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Home My WebLink About1993-09-21; City Council; Minutes0 MINUTES MEmNG OF: CITY COUNCIL (Regular Meeting) DATE OF MEmNG: September 21, 1993 TIME OF MEmNG: 6:OO p.m. PLACE OF MEEllNG: Ci 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, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. INVOCATION was given by Rabbi Elifort from the Chabad at La Costa Center. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Stanton. APPROVAL OF MINUTES: On motion by Council Member Nygaard, the following Minutes were approved as presented: Minutes of the Special Meeting held September 7, 1993. Minutes of the Regular Meeting held September 7, 1993. Minutes of the Regular Meeting held September 14, 1993. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ABSTAIN: Stanton (Minutes of the Regular and Special Meetings of September 7, 1993.) CONSENT CALENDAR: Mayor Lewis removed Items #1 and #2 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 3 through 6, 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 #12,399 - APPROVAL OF AGREEMENT WITH CARLSBAD CHAMBER OF COMMERCE. 45 This item was removed from the Consent Calendar. AAO 0 0 70 45 39 97 45 41 70 68 45 September 21, 1993 Page 2 CONSENT CALENDAR: (Continued) 2. AB #12,396 - APPROVAL OF USE AGREEMENT WITH NORTH COAST AQUATICS. This item was removed from the Consent Calendar. 3. AB #12,397 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of August 31, 1993. 4. AB #12,398 - APPROVAL OF JOINT USE AGREEMENT WITH SDG&E FOR ELECTRICAL TRANSMISSION LINE - PALOMAR AIRPORT ROAD/EL CAMINO REAL WIDENING - PROJECT NO. 31. Council adopted RESOLUTION NO. 93-265, approving a joint use agreement with San Diego Gas & Electric Company for the portions of a 69 Kv electrical transmission line located on the southerly side of Palomar Airport Road, within the Palomar Airport Road/El Camino Real widening project. 5. AB #12,400 - SETTLEMENT OF LAWSUIT ENTITLED ZACHARY V. TREJO, CASE NO. N55508. Council adopted RESOLUTION NO. 93-266, authorizing the expenditure of funds in the amount of $72,448.23 for settlement of the lawsuit entitled Zacharv v. Treio, Case No. N55508. 6. AB #12,401 - APPROVAL OF DEED RESTRICTION FOR POINSETTIA COMMUNITY PARK - PROJECT NO. 3348. Council adopted RESOLUTION NO. 93-267, approving a deed restriction on a portion of City- owned property as a condition of California Coastal Commission Permit No. 6-92-182, and California Department of Fish and Game Permit No. 5-222-93, for construction of future Poinsettia Park. EMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #12,399 - APPROVAL OF AGREEMENT WITH CARLSBAD CHAMBER OF COMMERCE. Steve Link, Manager, Carlsbad Convention &Visitors Bureau, 161 6 Avenida Guillermo, Oceanside, requested Council approval of funds for the period of October 1, 1993, through September 30, 1994. Mr. Link listed the benefits to the City due to the marketing programs by ConVis, and stated with the reduction in funds, those programs would be reduced. Hope Wrisley, 2080 Basswood, spoke in favor of the ConVis funding. Gene Forsyth,’2505 Via Asturo, representing the Village Merchants, requested full funding for the ConVis. am e 0 September 21, 1993 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- provision of professional services and promotion of tourism for the period October 1, 1993, through September 30, 1994. - 263, approving an agreement with the Carlsbad Chamber of Commerce for the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 70 2. AB #12,396 - APPROVAL OF USE AGREEMENT WITH NORTH COAST AQUATICS. 45 ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93- - 2fM, approving an agreement with North Coast Aquatics for their use of the Community Swim Complex to conduct a competitive swimming program. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC COMMENT: John Seymour, 6336 Greenwich Drive, #F, San Diego, representing the Construction Industry Federation, stated that Carlsbad's development fees are the highest and their building permit process is the slowest in North County. He requested Council direct the City Manager to review and report on the matter. Hope Wrisley, 2080 Basswood Avenue, spoke in favor of a Leg0 park in Carlsbad, stating that an Initiative is premature at this point in time. Robert Nielsen, 3805 Sierra Morena, spoke in favor of allowing Leg0 to select Carlsbad and going through the process as required by the Growth Management Plan; then give the public the opportunity for input. Peder Norby, 2630 Valewood Avenue, stated that the Growth Management Plan assures quality of life for all Carlsbad citizens, and that process should be allowed to work with regard to the building of a Leg0 park. PUBUC HEARINGS: 113 7. AB #12,382 - EIR 90-5/GPA 90-4/MP 150(G)CT-90-26/PUD 90-26/HDP 90-33 - CALAVERA 99 HEIGHTS. 57 Mayor Pro Tem Stanton left the dais, stating she has a conflict of interest. Staff presented a copy of a condition that they would present to the applicant and the School District for approval, as follows: "Prior to the approval of the first final map within the boundaries of the Master Plan, the Master Plan developer and the Carlsbad Unified School District shall enter into an agreement to address the impact of the development on school facilities; provided further, however, that if the Carlsbad Unified School District seeks mitigation beyond that stated in SB 1287 (1992 State Chapter 1384) or any successor statute, and such prevents an agreement, then it shall agree to defend and indemnify the City as a result of a challenge to the enforcement of this condition". ai? 0 0 September 21 8 1993 Page 4 PUBUC HEARINGS: (Continued) John Blair, 8599 Dehesa Court, Assistant Superintendent of Business Services at the School District, stated the preliminary indications are that the District Board would accept the wording of the condition; however, the matter would appear on a future agenda for consideration. Mayor Lewis stated that four items will be included in the discussion on this item, and they are schools, park acreage, circulation and the noise element. By consensus, the item was continued to the meeting of October 26, 1993. Mayor Pro Tem Stanton returned to the dais. 79 8. AB #12,402 - ADOPTION OF INCLUSIONARY HOUSING IN-LIEU FEE. Staff indicated this fee only applies to new subdivisions consisting of six units or less. Council discussion indicated that though the Resolution provides for periodic updates of the fee, it should also include a provision for annual review. Mayor Lewis opened the duly noticed Public Hearing at 7:07 p.m., and issued the invitation to speak. Doug Avis, Fieldstone/La Costa Associates, stated this fee would bring their total fees per unit to $60,000. He referenced a letter sent to City Council today regarding requiring all future residents to pay 100 percent of the costs for the provision of affordable housing within the City, even though the problems were created in the past. He requested consideration for a linkage fee for the builders of industrial and commercial buildings. John Seymour, Construction Industry Federation, 6336 Greenwich Drive, #F, San Diego, stated the Federation did not support fees or inclusionary housing. He questioned the legal consideration of fees on maps already approved and having the market rate home buyer subsidize the lower income units. He asked Council to consider this on a case-by-case basis. Mr. Seymour stated the Federation would support this proposal if there were no cost to the middle income home buyer, but that cannot be guaranteed. Karla Mulry, 701 Nutmeg Way, stated the inclusionary housing fee was not a requirement of the State, but was a choice made by this Council. She also stated lower income housing projects should not be segregated from the rest of the city. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:20 p.m. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93- - 268, establishing an inclusionary housing in-lieu fee ($1 l,485/DU) and formula for calculating the in-lieu fee; amended to include a provision for annual review. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 6417 e 0 September 21, 1993 Page 5 PUBLIC HEARINGS: (Continued) 79 9. AB 12,403 - ADOPTION OF INCLUSION HOUSING IMPACT FEE. Council Member Finnila expressed concern about the "H" factor in the proposed formula. Mayor Lewis opened the duly noticed Public Hearing at 8:lO p.m., and issued the invitation to speak. John Seymour, Construction Industry Federation, 6336 Greenwich Dr., #F, San Diego, spoke in opposition to the fee, stating the middle income buyers will be subsidizing this housing. He stated this should be the entire City's problem and not just the future middle income home buyers. Art Mulvey, 1620 Alvarado, wanted to know whether or not this fee impacted his permit for a home, and staff indicated the fee would not apply to him if he pulls his permit within the next 60 days. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:20 p.m. Council Member Finnila reiterated her opposition to the "H" factor in the formula. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93- - 269, establishing an inclusionary housing impact fee and formula for calculating the impact fee; amended to allow for a yearly review and revision as required. AYES: Lewis, Stanton, Kulchin and Nygaard NOES: Finnila RECESS: Mayor Lewis declared a recess at 8:23 p.m., and Council re-convened at 8:34 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 109 10. AB #12,404 - REQUEST FOR WAIVER OF FEES - COMMUNITY CHURCH CENTER, INC.. Dan Grider, Daybreak Community Church, spoke in favor of this reqOest, stating that the churches need the City's assistance to finish building the church center. He detailed the planned uses for the center. John Embree, President, Community Church Center, lnc., 6359 Paseo Del Lago, stated this center consists of from three to five individual churches and will provide a place for community groups to meet. He explained the programs in place at this time and stated the center is not in a residential area, and therefore does not create any problems with residents. Reverend Tom Meeks, Church of New Hope, spoke in favor of the request to waive fees, stating their aim is to have a regional community church center. 2Jb e 0 September 21 , 1993 Page 6 DEPARTMENTAL AND CrrY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council requested staff to look at the entire spectrum of development fees as they relate to non-profit organizations, to determine whether there are some areas for further reduction. AYES: Lewis, Stanton, Kulchin and Nygaard NOES: Finnila ACTION: On motion by Mayor Lewis, Council denied the request for waiver of fees for the Community Church Center, Inc., with staff to review the fees for accuracy, AYES: Lewis, Stanton, Nygaard and Finnila NOES: Kulchin 11. NUMBER NOT USED. 28 12. AB #12,405 - AMENDING MEMBERSHIP OF DESIGN REVIEW BOARD. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS- - 259, amending Title 2, Chapter 2.26 of the Carlsbad Municipal Code regarding membership of the Design Review Board. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 28 13 AB #12,386 - CARLSBAD ARTS COMMISSION APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-252, appointing George Willis to the Arts Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 69 14. AB #12,387 - PARKS AND RECREATION COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-253, re- appointing Gary Cox; and RESOLUTION NOS. 93-254 AND 93-255, appointing Julie Baker and Seth Schulberg to the Parks and Recreation Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 28 15. AB #12,406 - SENIOR COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NOS. 93-270 AND 93 - 271, re-appointing James Whittaker and lzma Chmiel to the Senior Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 21s a e September 21, 1993 Page 7 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 September 21, 1993, was adjourned at 9:13 p.m. Respectfully submitted, ALETHA bR+ L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk alq ~~