HomeMy WebLinkAbout1993-06-22; City Council; Minutes0 a
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 22,1993
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m.
ROLL CALL: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and
Mayor Lewis.
Absent: None.
APPROVAL OF MINUTES:
None.
PRESENTATION:
Mayor Lewis presented Certificates of Appreciation and Council Members presented pins to Carlsbad High
School Valedictorians Wendy Abulafia and Salutatorians Jeff Bethel, Chris Moustakas, Jacob Sexton and
Juliette Christine Wattles, in recognition of their outstanding accomplishment.
ANNOUNCEMENT:
City Manager Ray Patchett introduced the new Fire Chief, Dennis Van Der Maaten.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the
action of the Consent Calendar, Items 1 through 1 1, as follows:
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
68 1. AB #12,269 - SHORELINE PRESERVATION STRATEGY FOR SAN DIEGO REGION.
Council adopted RESOLUTION NO. 93-174, supporting the Shoreline Preservation Strategy as
recommended by the San Diego Association of Governments (SANDAG).
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CONSENT CALENDAR: (Continued)
2. AB #12,270 - ENCINA WASTEWATER AUTHORITY FY 1993-94 OPERATING AND CAPITAL
IMPROVEMENT BUDGETS.
Council adopted RESOLUTION NO. 93-1 84, approving the Encina Wastewater Authority FY 1993-
94 Operating Budget; and
adopted RESOLUTION NO. 93-185, approving the Encina Wastewater Authority FY 1993-94
Capital Improvement Budget.
3. AB #12,271 - ACCEPTANCE OF CALIFORNIA STATE LIBRARY GRANT FOR CHILDREN’S
MATERIALS.
Council adopted RESOLUTION NO. 93-1 75, accepting a grant in the amount of $22,500 from the
California State Library to supplement funding for children’s materials and enhance services and
resources for children and youth at library branch facilities.
4. AB #12,272 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 93-176, accepting a donation of $505.50 from the Friends
of Carrillo Ranch for deposit into the Carrillo Ranch Trust.
5. AB #12,273 - AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY FOR BATlQUlTOS
LAGOON ENHANCEMENT PROJECT UTILITY RELOCATION.
Council adopted RESOLUTION NO. 93-1 77, approving an agreement with the Southern California
Gas Company for utili relocation planning and design services required for the Batiquitos
Lagoon Enhancement Project and appropriating funds in the amount of $40,000, subject to full
reimbursement of all City costs from the Port of Los Angeles.
6. AB #12,274 -CLARIFICATION OF MEMBERSHIP GUIDELINES ANDTERMS OF BEACH EROSION
COMMITTEE.
Council adopted RESOLUTION NO. 93-178, rescinding Resolution No. 8596, clarifying
membership of the Beach Erosion Committee, setting specific guidelines for conducting
Committee activities and staggering the terms of all Members.
7. AB #12,275 - AUTHORIZATION OF APPLICATION FOR CALIFORNIA STATE LIBRARY GRANT.
Council adopted RESOLUTION NO. 93-179, authorizing the Carlsbad City Library to apply for
grant funds in the amount of $36,231 from the California State Library to support remodeling of
existing library facilities to comply with the Americans with Disabilities Act (ADA).
8. AB #12,276 - AWARD OF CONTRACT FOR 1991-92 STREET SLURRY SEAL PROGRAM -
CONTRACT NO. U/M 93-4.
Council adopted RESOLUTION NO. 93-180, accepting bids and awarding a contract in the
amount of $1 62,155.94, to Asphalt Maintenance Company of Visalia, California, for the 1991 -92
Street Slurry Seal Program.
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CONSENT CALENDAR: (Continued)
28 9. AB #12,277 - EXTENSION OF TERM FOR OPEN SPACE ADVISORY COMMITTEE.
Council adopted RESOLUTION NO. 93-181, extending the term of the Open Space Advisory
Committee and its Members for a period of one year and updating the Committee’s role, purpose
and procedures.
99 10. AB #12,278 - REQUEST FOR EXTENSION OF TENTATIVE MAP FOR TIERRA SANTA FE - CT 90- - 4.
Council adopted RESOLUTION NO. 93-182, granting a one-year extension of time for the
tentative map for CT 90-49.
39 11. AB #12,279 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of City investments as of May
31, 1993.
PUBLIC COMMENT:
Ike Eicher, 6753 Paseo del Vista, spoke in favor of a Leg0 park in Carlsbad.
Bill Jubb, 3993,Highland, spoke in opposition to a Leg0 park in Carlsbad.
Peder Norby, 2630 Valewood Street, Chairman of the Legoland Task Force, stated that three members
of the Task Force made the trip to Denmark to get factual information on the Legoland Park. He spoke
in favor of a park locating in the Ci.
Geoff Bell, 3686 Highland, spoke against a Leg0 park in Carlsbad.
Jim Young, 3951 Park, spoke in opposition to a Leg0 park in Carlsbad.
Kathy Moll, 3730 Yvette Way, spoke in opposition to a Leg0 theme park in Carlsbad.
Roy Werner, 2545 Navarra Drive, La Costa Resort, spoke in favor of a Lego park in Carlsbad.
John Strayer, 2001 Cima Court, referred to a photograph that appeared in Thursday’s Carlsbad Sun,
where he was pictured under an anti-Lego park sign. He stated he was very much in favor of a Leg0
park.
AI Dauber, 2564 Navarra Drive, #2B, spoke in favor of a Leg0 theme park in Carlsbad.
Julie Beer, 3433 Calle Odessa, spoke in favor of Leg0 locating in Carlsbad.
John Mamaux, 1393 Basswood, spoke on SB 263, which is a bill to replace or refund the money collected
under Proposition A for jails. He recommended this money not go to the Board of Supervisors, but be
put into the Transportation Act, so the public could get some benefit from it.
Hope Wrisley, 2080 Basswood Avenue, spoke in favor of Leg0 locating in Carlsbad.
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PUBLIC COMMENT: (Continued)
Jim Courtney, 1861 Southview Driie, expressed concern over work being halted on Palomar Airport Road
because of a California Gnatcatcher’s nest.
Dave Bradstreet, Director, Parks and Recreation Department, gave an update on the Xeriscape being
completed at the front of City Hall.
ORDINANCE FOR ADOPTION:
114 12. AB #12,280 - AMENDMENT OF MUNiClPAL CODE REGARDING DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES - ZCA 92-7.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS-
addition of Section 21.04.306 to define habitable space or structure and
amending Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad Municipal
Code by the amendment of Subsection (1) (D) and (2) (D) (E); Chapter 21.10,
Section 21.10.050 Subsection (1) (D) and (2) (D) (E); Chapter 21.12, Section
21.12.050 Subsection (1) (D) and (2) (D) (E); Chapter 21.16, Section 21.16.050
Subsection (1) (D) and (2) (D) (E); Chapter 21.1 8, Section 21.18.050 Subsection
(7) (C) (D) and (8) (5); Chapter 21 20, Section 21.20.080 (1); Chapter 21.22,
Section 21 22.060; Chapter 21.24, Section 21.24.090; to amend the development
standards for accessory structures in the residential zones of the City.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
- 243, amending Title 21, Chapter 21.04 of the Carlsbad Municipal Code by the
PUBLIC HEARINGS:
64 13. AB #12,281 - STREET LIGHTING AND IANDSCAPING DISTRICT NO. 1.
Mayor Lewis announced that this was the first of two public hearings relating to the levy of the
annual assessments for costs of maintenance of improvements for Street Lighting and
Landscaping District No. 1.
The City Clerk announced that notice had been given in the manner and form as required by law,
and a Certificate of Compliance is on file and open for public inspection.
Staff gave a report explaining the boundaries of the District, and the extent of maintenance work.
Staff then presented and summarized the report, explained the method and formula of
assessment spread, and announced that no protests had been received to date.
Mayor Lewis opened the duly noticed Public Hearing at 7:15 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
Mayor Lewis announced the second Public Hearing will be July 20, 1993.
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PUBLIC HEARINGS: (Continued)
97 14. AB #12,282 - INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR RIGHT-OF-WAY
ACQUISITION - CARLSBAD VILLAGE DRIVE STREETSCAPE V - PROJECT NO. 3347.
In response to Council query, staff stated the median could be redesigned to eliminate the
eastbound left-turn access into Motel 6.
Mayor Lewis recommended that the eastbound left-turn access to Motel 6 be closed if the owners
of Motel 6 and Carl’s, Jr. cannot reach agreement on shared access.
Mayor Lewis opened the duly noticed Public Hearing at 7:28 p.m., and issued the invitation to
speak.
Norman Vetter, Attorney, 81 0 Mission Avenue, Suite 300, Qceanside, representing Greg Losa, the
owner of the property, stated the owner’s only request is that he have left turn access to his
property, whether it is direct or shared with the Motel 6 property. Mr. Vetter stated Mr. Losa is
prepared to donate to the City the necessary right-of-way, if his propetty can be reasonably
served by a left-turn access. He stated the project as presently planned would inflict horrendous
injury to Mr. Losa. He requested Council not adopt the Resolution based on the fact that it is not
compatible with the least private injury, and if the Resolution is adopted, he requested Council
direct staff to work with them concerning shared access with Motel 6.
Larry Young, 1200 North Harbor Drive, Anaheim, representing Carl’s Jr., stated the lease for Carl’s
Jr. expires in 1994, with three-five year options after that. The median will be detrimental to their
business, as there will be a complete loss of access for eastbound traffic. He requested Council
use eminent domain to acquire the easement required for shared access.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:42
p.m.
CLOSED SESSION:
ACTION: On motion by Mayor Lewis, Council adjourned to a Closed Session at 7:47 p.m.,
to discuss possible litigation concerning Eminent Domain.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
Council re-convened at 8:05 p.m., with all Members present.
RECESS:
Mayor Lewis declared a Recess at 8:05 p.m., and Council re-convened at 8:lO p.m., with all
Members present.
Mayor Lewis announced that staff had been instructed in Closed Session concerning the property
owners.
City Engineer Lloyd Hubbs reiterated the fact that the need for the right-of-way relates to the
widening of the intersection of Harding, which accommodates a U-turn, and would be needed no
matter what configuration the nedian island took, and it is absolutely needed for the project.
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PUBLIC HEARINGS: (Continued)
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-183,
authorizing and directing the condemnation of certain real property interests in
the City of Carlsbad and declaring the public necessity thereof.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 8:ll p.m., and re-convened at 8:12
p.m., with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #12,283 - APPEAL OF TRAFFIC SAFETY COMMISSION RECOMMENDATION REGARDING
ON-STREET PARKING ON CAMINO DE LOS COCHES.
James Courtney, 1861 Southview Drive, spoke in favor of the appeal to allow parking on Camino
De Los Coches.
David Cain, 1212 La Sobrina, Solana Beach, spoke in favor of the appeal to allow on-street
parking.
Len Giuffre, 2930 Sombrosa Street, President, La Costa Youth, stated they are one of the largest
users of the Park between January and June, and it is a burden for non-profit organizations to
apply for special use permits. He spoke in favor of the appeal.
Gary Cox, 2931 Via Ipanema, representing La Costa Youth Organization and La Costa 35, spoke
in favor of the appeal to allow on-street parking.
Mark Witherall, 7172 Obelisco Circle, La Costa 35 and Athletic Club, spoke in favor of the on-
street parking. He explained how much time is required to put up signs and take them down for
special events, and also the costs involved.
David Harshman, 7824 Gaviota Circle, stated he supported the on-street parking.
Hugh Terrell, 2719 Llama Court, La Costa Youth, Leucadia Soccer, La Costa 35 and Athletic Club,
spoke in favor of the on-street parking.
Mark Roach, 3534 Calle Gavanzo, La Costa 35 and Athletic Club, spoke in favor of the parking
and the reduction to two lanes to discourage speeding.
John Strayer, 2001 Cima Court, La Costa 35 and Athletic Club, Appellant, requested that Council
approve the appeal to allow the on-street parking.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Pro Tern Stanton, Council upheld the appeal of the Traffic
Safety Commission’s denial of a request to allow on-street parking at Stagecoach
Park, and directed staff to return at a later date with documents to approve the
necessary funding of this project, and authorized staff to initiate the project in
accordance with the striping shown on Alternative 2 in the Agenda Bill.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
ACTION: On motion by Mayor Lewis, Council directed staff to refund the $120 appeal fee
to the Appellant, and directed staff to prepare a Council Policy stating if
Appellants are successful at Council, their appeal fee will be refunded.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
ACTION: By consensus, Council directed staff to investigate methods of improving the
current path created by people walking between parking lots #2 and #3 at the
Park.
9 16. AB #12,284 - REQUEST FOR WAIVER TO ALLOW RECORDATION OF FINAL MAP FOR CT 85-9 - CALIFORNIA PACIFIC HOMES.
Financial Management Director Jim Elliott gave the staff report on the matter, and presented the
following staff recommendations:
I. Direct staff to prepare documents for the implementation of a fee program which will fund
Rancho Santa Fe Road;
2. Direct staff to prepare documents for the creation of a Community Facilities District to
finance Rancho Santa Fe Road; and
3. Direct staff to prepare modifications to the Zones 11 and 12 Local Facility Management
Plans to make them consistent with the proposed financing plan.
E. Dale Gleed, 9191 Towne Centre Drive, representing California Pacific Homes, spoke in favor
of staff recommendation. He expressed concern about the timing, as there is a narrow
opportunity to coordinate with the High School District.
Bill Berrier, 773 Val Sereno Drive, Encinitas, representing San Dieguito Union High School District,
emphasized that it is important for the grading to go forward concurrently and he urged Council
to support allowing California Pacific to move forward with their project. He spoke in support of
the staff recommendation.
Susan Hartley, 3334 Cab0 Way, representing the Board of Trustees of San Dieguito High School
District, spoke in support of the staff recommendation.
Deanna Rich, 12912 Long Boat Way, President of San Dieguito School Board, spoke in favor of
the staff recommendation.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Cathy Regan, 7728 Palacio Drive, Board of Trustees of San Dieguito Elementary District and the
Encinitas Union School District, spoke in favor of the cooperation between government and
private industry and staff recommendation.
Gary Cox, 2931 Via Ipanema, Parks and Recreation Commissioner, urged support of the staff
recommendation.
Len Giuffre, 2930 Sombrosa Street, La Costa Youth Organization, spoke in support of the staff
recommendation.
David Harshman, 7824 Gaviota Circle, spoke in favor of allowing this project to proceed to save
the school district 1.6 million dollars.
Tim Reeve, 3236 Calle Vallarta, spoke in favor of the staff recommendation.
John Strayer, 2001 Cima Court, spoke in favor of staff recommendation.
Eric Armstrong, 2817 La Nevasca Lane, spoke in favor of the cooperation between California
Pacific Homes and the school district.
Doug Avis, Fieldstone Company, 6670 El Camino Real, stated it was time to build Rancho Santa
Fe Road, and he agreed with the staff recommendation. He recommended a fee program and
the developers signing a document waiving their right to protest the formation of the Community
Facilities District.
Alan Recce, 7442 Trigo Lane, suggested a finance committee be formed to develop a financing
plan in a short period of time.
Sherm Harmer, 9191 Towne Center Drive, Division Manager, California Pacific Homes, stated he
is responsible for the funding and management of this property, and they must have the right to
build. He stated that approval is needed by August 1, at the latest, and recommended that
Council pass a motion that would be a matter of record that conceptual approval had ben given
for California Pacific Homes to move ahead. They are willing to pay all fees and sign a contract
saying they agree to support the CFD, when it is formed.
ACTION: On motion by Mayor pro Tem Stanton, Council approved the concept of the
phasing of Rancho Santa Fe Road and a financing proposed by staff of fees and
a CFD program; directed staff to return with a recommendation on how to meet
the needs of the school district, and directed staff to return with a Resolution
which summarizes Council action.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
55 17. AB #12,289 - APPROVAL OF AMENDED INTERIM SOLID WASTE AGREEMENT. $5 ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 186, approving an amended agreement by, between and among the County of
San Diego and various cities of the County establishing an Interim Solid Waste
Commission and providing for the disposal of solid waste; subject to the following
conditions contained in Attachment B.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
70 18. AB #12,285 - REQUEST FROM BUENA VISTA LAGOON FOUNDATION TO APPLY FOR A GRANT FOR CONSTRUCTION OF A BOARDWALK.
This item was continued.
32 19. AB #12,286 - UPDATE ON STATE BUDGET.
This item was continued.
i13 20. AB #12,287 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT - Dl 92-5. $5 This item was continued.
i7 21. AB #12,288 - AMENDMENTS TO MUNICIPAL CODE REGARDING REGULATION OF SKATEBOARDING AND ROLLER SKATING.
This item was continued.
COUNCIL REPORTS:
Council Reports were continued to July 6, 1993.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 22,1993, was adjourned at 10:48 p.m., in memory of Gary
Galloway.
Respectfully submitted, &&25kip-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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