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HomeMy WebLinkAbout1993-07-20; City Council; Minutes (2)0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 20, 1993 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:14 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. .. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held July 6, 1993. Minutes of the Regular Meeting held July 6, 1993. Minutes of the Special Meeting held July 13, 1993. Minutes of the Regular Meeting held July 13, 1993. CONSENT CALENDAR: Mayor Lewis requested Item #3 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 and 2, 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. 99 1. AB #12,317 - TENTATIVE MAP EXTENSION - CT 84-32(A), COBBLESTONE SEA VILLAGE. Council adopted RESOLUTION NO. 93-206, approving a one-year extension of the tentative map for Carlsbad Tract 8432(A), Cobblestone Sea Village. f)@7 0 0 41 55 45 113 45 67 67 July 20, 1993 Page 2 CONSENT CALENDAR: (Continued) 2. AB #12,318 - CITY EMPLOYEES AUTHORIZED TO FILE SMALL CLAIMS COURT ACTIONS. Council adopted RESOLUTION NO. 93-207, designating and authorizing certain City employees to file claims for damages in small claims court on behalf of the City. ITEM REMOVED FROM THE CONSENT CALENDAR: 3. AB #12,329 - PROPOSED AMENDMENT TO THE INTERIM SOLID WASTE AGREEMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-217, approving an amended Solid Waste Interim Agreement. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: Hope Wrisiey, 2080 Basswood, spoke in favor of a Leg0 park in Carlsbad, stating the elected officials should be allowed to decide whether or not Leg0 builds in Carlsbad without the expense of a special election. She stated that the impact on traffic would not be significant. ORDINANCES FOR ADOPTION: 4. AB #12,319 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT - Dl 92-5.. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS- of Carlsbad and the Aviara Master Plan developer to provide for the accelerated development of affordable lower-income inclusionary housing units (Dl 92-5). - 245, approving an Affordable Housing Development Agreement between the City AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 5. AB #12,320 - RESTRICTIONS ON SKATEBOARDING AND ROLLER SKATING. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- - 246, amending Title IO, Chapter 10.32 and Chapter 10.58 of the Carlsbad Municipal Code for restrictions on skateboarding. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 6. AB #12,321- CLARIFICATION OF APPEAL PROCEDURES FOR DEFERRAL OF IMPROVEMENTS. ACTION: On motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS- - 249, amending Title 18, Chapter 18-40 of the Carlsbad Municipal Code by the amendment of Section 18.40.080 to clarify appeal procedures for deferral of improvements. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila J b2? 0 0 July 20, 1993 Page 3 ORDINANCES FOR ADOPTION: (Continued) 67 7. AB #12,322 - REGULATION OF HOURS OF PEDDLING, SOLICITING AND/OR VENDING. ACTION: Qn motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- amending Section 8.32.050 by changing the hours in which a person can solicit at a private residence. - 250, amending Title 8, Chapter 8.32 of the Carlsbad Municipal Code by AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC HEARINGS: 64 8. AB #12,323 - STREFT LIGHTING AND LANDSCAPING DISTRICT NO. I. Mayor Lewis announced this was the time and place for the Public Hearing relating to the levy of the annual assessments for costs of maintenance of improvements for STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. The Assistant City Clerk announced that notice had been given in the manner and form as required by law and a Certificate of Compliance was on file and open for public inspection. Staff presented a report including: The description of the boundaries of the District; explanation of the extent of the maintenance work; summary of the "Report" pursuant to the "Landscaping and Lighting Act of 1972"; explanation of the method and formula of assessment spread; and reported that no protests had been received. Mayor Lewis opened the duly noticed Public Hearing at 6:45 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 Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 208, confirming the diagram and assessment and providing for the levy of the annual assessment in a Special Maintenance District. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 113 9* AB #12,301 - RANCHO CARRILLO MASTER PLAN PROJECT - EIR 914/GPA 91-6/MP 139(E)HDP 57 91 -17. Mayor Lewis announced that Council would hear all the public testimony at this meeting, and that Council decision and action on the matter would take place at the July 27, 1993, meeting. Brian Hunters stated that staff had received a letter from Parker, Milliken, Clark, O'Hara & Samuelian, Attorneys representing the Bressi Ranch Property, stating that the Trustee will monitor future development activities as the development of the Rancho Carrillo site goes forward. Planning Director Mike Holzmiller requested that the above letter, dated July 19, 1993, be made part of the record. Mayor Lewis opened the duly noticed Public Hearing at 7:12 p.m., and issued the invitation to speak. /6 7 0 0 July 20, 1993 Page 4 PUBUC HEARINGS: (Continued) Chris Chambers, 12636 High Bluff Drive, representing Continental Homes and Master Plan applicants, concurred with the staff recommendation and asked for approval. Mr. Chambers explained that the number of units proposed has now been decreased, and additional open space has been provided in the center of the valley surrounding the park site. Mr. Chambers requested rebuttal time at the end of the Public Hearing. Alan Kindle, 2622 El Aguila Lane, representing Friends of Carrillo Ranch, Inc., provided a verbatim text of the recommendations of the Friends. Mr. Kindle stated that entry and parking for the park should be required off Carrillo Way; the school site should be reconfigured; and the original northern historical entry to the Ranch should be preserved. He stated that his group had not been included in discussions regarding the alignment of Melrose and Carrillo Way. Catherine Daugherty, 2600 La Golondrina, representing the Carlsbad Arboretum Foundation, stated the Foundation was formed in 1988 to develop an arboretum in the open space in the Carrillo valley. She stated that part of the area proposed for the arboretum would be used for the school site. William Daugherty, 2600 La Golondrina, representing the Buena Vista Audubon Society, spoke in opposition to the proposed development plan. He stated that Melrose cuts through riparian areas and grasslands adjacent to the stream. He recommended that Carrillo Way be relocated out of the stream bed. Samuel Chereskin, who recently moved to Leucadia, representing the Historic Preservation Commission, stated the Commission is concerned with the loss of the historic northern entrance to the Ranch and the deficiency of the proposed southern access. He suggested that access be provided from Carrillo Way. Susan Denny, 1725 Redwing, San Marcos, representing Meadowlark Homeowners, spoke in opposition to the proposed plan, stating that Redwing would become a shortcut to Rancho Santa Fe Road if a connection is made. She stated the access should be for the sole purpose of emergency vehicles and should be kept blocked otherwise. Dr. Nora La Corte, 2507 La Golondrina, expressed concern about building on the sites located in the flood plain. Me1 Carrillo, 25478 Lake Wohlford Road, Valley Center, stated his grandfather and Leo Carrillo were brothers. He asked that the Ranch be saved for future tourists and children, and that the link to the past be preserved. Floyd Best, 21 96 Palomar Airport Road, Noise Abatement Officer for McClellan-Palomar Airport, expressed concern about building a residential development within the three mile airport traffic area. He stated there is also concern about placing a school where there will be flights overhead and he added that the noise level will be greater than stated in the EIR. Meta Irvine, 6759 Nepeta Way, who lives near the flower fields, stated the noise from the airport creates a constant problem with complaints. She stated she represents the Carlsbad Historical Society and there is concern about the access to the Ranch as well as about the provision of parking for cars and buses. /66 0 0 July 20, 1993 Page 5 PUBUC HEARINGS: (Continued) Kay Christiansen, 2802 Carlsbad Boulevard, representing Carlsbad Historical Society, stated the historical background is very vital to Carrillo Ranch, and that the original entrance to the ranch is part of the history and should be maintained. She stated her concern with the security at the Carrillo Ranch to protect the ranch buildings during construction of the proposed residences. She stated that further damage to the Ranch could be irreparable. Mary Casler, 3843 Highland Drive, spoke about her concern regarding the heart of the property, the Ranch. She stated that good access is crucial for a healthy, well-used park, and that Carrillo Way should be moved if necessary to provide park access from Carrillo Way and preserve the northern historical entrance to the Ranch. Chris Chambers spoke in rebuttal, stating that no new information has been presented tonight, or any new request made, that staff has not already heard over the last four years. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:33 p.m. Mayor Lewis stated that Carlsbad has no jurisdiction over the selection of school sites, and that anyone concerned with that issue should contact the San Marcos School District. City Attorney Ron Ball stated that school districts are empowered by the State to plan and locate their schools, and they can override local zoning by a two-thirds vote of the School Board. The matter was continued for one week, and Council requested staff report at the next meeting regarding: the matter of access to the Ranch, the possibility of providing a northern access and parking, and the possibility of moving Carrillo Way; the elevation differences and question of access for the disabled on the proposed southern entrance; the Fish and Wildlife, Fish and Game and Corps of Engineers positions on the location of Melrose; the arboretum question and matter of disturbance of habitat area and animal circulation; the flood plain issue and damage which would occur from a one-hundred year storm; the connection to Redwing; the possibility of purchasing land for a Carrillo Way access; the impacts of noise on the school site and residential areas; and the issue of park planning and security. RECESS: Mayor Lewis declared a recess at 8:48 p.m., and Council re-convened at 9:00 p.m., with all Members present. CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 9:00 p.m., and re-convened at 9:Ol p.m., with all Members present. 165 0 a July 20, 1993 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: 102 10. AB #12,324 - REVISION OF SPEED LIMIT UPON A PORTION OF CARLSBAD BOULEVARD. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-251, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.030 to revise the existing 35 mile per hour prima facie speed limit upon a portion of Carlsbad Boulevard to establish a 30 mile per hour prima facie speed limit from Tamarack Avenue to Walnut Avenue and to establish a 25 mile per hour prima facie speed limit from Walnut Avenue to Mountain View Drive. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Council requested staff to conduct a count of the walkers in that area and to investigate the possibility of legislation to allow cities that have a street fronting on the ocean to count residences for speed limits in a different manner. 28 11. AB #I 2,325 - CARLSBAD PERSONNEL BOARD APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions: RESOLUTION NO. 93-209, re-appointing William Compas to the Carlsbad Personnel Board; RESOLUTION NO. 93-210, appointing James Page to the Carlsbad Personnel Board; and RESOLUTION NO. 93-211, re-appointing Paul Newman to the Carlsbad Personnel Board. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 63 12. AB #12,326 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions: RESOLUTION NO. 93-212, appointing Ann L'Heureux to the Library Board of Trustees: and RESOLUTION NO. 93-213, re-appointing Emmett Woodward, Jr. to the Library Board of Trustees. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Id4 e a July 20, 1993 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 28 13. AB #12,327 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. This item was continued. 103 14. AB #12,328 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions: RESOLUTION NO. 93-215, re-appointing Bud Green to the Traffic Safety Commission; and RESOLUTION NO. 93-216, appointing Girard Anear to the Traffic Safety Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of July 20, 1993, was adjourned at 9:22 p.m. Respecffully submitted, && Assistant City Clerk Harriett Babbitt Minutes Clerk id3