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HomeMy WebLinkAbout1999-11-09; City Council; Minutese 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 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:OO 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 Absent: None. APPROVAL OF MINUTES: None. PRESENTATION: Recreation Director Ken Price presented the Council with colored thank you notes from the Stay ‘n Play program participants in recognition of the children’s trip to the San Diego Zoo. CONSENT CALENDAR: Items #6, #7 and #9 were removed from the Consent Calendar. Kulchin ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #I through #9, with the exception of Items #6, #7 and #9, 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 #15,48 1 - APPLICATION FOR A GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES. Council adopted RESOLUTION NO. 99-486, authorizing the Carlsbad City Library to apply for a grant from the California Library Literacy Service, for funding the Adult Literacy Program. 2. AI3 #15,482 - AUTHORIZING THE PURCHASE OF REPLACEMENT DESKTOP COMPUTERS. Council adopted RESOLUTION NO. 99-487, authorizing the purchase of replacement desktop computer systems from Compaq Computer Corporation, in accordance with the City’s computer replacement and upgrade program. 0 0 November 9,1999 CITY COUNCIL Page 2 3. AB #15,483 - APPROVAL OF AMENDMENT TO AGREEMENT FOR CITY GOLF COURSE PROJECT. NO. 30721. Council adopted RESOLUTION NO. 99-488, approving Amendment No. 4 to an agreement with Cotton-Beland Associates, Inc., for the preparation of a revised draft Environmental Impact Report for the City Golf Course Project. 4. AB #15,484 - lREOUEST TO DESTROY RECORDS. Council adopted RESOLUTION NO. 99-489, authorizing the destruction of certain records kept in the Risk Management Office. 5. AB #15,485 - LA COSTA AVENUE WIDENING IMPROVEMENTS AND APPROPRIATION OF ADDITIONAL FUNDS, CONTRACT NO. 3215. Council adopted RESOLUTION NO. 99-490, accepting the construction of the La Costa Avenue widening, from El Camino Real to Interstate 5, as complete, directing the City Clerk to record the Notice of Completion and release bonds appropriateljr, and appropriating funds for additional project costs. 6. AB #15.486 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CARLSBAD BOULEVARD PARKING AT PONTO BEACH ROAD RECONSTRUCTION. CONTRACT NO. 3618. This item was removed from the Consent Calendar. 7. AB #15,487 - APPROVAL OF AN AGREEMENT FOR ENVIRONMENTAL SCIENCES PROFESSIONAL SERVICES FOR THE COLE LIBRARY REMODEL. PROJECT NO. 33841. This item was removed from the Consent Calendar. 8. AB #15,488 - APPROVAL OF AN AGREEMENT FOR PREPARATION OF A PUBLIC WORKS DESIGN IMPLEMENTATION PLAN. Council adopted RESOLUTION NO. 99-493, approving a consultant services agreement with Tamayo Consulting Inc., for the preparation of a Public Works Design Implementation Plan. 9. AB #15.489 - SOLID WASTE SERVICES RATE ADJUSTMENT. This item was removed from the Consent Calendar. 0 0 November 9,1999 CITY COUNCIL Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 6. AB #15.486 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CARLSBAD BOULEVARD PARKING AT PONTO BEACH ROAD RECONSTRUCTION, CONTRACT NO. 3618. Council Member Kulchin noted that this project will add an additional 34 parking spaces to the Ponto Beach area. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 99-491, approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of parallel parking on the west side of Carlsbad Boulevard at Ponto Beach. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 7. AB #15.487 - APPROVAL OF AN AGREEMENT FOR ENVIRONMENTAL SCIENCES PROFESSIONAL SERVICES FOR THE COLE LIBRARY REMODEL, PROJECT NO. 33841. Council Member Nygaard requested an update on the status of the remodel of the Cole Library. John Cahill, Municipal Projects Manager, provided an update on the remodeling work at the Cole Library. Mr. Cahill reported that the interior remodeling work on the project will be completed by the end of January, 2000, and estimated Cole Library will reopen to the public in March, 2000. Upon inquiry fiom Council, Library Director Cliff Lange stated that there will be sufficient books to re- stock the Cole Library. ACTION: On a motion by Council Member Nygaard, Council adopted RESOLUTION NO. 99-492, approving an agreement with Ninyo & Moore for specialized environmental sciences professional services for the Cole Library Remodel. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 9. AB #15,489 - SOLID WASTE SERVICES RATE ADJUSTMENT. Assistant City Manager Frank Mannen reported on the rate reduction for roll-off boxes, and on Carlsbad’s increased, usage of the Palomar Transfer Station. Upon inquiry fiom Council, Assistant City Manager Frank Mannen agreed that the City’s prioritization for waste service at the Palomar Transfer Station would be brought back for discussion at a future Council Meeting. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- - 494, revising the solid waste rates for services in the City of Carlsbad. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. a 0 November 9,1999 CITY COUNCIL Page 4 ORDINANCE FOR INTRODUCTION: 10. AB #15,493 - AMENDMENT TO TITLE 18 RELATING TO PUBLIC IMPROVEMENTS. City Attorney Ron Ball stated that this ordinance reverses the presumption in Title 18 that improvements are required for the issuance of building permits in the Special Study Area. Upon inquiries from Council, Mr. Ball stated that no fees will be charged for appeals to this ordinance as long as the Sidewalk and Street Study Committees have not completed their reports and recommendations to the City Council. He stated that this ordinance is not retroactive but will be effective 30 days after its adoption. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-518, amending Title 18, Chapter 18.40 of the Carlsbad Municipal Code by the addition of Section 18.40.040, relating to when public improvements are required for the issuance of individual building permits. AYES: Lewis, Hall, Finmila, Nygaard, Kulchin NOES: None ORDINANCES FOR ADOPTION: 1 1. AB #15.472 - AMENDMENT OF AGUA HEDIONDA LAGOON USE REGULATIONS. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS- 509, amending various Sections of Chapter 1 1.24 of the Carlsbad Municipal Code to revise regulations for use of the Agua Hedionda Lagoon; with the following revision to Section 14, Item 8 as explained by the City Attorney: “No swimming or wading, except in conjunction with other permitted activities under this Chapter.” AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 12. AB #15.492 - ESTABLISHMENT OF SPEED LIMIT ON CALLE TIMITEO. ACTION: On a motion by Council adopted ORDINANCE NO. NS-513, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code, by the addition of Section 10.44.620, to establish a 30 mile per hour prima facie speed limit on Calle Timeteo, from Camino De Los Coches to its intersection with La Costa Avenue. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. 0 0 November 9,1999 CITY COUNCIL Page 5 PUBLIC COMMENTS: Larry Kirsch, 2792 Southampton Road, stated he had submitted a Carlsbad Activities Grant Application to fund a Carlsbad Film Festival. He described some of the benefits of the Festival, such as: promoting filmmaking in Carlsbad and Southern California; including students and independent film makers in the Festival; and bringing the best films to Carlsbad. Mr. Kirsch stated that he is interested in grant funding but he is more interested in Council’s support of the Carlsbad Film Festival concept. Mayor Lewis requested that Mr. Kirsch inform Connie Beardsley, Arts Manager, when other communities schedule similar Festivals, so that the City can determine how effective these events are in other cities. PUBLIC HEARINGS: 13. AB #15.490 - AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR THE 2000/2001 CDBG/HOME PROGRAM. Frank Boensch, Housing and Redevelopment Management Analyst, presented the staff report describing the 2000/2001 CDBG/HOME Programs. He stated that the CDBG Program serves that needs of low and moderate income citizens and the HOME Program provides affordable housing opportunities. Mr. Boensch stated that funding applications were available from the Housing and Redevelopment Department and that the deadline was December 10, 1999. Mr. Boensch explained that 15% of the Grant is used for Public Service, 20% for Program Administration and the remaining amounts are used for Section 108 Loan Repayment and Public Facilities, Improvements, and other projects. He stated that $225,000 is available for Housing Programs and Projects. Mr. Boensch gave an overview of the National Objectives of the Programs; the Funding Plan Strategy; Local Objectives such as affordable housing, public/social services, and specialized public services; and HOME eligible activities. He stated that the two year terms of the previous Funding Advisory Committee have expired, except for the Senior Commission representative, and that the Council will need to make the appropriate appointments as follows: one Planning Commissioner, one Housing Commissioner, a Northeast Quadrant Resident, a Southeast Quadrant Resident, a Northwest Quadrant Resident, and a Southwest Quadrant Resident. Mr. Boensch described the grant evaluation criteria as organization ability and capacity, financial capacity, implementation of activity and the benefits to the Community. He proposed that funding review process follow this sequence: the Housing and Redevelopment Department Staff will evaluate proposals, the Funding Advisory Committee will determine the funding level for Council consideration and that the Council will hold a Public Hearing on the proposals and make a final decision on funding. Upon inquiry from Mayor Pro Tem Hall concerning changes in the new Program, Mr. Boensch explained that the CDBG Public Facilities Improvements allocation will be added to the funding for the HOME affordable housing. 0 e November 9,1999 CITY COUNCIL Page 6 Upon inquiry from Council concerning the groups that have received CDBG Public Facilities Improvement allocations in the past and the status of their projects, Mr. Boensch stated that the Boys and Girls Club has finished their project, Lifeline is close to completion of their project and that Join Hands- Save a Life group has an unfinished project. Mayor Lewis opened the duly noticed public hearing at 6:40 p.m.; seeing no one wishing to testify, the hearing was closed at 6:40 p.m. ACTIONS: Mayor Lewis stated he would contact the Planning and Housing Commissions concerning the selection of Funding Advisory Committee members to represent these commissions, and that Mildred West will represent the Senior Commission. Mayor Lewis also requested that Council Members select appointees from the four quadrants as follows: Northwest Quadrant - Ann Kulchin; Northeast Quadrant -, Ramona Finnila; Southwest Quadrant - Julie Nygaard; and Southeast Quadrant - Matt Hall.. By consensus, Council directed staff to continue the public hearing until November 16, 1999 to discuss the CDBG/Home Investment Program Funding Plan Strategy ; to prepare a history, including funding allocations, of the last two years recipients of the CDBG Public Facilities Improvement allocations; and to notify these recipients concerning the continuation of the public hearing and the recommended reallocations of funding. 14. AB #15,491 - ZC 98-09LCPA 98-06/SDP 98-19 - MANZANITA APARTMENTS. Senior Planner Elaine Blackbum, presented the staff report on the Manzanita Apartments explaining that prior to this hearing the project had received Planning Commission approval for the Special Use Permit, Hillside Development Permit, and a Coastal Development Permit. She stated that the property encompasses 48 acres which are bisected by El Camino Real. She explained that the property located on the east side of El Camino Real, containing vernal pools and other endangered habitat, will not be affected by the Zone Change, Local Coastal Program Amendment or Site Development Plan under consideration. She further explained that only 9.75 acres of the site will be used for the 157 unit apartment complex and the remaining 38 acres will be designated as open space. Ms. Blackburn described the apartments as a mix of two and three bedroom units, with 366 parking spaces, a pool, spa and tot lot. She stated that access to the units is along Cassia Road. She also stated that there are 24 units of affordable housing mixed throughout the project, site and nine of the affordable units contain three bedrooms. Upon inquiry from Council, Ms. Blackbum stated that the widening of El Camino Real will take place on both sides of the road. Mayor Lewis opened the duly noticed public hearing at 7:03 p.m.. Dana Wohlford and Philip Kidd, representing Manzanita Partners, 1155 Cuchara Drive, Del Mar, acknowledged the work performed by Howie Weir of Dudek and Associates and asked for Council’s approval of the project per the Planning Commission’s recommendation. Seeing no one else wishing to testify, Mayor Lewis closed the public hearing at 7:06 p.m. 0 0 November 9,1999 CITY COUNCIL Page 7 ACTION: Council introduced ORDINANCE NO. NS-517, approving a Zone Change, from E-A and L-C to RD-M/Q on property generally located adjacent to El Camino Real just south of Cassia Road in Local Facilities Management Zones 2 1 and 10; and Council adopted RESOLUTION NO. 99-496, approving a Mitigated Negative Declaration and Mitigation and Monitoring and Reporting program, and approving a Zone Change, Local Coastal Program Amendment and Site Development Plan. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD: Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 7:lO p.m. and reconvened at 7:27 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Citing possible conflict of interest, Mayor Pro Tem Hall left the dais at 7:27 p.m. 15. AB #15,448 - SUBRECIPIENT AGREEMENT WITH JOIN HANDS-SAVE A LIFE FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Frank Boensch, Housing and Redevelopment Management Analyst, presented the staff report describing the 20 year, no interest, deferred and forgivable (after 20 years) CDBG funded loan, to be used for the construction of the Join Hands-Save a Life youth facility. Upon inqulry from Council, Mr. Boensch stated that the loan under consideration is structured to support the construction of a youth facility only; if the loan is not used for the agreed use, or if the facility is used for any other purpose during a 20 year period, then the loan will be due in full. Mr. Boensch stated that this is similar to a loan given to Catholic Charities for the purchase of the property for La Posada de Guadalupe. Frank Sorino, 3528 Madison Street, Carlsbad, Director of Join Hands, Save a Life, stated that the Catholic Charities loan was not from CDBG funds but from the City’s General Fund. Mr. Sorino outlined the history of Join Hands-Save a Life from its beginning in Mr. Sorino’s garage nine years ago. He explained that Join Hands is a place for older kids to go and in the first nine years the organization has served over 1,700 youths ages 15 to 16. He stated that the organization is open 6.5 days per week and 330 days per year. Mr. Sorino expressed concern that the CDBG grant for Join Hands has been changed to a loan and he must use the Join Hands Facility as collateral. He also stated concern with conditions that would prevent the Join Hands facility from being used to celebrate special events such as a ribbon cutting, to have tournaments, to conduct bake sales and garage sales, or to have any fundraisers. He also expressed concern with a condition that, although the facility has a kitchen, would prevent Join Hands members from eating in the Facility. He asked how the organization could be independent with so many conditions upon its use of the building. e 0 November 9,1999 CITY COUNCIL Page 8 Mr. Sorin.0 asked Council’s approval of the standard CDBG Subrecipient Agreement, and not the proposed “loan” with its Deed of Trust as collateral. Barry McGrath, 2685 Garfield Street, a member of the Board of Directors, questioned why Join Hands had been singled out to receive a loan rather than the standard grant agreement. He stated that they had been led to believe that the funding would be provided through a standard CDBG grant. He asked Council to address this issue so that the organization could start on the groundbreaking of the new facility for at risk youth. Clarke Vollbrecht, 1363 Pine Avenue, stated his support for the Join Hands organization and Mr. Sorino. He stated that they were led to believe that the CDBG funds were to be designated as a grant rather than a loan. He asked Council to allow fundraising at the site and to award a grant, rather than a loan, to Mr. Sorino. Upon inquiry by Council, Debbie Fountain, Director of Housing and Redevelopment, stated that under the conditions of the redevelopment permit, Join Hands would be allowed to have fundraisers, a groundbreaking and ribbon cutting, if the events are related to the organization. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 99-467, approving a Community Development Block Grant (CDBG) Subrecipient Agreement and related loan documents with the Join Hands-Save a Life organization, for use of Federal CDBG funds for the construction of a youth facility; with the addition of the word “not” to the final sentence of Exhibit 4, Section 15, to read: “The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable attorney’s fees.” AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None. ABSENT: Hall Mayor Pro Tern Hall returned to the dais at 8:07 p.m. COUNCIL REPORTS AND COMMENTS: None. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. a November 9,1999 CITY COUNCIL Page 9 ADJOURNMENT: By proper motion, the Regular Meeting of November 9, 1999, was adjourned at 8:08 p.m. Respectfully submitted, Lorraine M. Wood Deputy City Clerk