HomeMy WebLinkAbout1999-09-14; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 14,1999
TIME OF MEETING: 6:00 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 Assistant City Clerk, as follows:
Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila, Nygaard, and
Kulchin
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Hall, Minutes of the following meetings were unanimously approved as
presented:
Minutes of the Special Meeting held August 9, 1999.
Minutes of the Special Meeting held August 10, 1999.
Minutes of the Joint Special Meeting held August 10, 1999.
Minutes of the Regular Meeting held August 10, 1999.
Minutes of the Special Meeting held August 17, 1999.
Minutes of the Regular Meeting held August 17, 1999.
Minutes of the Special Meeting held August 24, 1999.
ANNOUCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Pacific Rim Elementary School Grand Opening, Wednesday, September 15, 1999, 9:30 a.m., at 1 100
Camino de las Ondas, Carlsbad.
The Island @ Carlsbad Groundbreaking, Wednesday, September 15, 1999, 10:OO a.m., at the Southwest
Comer of College Avenue and Faraday, Carlsbad.
Lucent Technologies Titania Division Grand Opening, Thursday, September 16, 1999,5:00 p.m., at 2 10 1
Faraday, Carlsbad.
Assembly Member Pat Bates Office Open House, Friday, September 17, 1999, 5:00 p.m., at 302 N.
Coast Highway, Oceanside.
Library Preview Event, Saturday, September 18, 1999, 5:00 p.m., 1775 Dove Lane, Carlsbad.
Children's Discovery Museum of North County Benefit Event, September 18, 1999,7:00 p.m., at the
Bellefleur Restaurant, 5610 Paseo Del Norte, Carlsbad.
September 14,1999 CITY COUNCIL Page 2
CONSENT CALENDAR:
Items #2, #5, #8, #13, #14, and #15 were removed fi-om the Consent Calendar.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent
Calendar, Items #1 through #20, with the exception of Items #2, #5, #8, #13,
#14, and #15, 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.
1. AB #15.372 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City's investment
portfolio as of July 3 1, 1999.
2. AB #15.373 - ACCEPTANCE OF DONATIONS.
This item was removed from the Consent Calendar.
3. AB #15,374 - FINAL MAP FOR CARLSBAD TRACT 98-08, MEADOWVIEW
TOWNHOMES.
Council adopted RESOLUTION NO. 99-302, approving the final map for Meadowview
Townhomes.
4. AB #15.375 - AWARD OF BIDS FOR ANCILLARY OFFICE FURNITURE ITEMS.
Council adopted RESOLUTION NO. 99-303, accepting the bids from Office Pavilion of San
Diego and Contract Interiors for the purchase and installation of off-contract office furniture for
the new Faraday Administrative Building.
5. AB #15,376 - ACCEPTANCE OF DONATION.
This item was removed fi-om the Consent Calendar.
6. AB #15,377 - APPROVAL OF CONTRACT CHANGE ORDER NO. 1 WITH NICHOLAS
GRANT CORPORATION FOR THE LA GRAN VIA REMOVAL AND RECONSTRUCTION
PROJECT. PROJECT NO. 3667- 1B.
Council adopted RESOLUTION NO. 99-305, approving Change Order No. 1 for the
construction of the La Gran Via Removal and Reconstruction Project for the removal of both
extra existing asphalt and saturated subgrade and subsequent replacement with a thicker asphalt
section.
September 14,1999 CITY COUNCIL Page 3
7. AB #15.378 - AWARD OF BIDS FOR TRAFFIC SIGNALS. PROJECT NO. 3588.
Council adopted RESOLUTION NO. 99-306, accepting bids and awarding a contract to HMS
Construction for the construction of traffic signals at Aviara Parkway and Poinsettia Lane.
8. AB #15,379 - APPROVAL OF CONSULTANT AGREEMENT FOR PREPARTION OF A
PROGRAM ENVIRONMENTAL IMPACT REPORT.
This item was removed from the Consent Calendar.
9. AB #15.380 - ESTABLISHMENT OF MANAGEMENT ASSISTANT POSITON.
Council adopted RESOLUTION NO. 99-308, establishment a new Management Assistant
position in the Development Service Section of the Public Works Major Service Area (MSA),
and appropriating funds for salary and benefits.
10. AB #15.381 - ESTABLISHMENT OF BUSINESS SYSTEMS SPECIALIST AND REVISION
OF MAIL CLERWMESSENGER CLASSIFICATION .
Council adopted RESOLUTION NO. 99-309, adopting the new classification and salary for
Business Systems Specialist, and revising classification description for Mail Clerk/Messenger,
and amending the General Employees' Salary Schedule.
11. AB #15,382 - APPROVAL OF AGREEMENT WITH SAN DIEGO GAS & ELECTRIC FOR
JOINT USE OF REAL PROPERTY - ISLANDS RESTAURANT - SDP 97-24.
Council adopted RESOLUTION NO. 99-326, approving an agreement with San Diego Gas &
Electric for joint use of the area common to both the SDG&E easement and the City's dedicated
street right-of-way for Palomar Airport Road, for the Islands Restaurant, SDP 97-24.
12. AB #I 5.383 - APPROVAL OF AGREEMENT WITH COR-0-VAN MOVING AND
STORAGE INCORPORATED, FOR THE FARADAY BUILDING PROJECT, PROJECT NO.
3647 1.
Council adopted RESOLUTION NO. 99-310, approving a consultant agreement with COR-0-
VAN Moving and Storage, Incorporated, for relocation planning and moving services for the
Faraday Building Project.
13. AB # 15.3 84 - APPROVAL OF THE COMMUNITY ACTIVITY GRANTS PROGRAM.
This item was removed from the Consent Calendar.
14. AB #15.385 - FINANCIAL RESULTS FOR THE FISCAL YEAR ENDING JUNE 30.1999.
This item was removed from the Consent Calendar.
15. AB #15.386 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE COLE LIBRARY
REMODEL PROJECT, CITY PROJECT NO. 3 3 84 1.
This item was removed from the Consent Calendar.
September 14,1999 CITY COUNCIL Page 4,
74 16. AB #15.387 - PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM FOR
MANAGEMENT CLASSIFICATIONS.
Council adopted RESOLUTION NO. 99-315, amending the Management Salary Structure, and
establishing a Base Pay Increase Matrix to provide for base pay increase for eligible
management employees.
7 0 - 17. AB #15,3 88 - RATIFICATION OF CONTRACT AMENDMENT FOR DESIGN AND
45 CONSTRUCTION MANAGEMENT OF CARLSBAD SKATEBOARD PARK.
Council adopted RESOLUTION NO. 99-316, ratifying Contract Amendment No. 3, with David
Evans and Associates, for the design and construction management of the Carlsbad Skateboard
Park.
9 7 18. AB #15,389 - APPROVAL OF APPROPRIATIONS FOR FARADAY AVENUE GRADING
- 45 AND DRAINAGE PROJECT, PROJECT NO. 3593.
Council adopted RESOLUTION NO. 99-317, approving additional funds for the construction of
the Faraday Avenue grading and drainage improvements; and
Council adopted RESOLUTION NO. 99-318, approving Amendment No. 1 to an agreement
with Leighton and Associates, Inc. for geotechnical services during the rough grading for
Faraday Avenue Grading and Drainage Project; and
Council adopted RESOLUTION NO. 99-319, approving Amendment No. 4 to an agreement
with O'Day Consultants, Inc. for design services for the Faraday Avenue Extension for
Improvement Plans, Project Specifications and Cost Estimates.
19. AB #15.390 - CLASSIFICATIONS OF VACATION ACCRUAL PRACTICE FOR
74 MANAGEMENT AND GENERAL EMPLOYEES.
Council adopted RESOLUTION NO. 99-320, approving the compensation of affected
management and CCEA represented employees for vacation hours in excess of the accrual
maximums and limiting the City's fiscal liability to existing accrual maximums for affected
management and CCEA represented employees, and establishing an annual voluntary conversion
of accrued vacation hours for affected management employees.
3 5 20. AB #15,391 - REORGANIZATION OF THE CITY ATTORNEY'S OFFICE.
Council adopted RESOLUTION NO. 99-321, approving the job description for the
Management Services classification of Deputy City Attorney, and amending the Management
Salary Structure to add the Deputy City Attorney position.
September 14,1999 CITY COUNCIL Page 5
ITEMS REMOVED FROM THE AGENDA:
81 2. AB #15,373 - ACCEPTANCE OF DONATIONS.
Council Member Nygaard recognized the thirty-three businesses and organizations who made donations
of products or services, totaling $12,508.00, in the support of the Carlsbad Skateboard Park.
ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION
NO. 99-301, accepting donations and in kind services from various businesses
and organizations in support of the Carlsbad Skateboard Park.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
5. AB #15,376 - ACCEPTANCE OF DONATION.
Ms. Joan Kindle, 2622 El Aguila Lane, Carlsbad, Volunteer Curator of the Leo Carrillo Ranch Park,
thanked Mr. Pickett for the donation of the Combine Bean Harvester, dating from the early nineteen
hundreds, and stated that the harvester has been moved to the Park.
ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION
NO. 99-304, accepting a donation of a Ventura Combine Bean Harvester from
Mr. Don Pickett in support of the Leo Carrillo Ranch Park.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
8. AB #15,379 - APPROVAL OF CONSULTANT AGREEMENT FOR PREPARTION OF A
PROGRAM ENVIRONMENTAL IMPACT REPORT.
Upon inquiry from Council Member Finnila, Debbie Fountain, Director of Housing and Redevelopment,
stated that the environmental impact report will include the Lanikai Mobile Home Park. She further
stated the final determination of the area boundaries, including the exclusion or inclusion of the Lanikai
Mobile Home Park, would be brought back to Council for review and approval.
ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION
NO. 99-307, appropriating funds and approving a consultant agreement with
Culbertson, Adams & Associates for preparation of the program environmental
impact report for establishment of a second Redevelopment Project Area.
AYES: Lewis, Finnila, Nygaard, Kulchin
NOES: None.
ABSTAIN: Hall
Mayor Pro Tem Hall, citing conflict of interest, abstained from the vote on this item.
September 14,1999 CITY COUNCIL Page 6
13. AB #I 5.3 84 - APPROVAL OF THE COMMUNITY ACTIVITY GRANTS PROGRAM.
Council Member Nygaard asked Council for comments on the design of the Community Activity Grants
Program procedures.
Council Member Finnila gave a brief outline of the Program's background stating that selection and
approval of Community Activity Grants will initially be made by the Council subcommittee and that after
the first fiscal year the administration of the program is recommended to be by a citizen committee.
Council Member Kulchin stated that she would like to have Community members included in the process
at this time.
Mayor Lewis stated his preference that the Community Development Block Grant Funding members,
who review similar matters, should administer the current program.
Council Member Finnila restated that the intent of the Council subcommittee is to serve as administrators
only for the first year and that direction of the Program would be turned over to a citizen's committee in
subsequent years.
ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION
NO. 99-311, approving the design of the Community Activity Grants Program,
appropriating hds and appointing a Council subcommittee to review grant
applications for FY 1999-2000.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
Council Member Finnila announced that the deadline for applications for the Community Activity Grants
is October 14, 1999 and that the applications should be turned in to the Finance Department. She also
indicated that grant guidelines are available in the Program Instructions.
Mayor Lewis stated that Council Member Nygaard and Council Member Finnila would continue as to
serve on the Special ad hoc Community Activity Grants Sub-committee.
14. AB #15.385 - FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,1999.
Council Member Finnila announced that this item includes the addition of 339 hours of operation for the
City pool as follows: 1 .) added weekend recreation and lap time of 1 hour per day, 2.) increase of
weekend recreation and lap time of one hour per day throughout the school year, 3.) extended adult swim
time in unused lanes on weekday evenings.
Council requested a staff report be generated in six months evaluating how the increased pool hours
program is working.
September 14,1999 CITY COUNCIL Page 7
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION
NO. 99-312, approving the reduction of the amount of the General Fund loan
needed for the property acquisition at 3363 Tyler Court; and
Council adopted RESOLUTION NO. 99-313, approving an appropriation from
the Council Contingency Fund for the Aquatics Program to extend the
community pool hours of operations.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ABSTAIN: Mayor Pro Tem Hall (Resolution No. 99-3 12 only)
Mayor Pro Tem Hall, citing conflict of interest, abstained fkom the vote on Resolution No. 99-3 12.
6 3 15. AB #15,386 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE COLE LIBRARY
REMODEL PROJECT, CITY PROJECT NO. 3 3 84 1.
Municipal Projects Manger John Cahill presented an overview of the Cole Library Remodel and
emphasized that the project is ready for the bid process. He stated that the construction timeline will be
shortened to approximately three months and that there will be a late completion penalty and a bonus for
early completion.
Library Director Cliff Lange described the new amenities that will be included in the Cole Library
Remodel such as new carpeting and paint, new shelving end panels, furniture and service desk, and 38
personal computers.
Chris Holt, Library Services Specialist, described interim services offered at the Cole Library. The old
Library Conference room will be converted to house a 50150 mix of adult and children's books. There
will be two personal computers for public use and the reference and genealogy sections will be open.
The hours of operation will be 12-5 p.m. Monday through Friday and 9 a.m. - 1 p.m. on Saturdays.
Upon Council inquiry, Mr. Lange stated that he estimates that the Cole Library will be re-opened at the
beginning of February, 2000. He also announced that the La Costa Branch will close at 5 p.m. on
Saturday, September 18, 1999 and the new Library will open to the public on Saturday, September 25,
1999.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 99-314, approving plans and specifications and authorizing the City Clerk
to advertise for bids for the Cole Library Remodel Project.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
PUBLIC COMMENT:
Don Jackson, 260 Normandy Lane, stated his appreciation of the Parks and Recreation Department's
work to maintain clean beaches in Carlsbad. He also stated that Saturday, September 18, 1999, at 8:00
a.m., there will be a clean-up of the Buena Vista Lagoon and interested parties should meet at the Buena
Vista Nature Center.
JoyLynn Cobbs, 1079 Seahorse Court, PTA President of Pacific Rim Elementary School, stated her
concern about the traffic at the Camino De Las Ondas and Hidden Valley Road intersection and the
September 14,1999 CITY COUNCIL Page 8
safety of the school children crossing at this location. She urged staff and the Traffic Commission to
complete the traffic study at this location and to recommend either a three-way stop be installed or an
additional crossing guard posted at the intersection. She stated that she believes some of the traffic
problems stem from commuters using Camino De Las Ondas and Hidden Valley Road as a short cut to
Palomar Airport Road. Ms. Cobbs distributed a letter dated September 14, 1999, from Bridget L. Wright,
Chairperson, Safety Committee, and a map of the areas under discussion. (These materials are on file in
the City Clerk's Office).
Bob Johnson, Deputy City Engineer, stated that the City follows a process of engineering, education and
enforcement in the analysis of traffic issues. He discussed the preliminary traffic studies and work, such
as the installation of two all-way-stops and cross walk striping, that had been initiated at the Pacific Rim
Elementary School in anticipation of its September opening. He stated that traffic studies need to be
performed over time to assess not only the initial traffic caused by a new school opening, but also the
patterns of traffic after school has been in session for several weeks.
Police Sergeant Kelly Cain discussed the enforcement services he and his staff have provided to the
Pacific Rim Elementary School since its opening. He also stated that the City contracts with Western
Staff Service for staffing school crossing guard positions and that the Service is having problems filling
all the positions needed by the City.
Upon inquiry fkom Council, Sergeant Cain stated that parents or unpaid volunteers have not been
assigned to crossing guard positions because of liability issues.
Council concurred that this matter should be placed on an future Council Agenda.
Earl C. Ortell, 3619 Laredo Street, read from a speech he prepared detailing a parked Recreational
Vehicle (Sh wheel) that blocks the view from his front window and asking the City to add an amendment
to the City Code regulating the parking of RV's on private property. He asked that RV's be located at
least five feet from any property line when parked or stored on side property. (A copy of this speech
dated September 14, 1999, a letter to Assistant City Manager Frank Mannen, dated August 20, 1999 and
pictures are on file in the City Clerk's Office).
Bernie Vitek, 3620 Laredo Street, concurred with Mr. Ortell's assessment of the RV blocking the Ortell
view at 3619 Laredo Street. He noted that the RV extends beyond the front of Mr. Ortell's house and that
the vehicle has tom up both pavement and lawn during parking maneuvers.
PUBLIC HEARING:
2 1. AB #15,392 - LCPA 98-05(A)/ZCA 98-0 1(A) - COMMERCIALNISITOR-SERVING
OVERLAY ZONE COASTAL COMMISSION MODIFICATIONS.
Mayor Pro Tem Hall and Council Member Nygaard, citing potential conflict of interest, left the dais at
7:21 p.m.
Eric Munoz, Senior Planner, discussed the proposed modification to Section 21.208.040 of the
CornrnerciaWisitor Serving Overlay Zone Ordinance, as suggested by the California Coastal
Commission in a letter dated August 26, 1999. (This letter is on file in the City Clerk's Office).
Mayor Lewis opened the duly noticed public hearing at 7:25 p.m.; seeing no one wishing to testify, the
public hearing was closed at 7:26 p.m.
September 14,1999 CITY COUNCIL Page 9
ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO.
99-322, approving an amendment to the Mello I, Mello I1 and Agua Hedionda
Lagoon segments of the City's Local Coastal Program to acknowledge receipt of,
and accept, suggested modifications to the CornrnerciaWisitor-Serving Overlay
Zone as approved by the California Coastal Commission; and
Council introduced ORDINANCE NO. NS-505, amending Title 21 of the
Carlsbad Municipal Code by the incorporation of Coastal Commission suggested
modifications for the CommerciaWisitor-Serving Overlay Zone. Section
21.208.40 of the Zoning Code shall be revised as follows:
CornrnerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they
meet the requirements of this Chapter. The only permitted uses in the overlay
zone are the residential, industrial and office uses authorized as permitted uses by
the zoning of the underlying zone, which are not subject to the provisions of the
Chapter. Those uses shall be developed subject to the development standards
and entitlement processes required by their underlying zoning. In addition, a
roadside stand for the display and sale of products on the same premises is an
allowed use provided that the floor area shall not exceed two hundred square feet
and is located a minimum of 20 feet from any street, highway or city right-of-
way.
AYES: Lewis, Finnila, Kulchin
NOES: None.
ABSENT: Hall, Nygaard
Mayor Pro Tem Hall and Council Member Nygaard returned to the dais at 7:26 p.m.
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT BOARD:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Board at 7:27 p.m. Council
reconvened at 7:28 p.m. with Mayor Lewis and all four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
22. AB #15,394 - APPEAL OF GRADING PERMIT AT 3 160 FALCON DRIVE.
This item was continued to the Council Meeting of Tuesday, October 5, 1999, at the request of the
appellant.
23. AB #I 5,393 - PARKS AND RECREATION COMMISSION APPOINTMENTS.
This item was continued.
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:
September 14,1999 CITY COUNCIL Page 10
CITY ATTORNEY COMMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of September 14, 1999, was adjourned at 7:30 p.m.
Respectfully submitted,
Assistant City ~lery
Lorraine M. Wood
Deputy City Clerk