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HomeMy WebLinkAbout1993-03-23; City Council; Minutes1 . 0 e MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 23, 1993 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 City Clerk, as follows: Present: Council Members Finnila, Nygaard, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Kulchin. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Regular Meeting held March 2, 1993. Minutes of the Special Meeting held March 9, 1993. Minutes of the Regular Meeting held March 9, 1993. Minutes of the Special Meeting held March 16, 1993. AYES: Lewis, Stanton Nygaard and Finnila ABSTAIN: Nygaard (Minutes of March 2 and 9, 1993) PRESENTATIONS: Members of the Sister City Committee introduced the four sophomore students who were winners in the Student Ambassador Program. Tim Murphy, representing the Carlsbad 5K Race to be held March 28, 1993, invited everyone to attend the Race and presented Council Members with T-shirts. ANNOUNCEMENT Mayor Lewis announced he would be meeting with barrio representatives at the Housing and Redevelopment Offices, March 26, 1993, and Council Members were invited to attend. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 7, as follows: AYES: Lewis, Stanton, Nygaard and Finnila 93 0 0 99 99 97 104 68 99 97 4.5 March 23, 1993 Page 2 CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. I. AB #12,121 - QUITCLAIM OF ABUTER'S ACCESS RIGHTS TO MIMOSA DRIVE - PR 3.7.47. Council adopted RESOLUTION NO. 93-57, approving the quitclaim of relinquished abutter's access rights (of Lot 50 of CT 85-34) to Mimosa Drive to Western National Homes I, Ltd. 2. AB #12,122 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PLAZA PASEO REAL - PD 346. Council accepted the public improvements; authorized the City Clerk to record the Notice of Completion and to release bonds appropriately; directed the Utilities and Maintenance Department to commence maintaining the public street and storm drain improvements; directed the Carlsbad Municipal Water District to maintain the public sewer improvements; and directed Parks and Recreation to maintain median landscaping, all constructed at the northwest corner of Alga Road and El Camino Real. 3. AB #12,123 - CHANGE ORDER #I - PALOMAR AIRPORT ROAD AND EL CAMINO REAL WIDENING CONTRACT NO. 3166. Council adopted RESOLUTION NO. 93-58, approving Change Order No. 1 for the Palomar Airport Road and El Camino Real widening improvement contract, and directing staff to increase the project purchase order by $47,548.85. 4. AB #12,124 - AUTHORIZATION TO APPLY FOR FEDERAL AID. Council adopted RESOLUTION NO. 93-59, authorizing staff to apply for funds to construct medians on Carlsbad Boulevard, Jefferson Street bike lanes and Carrillo Ranch stabilization under the federal lntermodal Surface Transportation Enhancement Activities (ISTEA) program. 5. AB #12,125 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - ALGA HILLS - CT NO. 84-41. Council accepted improvements; authorized the City Clerk to record the Notice of Completion and release bonds appropriately; directed the Utilities and Maintenance Department to commence maintaining the public street and storm drain improvements; and directed the Municipal Water District to maintain the public water and sewer improvements constructed at Alga Road and Alicante Road. 6. AB #12,126 - CONSULTANT AGREEMENT FOR DESIGN OF CANNON ROAD, REACH 1. Council adopted RESOLUTION NO. 93-60, approving an agreement with Crosby, Mead, Benton and Associates for the completion of the design of Cannon Road from Paseo Del Norte to the future extension of Faraday Avenue, Project No. 3184. 32 0 0 March 23, 1993 Page 3 CONSENT CALENDAR: (Continued) 28 a. AB #12,127 - REFUND OF MULTI-FAMILY HOUSING REVENUE BONDS - SERIES A OF 1985 - ILA COSTA APARTMENTS). Council adopted RESOLUTION NO. 93-61, directing staff to proceed with refunding the Revenue Bonds (La Costa Apartments); appointing the members of the financing team; and ordering the preparation of the necessary documents. PUBLIC COMMENT There were no requests to address Council at this time. ORDINANCE FOR ADOPTION: 72 8. AB #12,128 - ADOPTION OF ORDINANCE TO REVISE THE PARKING RESTRICTIONS ON CAR COUNTRY DRIVE. ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- 231, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the amendment of Section 10.40.073 to declare 'NO PARKING' between 12:OO midnight and 6:OO a.m. on the easterly and southerly sides of Car Country Drive from Auto Center Court to its intersection with Paseo Del Norte. m: Lewis, Stanton, Nygaard and Finnila PUBLIC HEARINGS: 114 9. AB #12,129 - INCLUSIONARY HOUSING PROGRAM - ZCA 91 -6. Mayor Lewis announced that public comment would be taken on this item, but no action would be taken until a full Council is present. During the staff report, Council requested staff consider providing the following: 1. Clarification of the meaning of 'regulatory considerations', and a clear definition of what it means in determining the number of inclusionaty units. 2. History of the affordable housing issue in the City. 3. Modification to the ordinance to specify a due date for the annual reports, and a provision that the reports be provided to Council. Housing and Redevelopment Director, Evan Becker, referred to his memorandum dated December IO, 1992, (Exhibit 5 to the agenda bill) and explained the staff recommendation to modify the wording concerning the tenure of the units. Additional Council suggestions included the possibility of using the Housing Trust fund to pay for reasonable administrative expenses; or waiving the administrative fees as part of the City's contribution. 91 0 0 March 23, 1993 Page 4 PUBLIC HEARINGS: (Continued) In response to Council query, Mike Holzmiller, Planning Director, reported that the state is urging cities to increase densities to assist in meeting their affordable housing obligations, and if Carlsbad does not approve the inclusionary housing ordinance, the state may require the Ci to do massive re-zonings to increase densities, which would create conflicts with the Growth Management Program which was approved by the voters. Mayor Lewis opened the duly noticed Public Hearing at 7:35 p.m., and issued the invitation to speak. Marjorie Monroy, 361 0 Carlsbad Boulevard, Co-President, League of Women Voters, North Coast, San Diego County, stated the League adopted a position of support for measures to increase the supply of safe, decent, adequate housing for all Californians. She stated this position applies to the inclusionary housing ordinance and the density bonus ordinance. Catherine Rodman, 216 South Tremont, Oceanside, representing the Legal Aid Society, spoke in favor of the inclusionary housing program, the density bonus ordinance, the residential density increases, and the modification proposed by staff concerning tenure of the units. Tom Sheffer, 6336 Greenwich Drive, #F, San Diego, representing the Construction Industry Federation, distributed a letter to Council and summarized same expressing opposition. Art Mulvey, 1620 Alvarado Street, Oceanside, felt the impact fees would have a direct effect on his ability to build the home he has been planning. Elaine Lyttleton, 4210 Sunnyhill Drive, President of the Carlsbad Chamber of Commerce, stated the Chamber believes the City needs to be a partner with the development and banking community. She requested that any action on this item be delayed until more joint work can be done to come up with a better solution than this one. Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, spoke in opposition to this program. He requested a change in the formula used to determine the number of units required. He stated it should be based on the actual number of units approved for development. He recommended a more flexible and workable solution. Doug Avis, Fieldstone Company, stated this was a direct subsidy by market housing for affordable housing, and encouraged Council to provide a linkage fee with other kinds of development. Dan Shelley, 905 Olive Crest Drive, Olivenhain, spoke in opposition to the inclusionary housing program, stating this will increase the cost of homes for buyers in the regular market. He stated Council should adopt a goal-oriented program with incentives. Glenn Rick, 438 Camino del Rio South, representing UDC Homes, spoke in opposition to the inclusionary housing program ordinance as written. He stated there should e guarantees that the developer will not have to absorb costs that will have to be passed on to the buyers of the market rate units. Richard Chick, 2775 Spokane Way, Representative of Governmental Relations Commission for the Carlsbad Board of Realtors, spoke in opposition to the program, stating the inclusionary housing program should not be subsidized on the. backs of new home buyers. He requested the item, and the public hearing, be continued. 70 a a March 23, 1993 Page 5 PUBLIC HEARINGS: (Continued) Chris Chambers, 12636 High Bluff Drive, San Diego, representing Continental Homes, spoke in opposition to this program, stating his concern about whether Rancho Carrillo Master Plan would be economically feasible with this ordinance. In lieu of the ordinance, he offered to set aside a piece of land in the Master Plan area, and work with staff, and if it is economically fiable, they will develop affordable housing. Cheryl Stewart, 922 Fuchsia Lane, representing the San Diego Alliance for the Mentally 111, spoke in favor of inclusionary housing, stating housing should be available for the disabled. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:40 p.m. The item will be brought back April 13, 1993, for a decision. Council directed staff to develop some alternative wording for that portion establishing the formula. RECESS: Mayor Lewis declared a Recess at 900 p.m., and Council re-convened at 9:lO p.m., with four Members present and Council Member Kulchin absent. 114 10. AB #12,130 - DENSITY BONUS ORDINANCE - ZCA 91-5. Mayor Lewis opened the duly noticed Public Hearing at 922 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93- -1 63 approving a Negative Declaration for a Zone Code Amendment to amend Title 21 of the Carlsbad Municipal Code to establish a Citywide Residential Density Bonus Program through the addition of new Chapter 21.86; and Council introduced ORDINANCE NO. NS-233, amending Title 21 of the Carlsbad Municipal Code by the addition of Chapter 21.86 to establish requirements for the reservation and affordabil’ty of housing units for lower-income and moderate- income households and senior citizens in residential projects under the Citywide Density Bonus Program; amended to show the same effective date as Ordinance NO. NS-232. AYES: Lewis, Stanton, Nygaard and Finnila 57 11. AB #12,131 - RESIDENTIAL DENSITY INCREASES - GPA 92-8. Mayor Lewis opened the duly noticed Public Hearing at 930 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council directed staff to modify the documents to make it clear that the City’s Growth Management Plan densities will not be exceeded. This item was continued to April 13, 1993. 69 a e March 23, 1993 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: 32 12. AB #12,132 - UPDATE ON THE STATE BUDGET. There was no report. 105 13. AB #12,118 - COMMUNIN DEVELOPMENT BLOCK GRANT FUNDING COMMllTEE 28 APPOINTMENTS. ACTION: On motion by Council Member Nygaard, Council approved the following CDBG Funding Committee appointments: Cherie Sat0 - Housing & Redevelopment Advisory Committee Matt Hall - Planning Commission George Heard - Senior Commission Marie Bradley - Southeast Quadrant Norman Saunders - Northeast Quadrant Marjorie Monroy - Notthwest Quadrant Ted Frey - Southwest Quadrant AYES: Lewis, Stanton, Nygaard and Finnila ACTION: On motion by Mayor Pro Tem Stanton, Council directed staff to set aside (from the one-time funds being received from the County) $50,000 for the Boys and Girls Club of Carlsbad, on a matching fund basis for every dollar they raise during the next two years and put into an endowment fund, the City will give one dollar to be used for capital improvement; and $50,000 to the Girls Club of Carlsbad, on the same basis; and that the remainder of those funds ($407,451) be set aside for the affordable housing program. AYES: Lewis, Stanton, Nygaard and Finnila 74 14. AB #12,133 - SElTLEMENT OF WORKERS’ COMPENSATION CLAIMS OF SHANNON BOWLIN. This item was removed from the Agenda. COUNCIL REPORTS: Council Members reported on activities and meetings of the various Committees and Subcommittees of which they are Members. ADJOURNMENT By proper motion, the Regular Meeting of March 23, 1993, was adjourned at 950 p.m. Respectfully submitted, 0” R. 9 ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt, Minutes Clerk (9 t?