to
fund two full-time Police Officers for the year-round bicycle patrol program.
AYES: Lewis, Hall, Nygaard, Kulchin
NOES: None
99
113
14. Al3 #15.062 - BRINDISI - MP 177(W)/LCPA 97-lo/CT 97-17/CP 98-lO/CDP 97-46.
Mayor Lewis opened the Public Hearing at 6:43 p.m.
Klaus Mendenhall, 2835 Camino de1 Rio, Suite #220, San Diego, Aviara Project Manager for the Brehm
Companies, stated they are in agreement with the staff report and the conditions of approval and urged Council to approve this project.
Paula Lombardi, Vice President of Development for the Brehm Companies, responded to questions from
Council regarding the height and design of the buildings, and the proposed walls surrounding the project.
Seeing no one else wishing to testify, Mayor Lewis closed the Public Hearing at 6:47 p.m.
Mayor Lewis referenced the Harmony Grove fire, and reiterated his concern about circulation and his
resolve to vote against any project with only one entrance/exit.
February l&l999 CITY COUNCIL Page 5
81 15. AB #15,064 - MEMORANDUM OF UNDERSTANDING FOR THE SALE OF THE PINE
45 SCHOOL PROPERTY.
74
ACTION: On motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS
-470, adopting an amendment to the Aviara Master Plan relative to Planning
Area 19, to create 90 airspace condominium units ,on property generally located
at the northeast comer of Poinsettia Lane and Ambrosia Lane, in Local Facilities
Management Zone 19; and,
adopted RESOLUTION NO. 99-67, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Master Plan
Amendment, Local Coastal Program Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit, to create 90 airspace
condominium units on property located at the northeast corner of Poinsettia Lane and Ambrosia Lane, in Local Facilities Management Zone 19, as amended to
add the following subsection to Condition No. 12, of Planning Commission
Resolution No. 444 1:
“E. Notice of Disclosure. The CC&Rs developed for this project shall include a
notice of disclosure to future property owners that homes in the Brindisi
development may be impacted by noise, light and/or traffic impacts from the
future community park located to the north of the subject property.”
AYES: Hall, Nygaard, Kulchin
NOES: Lewis
DEPARTMENTAL AND EXECUTIVE DIRECTOR REPORTS:
Senior Management Analyst, Keith Beverly, presented the staff report and reported that the School
District had requested that Paragraph iv, Section 4 be deleted from the MOU. He also referenced a letter,
dated February 1, 1999, from CUSD regarding appraisal of the property, and the District’s request that
the letter be made-a part of the MOU.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
69, authorizing the Mayor to sign a Memorandum of Understanding between the
City of Carlsbad and the Carlsbad Unified School District outlining an
acquisition strategy for the sale of the Pine School property for community
recreation purposes and directing staff to initiate the acquisition process. (See page 6 for additional action on this item.) -
AYES: NOES: Lewis, Hall, Nygaard, Kulchin None
16. AB #15.065 - ADDITIONAL SERVICE CREDIT FOR ELIGIBLE EMPLOYEES RETIRING FROM CITY SERVICE.
ACTION: On motion by Mayor Pro Tern Hall, Council received the report regarding PERS
One to Four Years Additional Service Credit for eligible employees retiring from
City Service, and directed staff to place the item on the March 2, 1999 agenda.
AYES:
NOES:
Lewis, Hall, Nygaard, Kulchin
None
. ,. . e 0
February 16,1999 CITY COUNCIL Page 6
67 17. AB #15,066 - OVERSIZE VEHICLE OR LOAD PERMIT PROGRAM.
ACTION: On motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-
471, amending Title 10 of the Carlsbad Municipal Code by the addition of Chapter
10.33, establishing an oversize vehicle or load permit program.
AYES: Lewis, Hall, Nygaard, Kulchin
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:
RECONSIDERATION OF ITEM NO. 15:
81 15. AB #15,064 - MEMORANDUM OF UNDERSTANDING FOR THE SALE OF THE PINE
45 SCHOOL PROPERTY.
Ron Ball, City Attorney requested that Council reconsider Agenda Item No. 15, explaining that the
reason for the request is to clarify the Council’s action regarding the School District’s request to delete
Paragraph iv of Section 4 from the MOU. Mr. Ball also stated that he now had a copy of the School
District’s letter, dated February 1, 1999, which would be made a part of the record of the hearing.
ACTION: On motion by Mayor Pro Tern Hall, Council agreed to reconsider the item, and approved the deletion of Paragraph iv from Section 4 of the Memorandum of
Understanding with the Carlsbad Unified School District for the sale of the Pine
School Property.
AYES:
NOES:
Lewis, Hall, Nygaard, Kulchin
None
ADJOURNMENT:
By proper motion, the Regular Meeting of February 16, 1999, was adjourned at 7:22 p.m.
Respectfully submitted,
wd- * ALETHA L. RAUTENKRANZ City Clerk I