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Home My WebLink About1989-07-01; City Council; MinutesI$ 0 e MINUTES (26) (70) (70) (45) Meet i ng of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 11, 1989 Time of Meeting: 6:OO p.m. /\b Place of Meeting: City Council Chambers COUNCIL % %' ? MEMBERS % %% CALL TO ORDER: Mayor Lewis ca 1 led the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held June 20, 1989, X Lew i s were approved as presented. Kulchin X Pett i ne X Larson xx Mamaux X CONSENT CALENDAR: Counci 1 Member Mamaux requested I tern #4 be removed from the Consent Ca 1 end ar . Council affirmed the action of the Consent Calendar, Lew i s X with the exception of Item #4, as follows: Kulchin X Larson X Mamaux X Pett i ne xx WAIVER OF ORDINANCE TEXT READING: Counci 1 wa ived the read i ng of the text of a! 1 Ord inances and Resolutions at this Meeting. 1. AB #10,113 - AMENDED PROPOSED FORMATION OF THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT. Council adopted RESOLUTION NO. 89-218, approving assessment map and d i recti ng the Uti l i t ies and Maintenance Director to submit the engineer's report; and adopted RESOLUTION NO. 89-219, approving proposed resolution of intention and requesting consent and juri sd ict ion and approv i ng such other necessary and appropriate actions as required for the formation of such district. 2. AB #10,114 - PURCHASE OF FURNITURE FOR CARLSBAD SENIOR CENTER. Council adopted RESOLUTION NO. 89-221, accepting bids and authorizing the execution of purchase orders for furniture for the Carlsbad Senior Center. 3. AB #10,115 - AWARD OF CONTRACT FOR TENNIS COURT LIGHTING AT CARLSBAD HIGH SCHOOL. Council adopted RESOLUTION NO. 89-222, accepting bids and award ing the contract for tennis court lighting at Carlsbad High School to Saturn Electric in the amount of $108,747, and appropriating $27,000 from the General Fund Contingency Account #001-840-1990-2999. f 99 h $j .< 0 0 MINUTES (99) (26) (41) (41) (81) (81) (77) (45) July 11, 1989 Page 2 CONSENT CALENDAR: (Continued) 4. AB #10,116 - MEMORANDUM OF UNDERSTANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS - SAN DIEGO REGION. This item was removed from the Consent Calendar. 5. AB #10,117 - PARK DRIVE ASSESSMENT DISTRICT NO. 86- 04. - Council adopted RESOLUTION NO. 89-224, approving the Report of the Streets Superintendent and settlng the matter to publlc hearlng on August 8, 1989. 6. AB #10,118 - SETTLEMENT OF MA CONSTRUCTION V. CITY OF CARLSBAD - CASE NO. N36096. Council adopted RESOLUTION NO. 89-225, approving the settlement of MA Construction v. City of Carlsbad and authorizing the payment of $113,000 to the Paclflc Inland Bank. 7. AB #lo, 1 19 - SETTLEMENT OF HAV 1 NS V . WULLKOTTE - CASE NO. 584326. Council adopted RESOLUTION NO. 89-226, authorizlng payment of $135,000 for the settlement of Havins V. Wul Ikotte. 8. AB #10,120 - ACCEPTANCE OF DONATION FROM CARLSBAD RESEARCH CENTER. Council adopted RESOLUTION NO. 89-227, accepting a donatlon of $2,500 from Carlsbad Research Center for flreworks at the Pops Concert on September 3, 1 989. 9. AB #10,121 - ACCEPTANCE OF A DONATION FROM THE FIELDSTONE COMPANY. Council adopted RESOLUTION NO. 89-228, accepting a donation of $5,000 from the Fieldstone Company to support the bus1 ness/arts breakfast programs. 10. AB #10,122 - COMMUNITY FACILITIES DISTRICT FINANCIAL ADVISOR. Council adopted RESOLUTION NO. 89-229, selecting the firm of Kadie-Jensen, Johnson & Bodnar to act as financial advisor for the proposed Mello-Roos Community Facilities District, and appropriating funds In the amount of $17, 500 to cover the costs. 11. AB #10,123 - AGREEMENT WITH SUNNY CREEK I PARTNERSHIP FOR UNCONTROLLED STOCKPILE. Council adopted RESOLUTION NO. 89-230, approving an agreement for Uncontrolled Stockpile with Sunny Creek I Partnership. 122 - +% MEMBERS COUNCIL \\ %sa% 0 Z. e~ J, .;Z. e tj 0 0 MINUTES (70) (77) (110) (77) July 11, 1989 Page 3 /\! COUNCIL 3 % A MEMBERS % s% CONSENT CALENDAR: (Continued 1 12. AB #10,132 - CHANGE ORDER NO. 28 - CARLSBAD SENIOR CENTER/CUSD EDUCATION CENTER - PROJECT NO. 3247. Council adopted RESOLUTION NO. 89-237, approving Change Order No. 28 for the construction of the Carlsbad Senior Center and Carlsbad Unified School District Education Center. ITEM REMOVED FROM THE CONSENT CALENDAR: 4. AB #10 , 1 1 6 - MEMORANDUM OF UNDERSTAND I NG FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS - SAN DIEGO REGION. Council Member Mamaux asked staff to explain this Memorandum of Understand ing. Ray Patchett, City Manager, exp I ai ned that the SANDAG Task Force on C it i es-County Coord i nation was formed to prepare a set of procedures intended to increase coord i nation among cities in the County and between cities and the County with regard to planning and land use regulation. Council adopted the following Resolution: Lew i s X Kulchin X RESOLUTION NO. 89-223, APPROVING A MEMORANDUM OF Pett i ne X UNDERSTANDING BETWEEN THE CITIES OF THE SAN DIEGO Mama u x xx REGION AND SAID CITIES AND THE COUNTY OF SAN DIEGO. Larson X PUBLIC COMMENT: Scott L itt le, President of the Car 1 sbad Chamber of Commerce, introduced the new Director of the Convention and Visitors Bureau, Steve Link. ORDINANCE FOR ADOPTION: 13. AB #10,110 - AMENDMENT TO UTILITY BILLING. Counci I adopted the fol lowing Ord inance: Lew i s X Kulchin xx ORDINANCE NO. NS-77, AMENDING TITLE 13, CHAPTER 13.12 Pett i ne X OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF Mamaux X SECTION 13.1 2.020 TO ADJUST SEWER SERVICE CHARGES. Larson X PUBLIC HEARINGS: 14. AB #10,124 - REQUEST TO PREPARE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 21. Phil Carter, Assistant to the City Manager, introduced the item, and Don Rideout continued the staff report as contained in the Agenda Bi 11. Mayor Lewis opened the Public Hearing at 6:12 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. /R/ 1 :<s *. 0 0 -c ( MINUTES July 11, 1989 Page 4 PUBL IC HEAR I NGS: (Cont i nued 1 Council authorized Planning Systems to prepare the Local Facilities Management Plan for Zone 21. :113) 15. AB #10,125 - AMENDMENT TO MASTER PLAN - BATIQUITOS LAGOON EDUCATIONAL PARK - MP-l75(C) - SAMMIS. Marty Orenyak, Community Development Director, gave the initial staff report as contained in the Agenda Bill, with Charles Grimm, Assistant Planning Director, giving an overview of the Master ? Ian and the cond it ions recommended by the Planning Commission and staff. Mr. Grimm referred to a letter from the developer requestin! Areas G and M be al towed to continue to develop; however, staff recommends Council deny this request. Area G is dormatory units and teacher housing and both are educational dependent. Area M is similar, as it is neighborhood commercial uses and was justified to the C i ty as prov id i ng services to the students. 9 Mr. Orenyak explained that a 75,500 square foot educational facility must be constructed, with the first 25,500 square feet to be occupied by an accredited institution of higher education. The Planning Commission added that all leases must be five years minimum. The Planning Commission also recommended that the staff report be incorporated by reference to make certain there is no misunderstanding between the deve I oper and the City regard i ng the intent of the new conditions. Mayor Lewis opened the Pub1 ic Hearing at 7:Ol p.m., and issued the invitation to speak. Nick Banche, 810 Mission Avenue, Oceanside, Attorney for Sammis Properties, asked for approval of the extension as requested by the developer. Mr. Banche stated there should not be a time limit placed on the extension, and he 1 isted other projects that have taken many years to complete. He added that Mr. Sammis must return to the Counci 1 for approva Is and the City was at no risk. Donald Sammis, 7567 Navigator Circle, reiterated that he is serious about this project and the educational center. Mr. Sammis gave the history of the project and exp 1 ai ned the amounts of money spent for parks, school fees, lagoon mitigation fees, real estate taxes, interest, subd iv i s ion improvements and consu 1 tant fees. He said 75 houses have been bu i It to date and any prof it f ran those houses has gone back into the project. Mr. Sammis said he beiieved the demand for education wi l I come and he would like to go ahead with the research portion of the project. Larry Adams, 7577 Navigator Circle, representing Rosalina Homeowners Association, spoke in favor of the extension and the controlled greenbelt area. I I2n I - I , *% MEMBERS COUNCIL \\ %P 0 % Lo $% )r % f r Lew is Kulchin X X Larson xx Mamaux X Pett i ne X h P - .. 0 0 MINUTES July 11, 1989 Page 5 COUNCIL /\I\ %v!%$, MEMBERS 2. 8 s 6 PUBLIC HEARINGS: (Continued) Terry Hackett, 3 Upper Newport, Newport Beach, representing Seabluff Associates, gave a history of the property and stated that as initially presented, the project couldn't work, because nobody understood the complexities involved in developing and financing this type of project. He requested Council give the developer the ability to try. Ruth Lewis, 2001 Avenue of the Trees, read a letter from the League of Women Voters expressing opposition to the extension. They asked Counci 1 to open this Master P Ian for review and amendment. Roger Diamond, Roger D iamond Law Off ices, 21 15 Main Street, Santa Mon i ca, represent i ng Do I ores We 1 ty , stated the proposed educational park was a piecemeal attempt to get other types of commercial /industr ial deve!opment in the project. Mr. Diamond said Council cannot approve an extens ion, as it is an amendment and a major one, and requires a new EIR, subject to a full hearing. Dolores Welty, 2076 Sheridan Road, Leucadia, spoke in opposition to the extension and presented a letter to Counci I Members to be part of the record. Mrs. Welty expressed the belief that proper procedure had not been fol lowed by the City and there was no local coastal plan for this piece of property. Mrs. Welty said the General Plan is not adequate to support this amendment according to State guidelines, and added that the General P Ian shou Id be revised. Inez Yoder, 7738 Madri lena, spoke in opposition to the extension, stating that the building permits should be stal led unti 1 promises are met. She said the un ivers i ty has not materia I ized and has been downgraded to an "educational entity" and now "educational area". Mrs. Yoder asked Counci I to deny the amendment and go back for a re-design of the Master P Ian with cond it ions suitable for the southern entrance into Carlsbad. D. Kleinman, 7019 AI icante Road, spoke against the extension. Connie Stockman, 7123 Linden Terrace, for the residents of Sea C I iff development, stated she questioned the credibility of the Sammis development. She said the likelihood of obtaining a university is remote, as most of them are in financial straits. Ms. Stockman said that many other developers had donated space for parks and schools, and why didnlt Mr. Sammis have to donate part of his property for parks. She suggested the area reserved for the university be made into a park. Ms. Stockman stated she was concerned about what will happen to that area. Ms. Stockman stated that traffic is a concern, and she felt the bridge over the railroad tracks should be built before any more houses are built. She said her group recommended denial of the amendment and urged re- opening of the Master Plan for public review. 134 0 0 MINUTES July 11, 1989 Page 6 PUBLIC HEARINGS: (Continued) Robert E. Meyer, 7133 Linden Terrace, said Mr. Sammis had promised upscale housing and a unique educational park. He asked what there is to gain by approving the amendment and why for a per icd of five years; and why not year to year, until there is a final commitment on the educat iona 1 park. Joe Reed, 1008 Daisy Avenue, had two concerns; one, if the school building is vacant, that the developer might ask for a zone change to use the building for something e 1 se; and two, the length of time for the school leases, Mr. Reed said five years was a very short time for a school, and he asked for a 20-year lease minimum. Mr. Reed requested Counci 1 abandon the idea of an educat iona 1 park and instruct staff to work with the developer on other uses for this site. He suggested open space with a meandering stream, as the residents do not want a commercial building in this residential area. J im Swab, 3640 Adams, stated that poorly designed houses should be hidden and not in such a visible place. He felt the university would never be delivered. Mr. Swab sa id the City shou Id encourage projects on the site to merit national recognition and should give that challenge to staff. Ernest Passon i , Sea CI iff, stated he was a newcomer to the City, and felt the City was not making an effort to cooperate with the developer to bring a university to this area. Nick Banche spoke in rebuttal, stating he hoped the Cit remained as enthusiastic about this project as it was a the beginning and would work with Mr. Sammis to bring this Master Plan to fruition. Mr. Banche reiterated that Mr. Sammis must come back for further d i scret ionary approva 1 s. 'Y It Mr. Banche said this was not an amendment; but a request to extend and a recommendation to extend. Mr. Banche asked for approval of the extens ion and concluded, stating he felt it should be an unlimi-ted extension. Since no one else wished to speak on this matter, the Public Hearing was closed at 8:12 p.m. City Attorney Vincent Biondo, in answer to Council query, stated that a fu 11 E IR had been done and certi f ied on th is project and there was no evidence thai the existing EIR did not discuss the effects of the project. There was no evidence of a change in the project or any adverse effect on the physical environment, and no amendment to the Master Plan or any change in what cou Id be constructed. The argument that a new E I R is required is nonsense, as a 1 I matters have been ful ly addressed previously. In answer to Council query, Mr. Orenyak stated that staff had felt that due to the complexity of this project, a five-year review time would be appropriate. 17 8 I COUNCIL \F %PA "0 +% MEMBERS 2. tp 9 h 0% 0 0 July 11, 1989 MINUTES Page 7 7- I -~~ ~ PUBLIC HEARINGS: (Continued) David Bradstreet, Parks and Recreation D irector, exp 1 ai ned that Mr. Sammis had been requ ired to ded icate park I and in the A Ita Mira area, and the developer has put up one million dollars toward the purchase of the Sherman site. Council Member Larson expressed the opinion that the ratio of "accredited institutionff vs the "other educationa I uses" w ith in P lanning Area "Aff be changed f ran the proposed 50/50 to a rat io of 80/20. Th is woujd mean that "other educationaI uses" could occupy no more than 20 percent of the total educational square footage permitted or constructed within Planning Area 11 AI1 . Council approved the Notice of Prior Compliance, and directed the City Attorney to prepare documents approving MP 175(C) incorporating the staff report dated April 19, 1989, per Planning Commission Resolution No. 2841, with the amendment of the conditions concerning the square footage requirements for the educational faci 1 ities, the accredited and other educational uses for the first 75,500 square feet be based on a 50/50 spread, but that the overa1 I spread result in 80 percent for accredited higher educational facilities, and 20 percent for other educational uses; and clarifying that the add itional setbacks in Area "Hff apply to only those units that front the lagoon. RECESS : Mayor Lewis declared a Recess at 8:46 p.m., and Council re-convened at 8:55 p.m., with all Members present. PUBLIC HEARINGS: (Continued) (77) 16. AB #10,126 - LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 9 - SAMMIS. Brian Hunter discussed the parks portion of this Local Faciiities Management Plan and Don Rideout d i scussed the issues due to the impact of future development in Zone 9. Steve Jantz d iscussed drainage, circulation and sewer, with Mr. Rideout giving the report on the financing, ali as contained in the Agenda Bi 11. Mayor Lewis opened the Public Hearing at 9:05 p.m., and issued the invitation to speak. Dolores We1 ty, 2076 Sher idan Road , Leucad i a, commented on the parks in Zone 9, stating that this contains some of the best land in Car lsbad , and she protested and disliked the idea that people in that Zone could look forward to us i ng a park that had no view of the lagoon or the ocean. She continued, stating the drainage is not good and the traffic pian allows 2,000 more trips per day than permitted. I 1 m r) c s96, MEMBERS COUNCIL \$ % % ?A$ s% % Q Lew is X Kulchin X X Mamaux X Pett i ne xx Larson ~ *. a * MINUTES I (24) (28) July 11, 1989 Page 8 COUNCIL \ MEMBERS PUBLIC HEARINGS: (Continued) I I Jon Delling, Sammis Properties, 285 Windmere Circle, spoke in support of staff recommendation. Fred Delaney, Poinsettia Associates, the Poinsettia Shopping Center, stated they had been told they were exempt from the Zone 9 facilities fees, but now understood they would have to fund eighteen and a half mi 11 ion dollars in order to finish their center. He stated they only have three more bui Id ings to bu i Id, and have paid Poinsettia bridge fees, and asked whether it was possible to pay for what impact those final three bui Id ings would cause. S i nce no one else wished to speak on th is matter, the Public Hearing was closed at 9:lO p.m. Council adopted the following Resolutions.: (one motion) RESOLUTION NO. 89-231, APPROVING THE NEGATIVE DECLARATION FOR LOCAL FACILITIES MANAGEMENT PLAN 9. RESOLUTION NO. 89-232, APPROVING A LOCAL FACILITIES MANAGEMENT PLAN FOR LOCAL FACILITIES MANAGEMENT PLAN 9. 17. AB #10,084 - ADOPTION BY REFERENCE OF COUNTY CODE OF ORDINANCES FOR RABIES AND ANIMAL CONTROL REGULATION. .." "... . ".. I City Attorney V incent B iondo gave the report on this item. Mayor Lewis opened the Pub! ic Hearing at 9:13 p.m., and i ssued the invitation to speak. S i nce no one wished to speak on this matter, the Public Hearing was closed. Counci I adopted the fol lowing Ord inance: ORDINANCE NO. NS-76, AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH RABIES, ANIMAL CONTROL AND REGULATION. I Lew i s Ku Ich in Pett i ne Mamaux Larson ~ I Lew is Kulchin Pett i ne Mamaux Larson DEPARTMENTAL AND CITY MANAGER REPORTS: I 18. AB #10,127 - REPORT AND RECOMMENDATION OF THE VETERANS MEMORIAL COMMITTEE. Connie Beardsley, Arts Manager,.gave the staff report as contained in the Agenda Bill, referring to a model of the sculpture and photographs. Tom Erwin, Cha i rman of the Veterans Memorial Committee, reported briefly on the efforts of the Committee, stating they were unanimous in the selection of this sculpture. I Counci I accepted the report and d irected staff to Ku!chin prepare a display of the proposed sculpture and solicit Lew i s Mamaux from the City for the sculpture would not exceed Pettine public comments; with the condition that the commitment Larson $125,000. 13 /n I I \ & p PC X X X \ 3 A X X X X X X X X X X X X X X X i& " d e MINUTES (78) (72) (28) (63) (74) July 11, 1989 Page 9 COUNCIL /\k % %$ 3 MEMBERS % %% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 19. AB #10,128 - PENAL CODE REQUIREMENTS RELATING TO SELECTION/TRAINING STANDARDS FOR PUBLIC SAFETY DISPATCHERS. Captain Gene Kellogg gave the staff report as contained in the Agenda Bi 11. Counci I introduced the fo! lowing Ordinance: Lew i s X Ku Ich in X Larson STANDARDS FOR RECRUITMENT AND TRAINING FOR X Mamaux COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING xx Pett i ne ORDINANCE NO. NS-78, APPROVING DEPARTMENT OF JUSTICE X PARTICIPATION IN THE PUBLIC SAFETY DISPATCHER PROGRAM. 20. AB #10,129 - ESTABLISHMENT OF NO PARKING ZONE ON MANZANO DRIVE. Bob Johnson, Traffic Engineer, gave the staff report as contained in the Agenda Bi 1 l . Counci 1 introduced the fol lowing Ordinance: Lew is X Kulchin X Larson 10.40.071 TO DECLARE A "NO PARK1 NG" ZONE ON BOTH SI DES 0- X Mamaux THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION X Pettine ORDINANCE NO. NS-79, AMENDING TITLE 10, CHAPTER 10.40 OF xx MANZANO DRIVE FROM CARLSBAD BOULEVARD TO EL ARBOL DRIVE. 21. AB #10,130 - CHILD CARE COMMISSION APPOINTMENTS. The matter was continued for two weeks. 22. AB #10,131 - LIBRARY BOARD OF TRUSTEE APPOINTMENTS. The matter was continued for one week. COUNCIL REPORTS: Council Members reported on recent meetings and activities of the Committees and Sub-Committees of wh ich they are Members. CLOSED SESSION: 23. CLOSED SESSION ON EMPLOYEE LABOR NEGOTIATIONS. Council adjourned to a Closed Session at 9:45 p.m., to Lew is xx discuss labor negotiations with the Carlsbad Fire Kulchin X Association and the Carlsbad City Employees Pett i ne X Association. Mamaux X Larson X Counc i I re-convened at 10:09 p.m., and Mayor Lew i s announced Council had instructed their negotiators. ADJOURNMENT: By proper motion, the Meeting of July 11, 1989, was adjourned at 1O:lO p.m. Rspectful ly sub w k4 ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes C! erk Ir7 cy b