HomeMy WebLinkAbout1999-03-09; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL DATE OF MEETING: March 9,1999
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent:
Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard, Kulchin
None
APPROVAL OF MINUTES:
On motion by Mayor Pro Tern Hall, the Minutes of the following meetings were approved as presented:
Minutes of the Special Meeting held February 9, 1999.
Minutes of the Regular Meeting held February 9, 1999.
Minutes of the Joint Special Meeting held February 9, 1999.
Minutes of the Special Meeting held February 16, 1999. - Finnila - abstained
Minutes of the Regular Meeting held February 16, 1999. - Finnila - abstained
PRESENTATION:
Mayor Lewis presented a Proclamation in recognition of Home Building Week, to John Slaton (Lennar
Homes), Mike Armstrong (Barratt American), and Greg Hastings (Continental Homes), representing the
Buifding Industry Association
Mayor Lewis presented a Proclamation to Jan Giacinti, Executive Director of the Boys and Girls Club,
in recognition of the Boy’s and Girl’s Club Building Dedication.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tern Hall, Council unanimously affirmed the action of
the Consent Calendar, Items # 1 through #7, as follows:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
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1. AB #15,082 - APPROVAL OF THE LA COSTA BRANCH LIBRARY LEASE AMENDMENT.
Council adopted RESOLUTION NO. 99-77, approving an eight month extension of the existing lease with the owners of the Plaza Paseo Real Shopping Center for the La Costa Branch Library, located at 6949 El Camino Real, Suite 200, Carlsbad.
March 9,1999 CITY COUNCIL Page 2
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2.
99 3.
99 4.
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97
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6.
60 7. AI3 #15,088 - APPROVAL OF PURCHASE OF LIABILITY INSURANCE.
ORDINANCE FOR ADOPTION:
96 8.
AB #15,083 - APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE
CARLSBAD POLICE OFFICERS’ ASSOCIATION.
Council adopted RESOLUTION NO. 99-78 , adopting a Memorandum of Understanding with
the Carlsbad Police Officers’ Association concerning compensation, hours and other terms and conditions of employment for the period January 1,1999 through December 3 1,1999.
AB #15,084 - APPROVAL OF AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC
FOR THE JOINT USE OF EASEMENT. CT 93-09 OCEAN BLUFF.
Council adopted RESOLUTION NO. 99-79, approving an agreement between the City of
Carlsbad and San Diego Gas and Electric, for the joint use of property common to both the
SDG&E easement and the City’s right-of-way along Poinsettia Lane, in CT 93-09.
AI3 #15.085 - APPROVAL OF OUITCLAIM OF PIPELINE EASEMENT, OVER A PORTION
OF LOT 7. MARINERS POINT. CMWD PROJECT NO. 86-504.
Council adopted RESOLUTION NO. 99-80, approving the quitclaim of a water pipeline
easement over a portion of Lot 7, Mariners Point, CMWD Project No. 86-504, to Stephen D. and
Tahra Doan.
AI3 #15.086 - APPROVAL OF AN AGREEMENT WITH CIBOLA SYSTEMS, INC.. AND
APPROVAL OF AMENDMENT WITH LAW-GRANDALL. INC. FOR THE CITY LIBRARY
PROJECT, NO. 32441.
Council adopted RESOLUTION NO. 99-81, approving an agreement for Audio-Visual Design
Services with Cibola Systems, Inc. and an amendment to an existing contract with Law-Crandall,
Inc. for continued special inspection and testing services for the Carlsbad City Library Project.
AB #15.087- AWARD OF CONTRACT FOR SIDEWALK IMPROVEMENT PROJECT NO.
3391-4.
Council adopted RESOLUTION NO. 99-82, awarding the contract for construction of the
sidewalk improvement on Chestnut Avenue and Valley Street, Project No: 3391-4, to Gypsy
Queen, Inc.
Council adopted RESOLUTION NO. 99-83, approving the purchase of liability insurance
through the California Municipal Excess Liability (CAMEL) program.
AB #15,089 - AMENDMENT OF MUNICIPAL CODE TO ESTABLISH STOP SIGNS AT
THE INTERSECTION OF HOSP WAY AND FOREST VIEW WAY.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-
472, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, by the addition of Section 10.28.430 requiring stops on Hosp Way at Forest View Way.
AYES. NOES:
Lewis, Hall, Nygaard, Kulchin
Fir&a
March 9,1999 CITY COUNCIL Page 3
PUBLIC COMMENT:
None
PUBLIC HEARING:
108 ‘* Al3 #15.090 - AV 98-07 - RYAN DECORATIVE WALL APPEAL.
Staff stated that the appellant had requested this item be continued to April 6, 1999.
ACTION: On motion by Mayor Pro Tern Hall, Council continued this item to April 6,
1999.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING.
Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 6: 15 p.m.
CONTINUATION OF CITY COUNCIL MEETING:
Council reconvened at 6:39 p.m., with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
114 10. AB #15.091 - REOUEST BY PROPERTY OWNER FOR EXCLUSION FROM PROPOSED
OVERLAY ZONE.
Sally Lyons, 7019 Lavender Way, Carlsbad, stated the Carlsbad Ranch area is a regional issue, and
encouraged Council to deny this request.
Ed Dygert, Attorney,, 19800 MacArthur Boulevard, Suite. 600, Irvine, CA., representing Pacific
Development Partners, referenced his letter to Council dated March 5, 1999 concerning the matter (a
copy of which is on file with the City Clerk). He responded to questions from Council and urged
Council to approve the request to exclude the property from the proposed Commercial/Visitor-serving
overlay zone. He then stated that this parcel is small, slightly larger than five acres, and has been
planned for neighborhood commercial use, and that the overlay zone would preclude development for that use.
ACTION: On motion by Mayor Pro Tern Hall, Council denied the request by property
owner Peter Walsh, to exclude his property from the proposed
Commercial/Visitor Serving Overlay Zone, (ZCA 98-Ol/ZC 99-03/LCPA 98- 05).
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
March 9,1999 CITY COUNCIL Page 4
105 11. AI3 #15,092 - PROJECTS AND FUNDING ALLOCATIONS FOR 1999-2000 CDBGHOME
PROGRAM.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
85, selecting specific projects for funding under the 1999-2000 Community
Development Block Grant/Home Program, omitting #5, the Brother Benno
Project, until further testimony is heard.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
Gentry Terhune, 3279 Madison Street, Carlsbad, spoke in opposition of funding the Brother Benno
Project, due to the traffic impacts of the project in that residential neighborhood, and urged Council to
deny them CDBG/Home funds.
John Breyer, 1870 Outrigger Lane, a volunteer for Brother Benno’s, spoke in favor or the Brother Benno project and requested Council to approve funding for the project.
Chris McCoy, 3420 Camino Largo, Carlsbad, spoke in favor or the Brother Benno project and requested
Council to fund the project. Ms. McCoy also explained some of the services that are provided such as
job training, money management training and tutoring.
Joe Canales, representing Isabelle Canales, 3447 Jefferson Street, Carlsbad, stated that several persons
had contacted him to say they do not want a Brother Benno project in their neighborhood and asked him
to make their wishes known at the Council meeting. He urged Council to deny funds to the project.
Bob Ladwig, 2642 Ocean Street, Carlsbad, spoke in favor of funding the Brother Benno project and
urged Council to approve funding for it.
Barbara Whit&r, 2049 Avenue of the Trees, Carlsbad, urged Council to fund the project. Ms. Whittner
spoke in support of the tutoring programs to help the youth, and the other services provided to help the
working poor.
Deacon Harold Kutler, 1200 North Harbor Drive, Oceanside, explained the differences between the
Brother Benno Project in Oceanside and the one he as been asked to administer in Carlsbad and urged
Council’s support in providing the requested funding. He explained that the focus of the Carlsbad
facility is to help the working poor, stating that 350 families per year have been helped at the Center. He
then responded to questions from Council.
Mayor Lewis stated the issue under consideration is funding; not whether Brother Benno can operate the
facility. Therefore, he would vote to approve funding.
Council Member Finnila stated she is not willing to give $5,000 without a way to establish and monitor the services to be provided, and suggested that the Brother Benno Project be funded on condition that the
owner of this facility will acquire a Conditional Use Permit, which would clearly define the allowed uses.
Mayor Pro Tern Hall and Council Member Nygaard stated their agreement with Council Member
Finnila.
March 9,1999 CITY COUNCIL Page 5
ACTION: On motion by Mayor Pro Tern Hall, Council amended RESOLUTION NO. 99-
85, to include the funding for the Brother Benno Project, with the addition of a
condition that funds for the Brother Benno Project shall not be released until St.
Patrick’s has received a Conditional Use Permit for the operation of the
facilities.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
Council Member Finnila stated she would like the City to start putting the money in the future into building low income housing, and suggested Council’s Funding Plan Strategy be changed.
ACTION: Mayor Lewis appointed Council Member Finnila and Mayor Pro Tern Hall to an
ad-hoc committee to consider changes to the program priorities for Program
Year 2000-200 1.
RECESS:
Mayor Lewis declared a recess at 8: 14 p.m. Council reconvened at 8:24 p.m. with five Council Members
present.
ITEM TAKEN OUT OF ORDER:
The following item was taken out of order and heard at this time:
86 13. AB #15,094 - SALE OF NEWSPAPERS BY STREET VENDORS.
Ron Ball, City Attorney, stated that a letter had been received from the North County Times, requesting
Council to delay action on the matter and from a sub-committee to review the matter.
ACTION: A motion was made by Mayor Pro Tern Hall, and seconded by Mayor Lewis, to
continue the matter, and to form an ad hoc committee to explore the issue of the
sale of newspapers by street vendors. The motion was subsequently withdrawn,
with concurrence of the second.
Richard High, North County Times Publisher, 1738 Fanwood Court, Oceanside, discussed the issues
surrounding the City ordinances governing the sales of printed materials by the Alpha Project street
vendors. Mr. High suggested alternative forms of regulations and urged Council to approve the
continuance of the Program.
Jan Sobel, Chief Executive Officer, Carlsbad Chamber of Commerce, 5620 Paseo de1 Norte, Suite 128,
Carlsbad, stated the Chamber’s Board of Director’s unanimous support of this program and urged
Council to consider a compromise to allow the sale of newspapers by street vendors to continue.
Mark Henchen, 3705 So. Ridge Way, Oceanside, Circulation Director of the North County Times,
addressed safety and training issues. He stated he met with the Los Angeles Times and they agreed that the North County Times hawkers would sell both newspapers; thereby reducing the number of hawkers
on the streets. Mr. Henchen then responded to questions from Council and urged Council to approve the continuance of this program. He also explained that there are only 3 hawkers in the Carlsbad area at this
time.
Jack Nelson, 1360 Las Flores Drive, Carlsbad, stated his interest in the Alpha Project and spoke very highly of the street vendor program. Mr. Nelson made suggestions to enhance the program and negotiate
the safety issues, such as the application of conditions or qualifications for the vendors.
March 9,1999 CITY COUNCIL Page 6
Pat Larko, 13814 Jack Oak Lane, Lakeside, CA, of Upscale Sales, Inc., who directs the San Diego Union
Tribune Hawker Program, pointed out several excellent qualities of both the program and the men who participate in the program. Ms. Lark0 stated that she would like the opportunity to participate on any
committee that may be formed to study the issues surrounding the Hawker Program.
Henry Jones, 993 Postal Way, Vista, a participant in the Hawker Program, explained some of the positive
aspects of hawking from hawker’s point of view and urged Council to seek resolution of the issues and
approve the program.
Chris Meggeson, Director of the Alpha Project, 245 Blockton Rd., Vista, encouraged Council to hold a
forum to discuss the issues, in a collective effort to finding solutions to the problems.
Tom Clabeaux, 993 Postal Way, Vista, spoke of some of his experiences with the Hawker Program and
how it has gotten him back into the main stream, and urged Council to find solutions to the issues.
Although the following persons did not testify, 31 members of the audience submitted a “Request to
Speak” form, to establish their collective support for the continuance of the Alpha Project’s Newspaper Hawkers Program in Car&bad.
Carl Adkison
Ric Blodgett
Kit Bradford
Jay Brechtel
Jon Brechtel
Richard Brooks
Calvin Carter
Ed Cat&o
Christopher Allen Cresap
Michael L. Dams
Omar Gonzalez
Mathew Hammond
Michael Hendricks
Jerry Ibarra
Thaddeus A. Judson
John Knight
Donald Kozak
James T. Lowrie Arthur Luj an Ty Oller
Byron Pasch
Fred Patenge Jason Rainey
Robertino C. Rosselini
Dennis St.Julien
Dan-in Sprong
Stephen Stockdale David Sullivan
Robert L. Tharp
Bruce Vetovick Tim Walker
Jeremy York
993 Postal Way
2825 Foothill Dr.,
993 Postal Way
991 Postal Way
993 Postal Way
993 Postal Way
933 Postal Way 993 Postal Way
993 Postal Way
993 Postal Way
993 Postal Way
993 Postal Way 993 Postal Way
993 Postal Way
845 5 Calle Morelos
993 Postal Way
993 Postal Way 993 Postal Way
993 Postal Way
993 Postal Way
993 Postal Way 993 Postal Way 993 Postal Way
993 Postal Way 993 Postal Way
993 Postal Way 993 Postal Way
993 Postal Way 993 Postal Way
993 Postal Way
993 Postal Way
993 Postal Way
Vista
Vista Vista
Vista
Vista
Vista
Vista
Vista
Vista
Vista
Vista
Vista
Vista
Vista San Diego
Vista Vista
Vista
Vista
Vista
Vista
Vista
Vista Vista
Vista Vista
Vista
Vista Vista
Vista Vista
Vista
March 9,1999 CITY COUNCIL Page 7
Mayor Lewis stated he cannot support continuation of the Hawker Program, citing safety issues.
Council Member Finnila stated she cannot support the Newspaper Hawker Program nor could she
support any type of selling in the streets of Carlsbad, also citing safety issues.
ACTION: On motion by Mayor Pro Tern Hall, Council directed the Police Department to
continue enforcement, and approved the formation of an ad-hoc committee of
Council members Kulchin and Nygaard to study the issue of newspaper hawking
in the City.
AYES: Hall, Nygaard, Kulchin
NOES: Lewis, Finnila
77 12. AB #15.093 - CITY ADMINISTRATION OF THE LCP AGRICULTURAL MITIGATION
FEE.
Bob Richards, 4615 Park Drive, Carlsbad, President of the Agua Hedionda Lagoon Foundation, expressed support for the staff recommendations.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO . 99- & requesting that the California Coastal Conservancy return the balance of the
“LCP Account” for City administration of the LCP Agricultural Mitigation Fee Program; and directed staff to process any amendments to the City’s LCP required to carry out
City administration of the account.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
86 13. AI3 #15.094 - SALE OF NEWSPAPERS BY STREET VENDORS.
This item was taken out of order and heard earlier. (See page 5).
76 14. Al3 #15.095 - PLANNING COMMISSION APPOINTMENTS.
Council Members nominated the following persons for appointments to the Planning Commission:
Council Member Kulchin - Seth Schulberg and Jeff Segall
Council Member Nygaard - Seth Schulberg and Jeff Segall
Council Member Finnila - Seth Schulberg and William Kamenjarin
Council Member Hall - Seth Schulberg and William Kamenjarin
Mayor Lewis - Seth Schulberg and Jeff Segall
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 87, appointing Seth Schulberg to the Planning Commission;
and, adopted RESOLUTION NO. 99-88, appointing Jeff Seagall to the Planning
Commission;
AYES.
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
March 9,1999 CITY COUNCIL Page 8
28 15. AI3 #15.096 - SISTER CITY COMMITTEE APPOINTMENTS.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-52,
appointing Dr. Leonard Martyns to the Sister City Committee.
AYES: Lewis, Hall, Pinnila, 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:
None
ADJOURNMENT:
By proper motion, the Regular Meeting of March 9, 1999, was adjourned at 9:35 p.m.
Respectfully submitted,
ALETHA L. RAUTENKRANZ
City Clerk