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HomeMy WebLinkAbout1993-08-03; City Council; Minutes0 0 , ,. MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 3,1993 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~ ~~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:06 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tern Stanton and Mayor Lewis. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Stanton. APPROVAL OF MINUTES: None. ANNOUNCEMENTS: Mayor Lewis announced that all Council Members have been invited to the following events, and it is possible that three or more may attend: Rancho Carlsbad Workshop, Wednesday, August 4, 1993, at 6:OO p.m. Cable TV Foundation reception for Stuart Turgel, Thursday, August 5, 1993, at 530 p.m. at the Daniels Cablevision Offices. PRESENTATIONS: Mayor Lewis presented a Proclamation for NATIONAL NIGHT OUT AGAINST CRIME to Police Captain George Suttle. Fire Chief Dennis Van Der Maaten introduced Dispatchers Laura Irwin, Bonnie Cragg and Mark Hemberger. Certificates of Commendation were presented to these employees for lifesaving services on behalf of the Carlsbad Police and Fire Departments and the citizens of Carlsbad. Mayor Lewis and Mayor Pro Tem Stanton presented Certificates of Appreciation to the Child Care Commissioners upon the completion of the work assigned to the Child Care Commission. CONSENT CALENDAR: Mayor Lewis requested Item #1 be removed from the Consent Calendar. 183 I_ 70 45 32 50 45 35 113 99 95 45 0 0 August 3, 1993 Page 2 CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 2 through 5, 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. 1. AB #12,338 - APPROVAL OF AGREEMENT REGARDING DAY USE PARKING FEES AT CARLSBAD STATE BEACH. This item was removed from the Consent Calendar. 2. AB #12,339 - EXTENSION OF BANKING SERVICES AGREEMENT WITH SAN DIEGO TRUST AND SAVINGS BANK. Council adopted RESOLUTION NO. 93-222, approving the extension of the banking services agreement with San Diego Trust and Savings Bank for an additional three-year period to January 4, 1996. 3. AB #12,340 - RETENTION OF SPECIAL COUNSEL. Council adopted RESOLUTION NO. 93-223, authorizing the retention of special counsel for eminent domain proceedings and defense of liability and workers’ compensation claims, and authorizing expenditure of funds as necessary. a. AB #12,341 - AUTHORIZATION FOR CITY ATTORNEY TO SIGN AVIARA ASSUMPTION AGREEMENTS. Council authorized the City Attorney to sign an Assumption Agreement for Master Plan MP-177 on behalf of the City and authorized the City Attorney to approve as to form an Assumption Agreement for Unity of Control for the Aviara Master Plan Community. 5. AB #12,3a2 - ACCEPTANCE OF SIDEWALK CONSTRUCTION FOR ALGA, ALICANTE AND EL CAMINO REAL - PROJECT NO. 3391. Council adopted RESOLUTION NO. 93-224, accepting construction of sidewalks on Alga, Alicante and El Camino Real as complete, directing the City Clerk to record the Notice of Completion and release bonds to Southwest Construction in accordance with State law and City ordinances. I324 m 0 'I August 3, 1993 Page 3 EM REMOVED FROM ME CONSENT CALENDAR: 70 1. AB #12,338 - APPROVAL OF AGREEMENT REGARDING DAY USE PARKING FEES AT 32 CARLSBAD STATE BEACH. 45 ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. S221, authorizing an agreement with the California State Department of Parks and Recreation and the expenditure of funds for maintaining free parking at the Carlsbad State Beach in fiscal year 1993-94. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC COMMENT: llda Shibe, 5535 El Arbol Drive, stated she did not want a trash transfer station in her neighborhood. Geoff Bell, 3686 Highland Drive, spoke about the City's Growth Management Plan as it pertains to commercial development, and specifically the proposed Leg0 park. He stated citizens should be allowed to vote on Lego. Michael Fremont, Attorney, 902 Caminito Madrigal, stated he was anticipating renting space in the Palomar Airport corridor and bringing in a group of attorneys to open an office. He said the other attorneys backed out when they found out about the anticipated Leg0 park. Darrell Pines, 201 1 Lee Court, spoke in opposition to the proposed Leg0 park. Hope Wrisley, 2080 Basswood Avenue, spoke in favor of a Leg0 park in Carlsbad. ORDINANCE FOR ADOPTION: 113 6. ;. 57 ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- 249, adopting the Rancho Carrillo Master Plan Amendment (MP-l39(E) on approximately 690 acres of land located south of Palomar Airport Road, north of Local Facilities Management Zone 6, west of the eastern City boundary, and east of the Bressi Ranch Property (Local Facilities Management Zone 17), in Local Facilities Management Zone 18. AYES Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC HEARINGS: 112 7. AB #12,343 - WEED ABATEMENT PUBLIC HEARING. Mayor Lewis opened the duly noticed Public Hearing at 650 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. 18r a 0 August 3, 1993 Page 4 PUBLIC HEARINGS: (Continued) ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93- - 225, confirming the report of the Fire Chief showing cost of weed abatement against each parcel of land in said report, confirming the cost and providing for collection on the regular tax bill. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila '. 3 8. AB #12,344 - ST. FRANCIS COURT - CUP 90-15. Mayor Lewis opened the duly noticed Public Hearing at 7:32 p.m., and issued the invitation to speak. Based on Council questions, C-ky Attorney Ron Ball suggested the following changes: Condition #9 be modified to include: 'annual review by the Planning Commission upon a recommendation of the Planning Director'; #28c include 'annual review of the leases'; and Condition #30 include 'or such other conversion as deemed appropriate to correct the violation, including the addition of onsite parking'. Nick Banche, Attorney, 81 0 Mission Avenue, Suite 200, Oceanside, representing John and Mary Steiger and Barbara Lange, owners of the property, spoke about the need for affordable senior housing in Carlsbad and requested approval of this project. Roy Blackford, Architect, 2942 Harding Street, answered Council queries regarding the sun deck proposed for the back of the project. Council Member Finnila inquired whether the edge of the sun deck could be recessed and planted with screening plants to keep the people from looking over the edge into the houses below. Mr. Blackford responded in the affirmative. Mr. Banche stated that the screening could be done to the satisfaction of the Planning Director. Ida Yolles, 3448 Don Jose, representing seniors, spoke in favor of the project, stating that the Federal Government has mandated affordable housing in the City of Carlsbad, and this is an ideal location, as it is within walking distance to the Senior Center, shops and doctors' offices. Fred Swearingen, 3250 Donna Drive, spoke in favor of the project, stating that seniors are good neighbors. Janette Kyle, 2986 Coletta Park, spoke in favor of the project, stating that seniors need to be close to their families. Greg Anderson, 1645 St. James Court, urged approval of the project, stating it would be a good project for this location. llda Shibe, 5535 El Arbol Drive, stated she was neither for nor against this project, but was concerned about the cost of annual review and requested the amount of parking be increased to eliminate a potential problem. Patricia Speelman, 2430 Buena Vista Circle, stated she is not opposed to senior housing, but the difficulty with this project is the density and the massiveness of the buildings. She stated this would impact her home and requested that the buildings be redesigned to be less massive and I 80 0 rn August 3, 1993 Page 5 PUBUC HEARINGS: (Continued) Jo Ellen Penman, 2431 Buena Vita Circle, spoke in opposition to the project, stating she is concerned about the parking and the density of the project. Mrs. 'Jodie Cook, 2409 Buena Vista Circle, stated she opposes the project as she wants to preserve the small circle of homes on Buena Vista Circle without massive, three-story buildings as their neighbor. Robert Pat Kelly, 2770 Sunny Creek Road, spoke in favor of the project, stating affordable housing is needed in Carlsbad and this is a viable project. He stated that if the size of the project would be reduced, he felt it would not be economically viable. He read a letter from R. R. Robinson in support of the project. Jack Ferrer, 3990 Scott Drive, spoke in favor of the project, stating it will be an asset for Carlsbad. Diedre Knowlton, 2430 Buena Vista Circle, expressed concern with the massive structure and stated it would greatly affect her house and the amount of sun she has in her yard and home. She stated there is an SDG&E easement that would preclude having any tall trees to shield the project. Victor Lockwood, 2450 Buena Vista Circle, spoke in opposition to the project due to the density and felt 14 large units would be better than the proposed 76 smaller units. He stated that the parking would be a problem as the parking restrictions would not be enforceable. Onda Lockwood, 2450 Buena Vista Circle, stated she opposes the project due to the parking. The seniors will all be driving and all have cars, which will create a problem in the neighborhood. David McMahon, 2401 Buena Vista Circle, spoke in opposition to the project, stating that all those who favor the project do not live in the area. He said it was a good idea, but he questioned the enforcement of the restriction of one car for every two units. He stated he wanted the sidewalk requirement to be met in that area. Nancy David, 2361 Buena Vista Circle, stated she was in agreement with her neighbors and that all of them had signed a petition opposing this project. Nick Banche, 810 Mission Avenue, spoke in rebuttal, stating there was no reason to deny this project. If more landscaping is required, that will be provided. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:53 p.m. In response to query, Mr. Banche stated that the back building containing eight units had already been reduced in height, and trees would provide adequate screening. Additionally, no evidence was presented that the parking is insufficient. Mayor Lewis made a motion to delete the eight units in the building in the back part of the project in order to allow for additional onsite parking. The motion died for lack of a second. i 39 0 4) August 3, 1993 Page 6 PUBUC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93 - 227, approving a Conditional Use Permit to develop a senior citizen housing project consisting of 76 units on property generally located on the north side of Laguna Drive at the terminus of Madison Street (CUP 90-15), with the following amendments and additions: (1) Amending the second sentence of Condition #9 of Planning Commission Resolution No. 3267 to read "This. Conditional Use Permit shall be reviewed by the Planning Director, or the Planning Commission on the recommendation of the Planning Director, on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare". (2) Amending Condition 28(c) of Planning Commission Resolution No. 3267 to read "The rental lease shall be reviewed by the Planning Director and City Attorney prior to the issuance of any Certificates of Occupancy, and annually thereafter". (3) Amending Condition 30 of Planning Commission Resolution No. 3267 by adding the following wording at the end of the condition "or such other conversion as deemed appropriate to correct the violation, including the addition of onsite parking". (4) Addition of a condition requiring the deck to contain screening plants and that the screening for the deck be set back from the edge of the building a minimum of five feet; and a condition that requires all trees in the back of the project be at least a 24-inch box size with uniform spreading. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93 - 226, approving a Negative Declaration for a Conditional Use Permit to allow the development of a senior citizen project consisting of 76 units on property generally located on the north side of Laguna Drive at the terminus of Madison Street. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila On behalf of the applicant, Mr. Banche agreed to the changes and additions. RECESS: Mayor Lewis declared a recess at-9:23 p.m., and Council re-convened at 9:42 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 9:43 p.m., and re-convened at 955 p.m., with all Members present. IW I * f I a '. august 3, 6993 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 37 9. AB #12,345 - 1993 CITY COUNCIL GOALS AND OBJECTIVES MID-YEAR UPDATE. This item was continued. 39 10. AB #12,346 - FISCAL YEAR 1992-93 ANNUAL REPORT ON INVESTMENT PORTFOLIO. Council accepted and filed the report by the City Treasurer. 102 11. AB #12,347 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF GRAND AVENUE. This item was continued. 28 12. AB #12,348 - APPOINTMENTTO SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-228, appointing E. J. "Woody' Woodward to the Serra Cooperative Library System Advisory Board, and Council appointed Dr. Thomas Curtin as Alternate. 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 August 3, 1993, was adjourned at 10:28 p.m. Respectfully submitted, &xifke ALETHA L. WUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 1'33