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HomeMy WebLinkAbout1993-10-26; City Council; Minutes (2)0 d) MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 26,1993 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, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Stanton, Council approved the following Minutes, as presented: Minutes of the Special Meeting held October 1, 1993. Minutes of the Regular Meeting held October 5, 1993. AYES: Louis, Stanton, Kulchin, Nygaard and Finnila ABSTAIN: Nygaard (Minutes of Regular Meeting held October 5, 1993) PRESENTATIONS: Mayor Lewis presented a Proclamation to Police Chief Vales and the Eye Counseling Service for RED RIBBON WEEK. CONSENT CALENDAR: Mayor Lewis removed Item #5 from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 4, 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. 49 1. AB #12,441 - AUTHORIZATION FOR SIGNATURE ON RIGHT-OF-WAY CERTIFICATIONS. Council adopted RESOLUTION NO. 93-293, authorizing the City Engineer to sign Right-of-way Certification forms stating that the City has secured possession of all properties for projects within their right-of-way as required by CALTRANS. 25-a/. 0 e October 26, 1993 Page 2 CONSENT CALENDAR: (Continued) ' 70 2. AB #12,442 - APPROVAL OF AMENDED AGREEMENTS FOR FINAL DESIGN SERVICES FOR 97 POINSETTIA COMMUNITY PARK AND HIDDEN VALLEY ROAD - PROJECT NOS. 3348 AND 3409. 45 Council adopted RESOLUTION NO. 93-294, approving Amendment No. 5 to the Agreement with The Dike Partnership for final design services for Poinsettia Community Park, and Amendment No. 1 to the Agreement with Crosby, Mead, Benton and Associates for final design services for Hidden Valley Road. 7 4 3. AB #I 2,443 - SETTLEMENT OF WORKERS COMPENSATION CLAIMS OF RUDOLF METZGER. Council adopted RESOLUTION NO. 93-295, approving settlement of the Workers Compensation claims of Rudolf Metzger and authorizing payment of $7,595, at the rate of $140 per week. 39 4. AB #12,444 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on the status of City investments as of September 30, 1993. ITEM REMOVED FROM THE CONSENT CALENDAR: 63 5. AB #12,445 - APPROVAL OF LEASE AGREEMENT FOR BRANCH LIBRARY. 45 Kelly Rostan, 3421 Corte Viejo, stated she and her husband have a business in the suite next to the present location of the Branch Library. That suite will be vacated and the space would be available to expand the Branch Library at its present location. City Manager Ray Patchett reported that the new location will provide the Branch Library with more space and will save the City ten thousand dollars a year. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93- - 296, approving the lease agreement with the owners of Plaza Paseo Real Shopping Center for the relocation of the branch tibrary to 6949 El Camino Real, and appropriating $1 6,300 from the California Library Services Act (CLSA) grant fund balance for associated costs. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC HEARINGS: 99 6. AB #12,382 - EIR 90-5/GPA 90-4/MP-l50(G)CT 90-26/PUD 90-26/HDP 90-33 - CAIAVERA 113 HEIGHTS. (Continued) 57 Mayor Pro Tem Stanton stated she has a conflict of interest on this item and left the dais. Mayor Lewis announced the four remaining items to be considered tonight were: the school facilities, traffic circulation, park facilities, and the noise impacts from College Boulevard. as{ ,- 0 0 October 26, 1993 Page 3 PUBLIC HEARINGS: (Continued) School Facilities Alex Bowie, 4920 Campus, representing Carlsbad Unified School District, stated that at 4:30 that afternoon, an agreement was executed between the District and Lyon Copley. Therefore, the letter of opposition, which was faxed to Council that same afternoon, was hereby withdrawn. Traffic Circulation The City Engineer explained the recommended changes to conditions contained in his memorandum dated September 21, 1993. Park Facilities Parks & Recreation Director Dave Bradstreet overviewed the City's park standard and the park facilities existing and proposed for that quadrant. Noise Staff explained the issue regarding the location of College Boulevard and the adjacent homes. He noted the following three alternatives: 1. No mitigation. 2. Require the applicant to mitigate (the applicant pays for the noise study and any 3. Require the applicant to pay for the noise study, but any mitigation would be paid for by mitigation resulting from the study.) the Homeowners Association. ACTION: Mayor Lewis made a motion (which failed due to the lack of a majority) to require the developer to provide a noise study for the homes already built along future College Boulevard; however, any desired mitigation would be the responsibility of the Homeowners Association. AYES: Lewis and Finnila NOES: Kulchin and Nygaard Mayor Lewis stated since there was not a majorii vote, the condition would remain as is, with no additional mitigation required. Mayor Lewis re-opened the public hearing at 7:OO p.m., stating that testimony would be heard on the four remaining issues. Larry Lamb, 2970 Lexington Circle, The Cape at Calavera Hills, President of the homeowners association, requested consideration for the existing homes as far as the noise impact from College Boulevard. Carolyn Prescott, 4669 Woodstock Street, stated she would like to know whether College Boulevard was always designed as a four-lane road. 250 0 0 October 26. 1993 Page 4 PUBLIC HEARINGS: (Continued) Gary Tarquinio, 4330 La Jolla Village Drive, San Diego, representing the applicant, Lyon Communities, stated their objection to the wording of the ordinance for the off-site improvements to College and Cannon, and asked that the wording allow for a fee district so those portions of the road benefitting other property owners could be assessed to them. Mayor Lewis closed the Public Hearing at 7:05 p.m. In response to questions, the City Engineer stated that staff had anticipated that some type of fee assessment district would be needed. He also stated College has always been designated as a major arterial. ACTION: On motion by Council Member Kulchin, Council directed the Cii Attorney to return with documents approving GPA 90-04, MP 15O(G), CT 90-26 and HDP 90- 33; certifying EIR 90-05 and introducing ORDINANCE NO. NS-255, adopting the Calavera Hills Master Plan Amendment located in the northeast quadrant of the City in the Calavera Hills Master Plan in Local Facilities Management Plan Zone 7, as amended to incorporate the changes contained in the City Engineer's memorandum dated September 21, 1993. AYES: Lewis, Kulchin, Nygaard and Finnila ABSTAIN: Stanton Mayor Pro Tem Stanton returned to the dais. 113 7. AB #12,446 - ZC 93-2/SDP 93-6/SUP 93-2/HDP 93-8 - VILLAS AT EL CAMINO REAL. Staff recommended a change in Resolution No. 93-297 (see Item #8 on the Agenda) to make the following paragraph a separate item as #2: 'That the City will purchase property for the Villas at El Camino Real Affordable Housing Project on an interim basis, using up to $2 million in Redevelopment Low and Moderate Income Housing Set-Aside Funds and on a permanent basis using $880,000 in previously approved CDBG Funds and $1.2 million in CDBG Section 108 Loan Funds, if approved by HUD.'; and to add the following sentence as Item #3: '3. a. Sell or lease City-owned land to project.' Mayor Lewis opened the duly noticed Public Hearing at 8:lO p.m., and issued the invitation to speak. Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, introduced the other members of the project team, and indicated all were available for questions. Ben Golvin, Bridge Housing Corporation, 82 Second Street, San Francisco, explained how the complex would be monitored by their Corporation. ai9 0 a October 26, 1993 Page 5 PUBLIC HEARINGS: (Continued) Alex Bowie, 4920 Campus, representing the Carlsbad Unified School District, referenced a letter from his law firm dated today regarding this project. The letter states that the District disputes the Negative Declaration’s conclusion that the project will have no significant effects on schools. He requested that the item be continued for two weeks. Doug Avis, 2641 Ocean Street, Housing Commission representative, stated there were two concerns; if CDBG fund monies don’t come back by repayment, and the appraisal of the property. Dwight Spires, 23 Cortland Plaza, Newport Beach, owners of the property to the west of this project, spoke in favor of the project, stating that the problems he had with the project have been resolved. Tony Bons, 1565 Mulberry Drive, San Marcos, representing 6515 El Camino Real, stated he owns the six acres south of the proposed project and has green houses on that land. He grows roses there and has a flower shop. He stated he is concerned about the impact on his business. He asked that the street between the two properties be graded and paved before the grading begins on the 20 acres. He requested the street be paved the entire length to the west end of the project and at full width. Mr. Bons asked for ’no parking’ on the street from 6:OO p.m. to 6:OO a.m., to prevent overflow parking on A Street. Mr. Bons also requested a center divider be installed on El Camino 250 to 300 feet south of the traffic light and that the SDG&E boxes be placed underground. Mr. Bons requested a fence to be built between the greenhouses and the road to separate the project from the greenhouses. Larry Clemens, Hillman Properties, stated their total home production will be in the range of 2,000 units, and they already built a school which took these units into account. The fact that these homes are off-site should not require them to be assessed twice. John Blair, 7599 Dehesa Court, Assistant Superintendent for Business Services, Carlsbad Unified School District, stated there has been 50 percent growth in the schools in the last three years, with 18 percent growth this year. The City reduced the number of units to be built by Aviara to 2,000, and the additional capacity is not present in that school. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 855 p.m. The Crty Attorney stated there is a difference of opinion between school districts and cities, and that is the issue of whether the city can mitigate beyond what is allowed by the State. The project is consistent with the General Plan and the Housing Element. Planning Director Michael Holzmiller stated that the standard the City has to meet is to determine whether the project is going to have a significant impact on the environment; and if so, an EIR is needed. Therefore, the issue is whether the project is going to have a significant impact on schools, and in staffs opinion, this project won’t have a significant impact. That is why a Negative Declaration was issued. 82 x-@ 0 0 October 26, 1993 Page 6 PUBUC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to return with documents approving the Negative Declaration issued by the Planning Director and approving SUP 93-02 and HDP 93-08, as approved by the Planning Commission; approve SDP 93-06 with two additional conditions that state: 1) 'Prior to issuance of a grading or building permit, the applicant shall pay, or agree to pay, their proportionate share of a fee for the construction of Poinsettia Lane'; and 2: 'Prior to approval of a grading or building permit, whichever occurs first, the property owner shall annex the property into Community Facility District No. 1'; and introduced ORDINANCE NO. NS-264, amending Title 21 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a zone change ZC 93-02 from L-C to RD-M on property generally located adjacent to and west of El Camino Real, south of Camino Vida Roble and north of Alga Road in Local Facilities Management Zone 21. AYES: Louis, Stanton, Kulchin, Nygaard and Finnila HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 9:07 p.m., and re-convened at 9:IO p.m., with all Members present. PUBLIC COMMENT: There were no requests to address Council on a non-agenda item. DEPARTMENTAL AND CITY MANAGER REPORTS: 113 8. AB #12,448 - APPROVAL OF CITY FINANCIAL ASSISTANCE AND USE OF CDBG AND 105 REDEVELOPMENT HOUSING SET-ASIDE FUNDS FOR THE VILLAS AT EL CAMINO REAL AFFORDABLE HOUSING PROJECT. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION 93-297, approving City financial assistance to an affordable housing project which will provide a total of 344 rental units for low and very low income households to be located within the Southwest Quadrant of the City; as recommended by staff. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 930 p.m., and Council re-convened at 9:20 p.m., with all Members present. 297 e 0 October 26, 1993 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 66 9. AB #12,447 - MOBILE HOME RENT CONTROL ORDINANCES. Leigh Rayner, 355 West Grand Avenue, Suite 2, Escondido, representing Lanikai Lane Homeowners Association, stated that the CPI has decreased during the last year and rental costs have gone down, while mobile home park rentals has escalated. He stated that a complete rent freeze is needed, as the park owner has started sending out notices for rent increases up to 55 percent. Mr. Rayner asked that Ordinance NS-262 be amended on page 3, line 1 1, to state: '1. No rental increase to an existing individual tenant in any mobile home park shall be allowed." Leslie Tanner, 6550 Ponto Drive, President of the Lanikai Lane Homeowners Association, spoke in favor of the rent freeze, stating this is a long-standing problem and a ruling that will control the rent and other charges that Mr. Robinson wishes to force upon the tenants. She stated that rents must be controlled in mobile home parks. Cheryl McCabe, 6550 Ponto Drive, Vice President of the Lanikai Lane Homeowners Association, expressed concern for the people who are on a month-to-month basis in the park. Don Lincoln, 600 B Street, San Diego, representing the Rancho Carlsbad Homeowners Association, stated the tenants and owners are still trying to determine whether the tenants are able to purchase the park, and there should be an answer by the second week in November. Mr. Garcia, Trustee, Rancho Carlsbad Park, commended Mr. Lincoln and the home owners for showing their intent to reach an agreement on the purchase of Rancho Carlsbad Park. Jed Robinson, 8041 Florence Avenue, Downey, representing owners of Lanikai Lane Mobile Home Park, stated the residency law requires the owners to give notice of increases in rent 60 days prior to that increase. There are a large number of leases to expire December 31, and all residents with leases expiring have been given notices of increases effective February 1, so the City would have time to finish their program without a rent freeze. Charles Johnston, 6550 Ponto Drive, #82, stated that November 15 is the last day to pick up the agreement for the new leases, and this puts pressure on the tenants to sign. He stated that the value of property in Lanikai Lane has gone down. ACTION: On motion by Council Member Kulchin, Council adopted URGENCY ORDINANCE NO. NS-262, setting limits on rental increases in mobile home parks. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-263, setting limits on rental increases in mobile home parks. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 2 $f% m a October 26, 1993 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 10 4 10. AB #12,449 - PRESENTATION OF FINAL (REVISED) VILLAGE TRANSIT STATION DESIGN AND SITE PLANS BY NCTD AND COUNTY. Dinah Minteer, Manager of Rail Services, North County Transit District, and Richard Thompson, presented the final design and site plans for the Village Transit Station on the north side of Grand Avenue between State Street and Washington Street. Council Member Nygaard suggested there be a triggering measure as to when additional parking will be added. She also suggested consideration be given to including a requirement for a third . access when it is needed. John Jones, 3044 State Street, spoke in opposition to the transit station being placed in the Village area. He stated the bus transfer station will make a great deal of noise. Mr. Jones also stated the sheds should have been saved or moved into the park, as they were of historic value. Tom Erwin, 7703 Garboso Place, asked that the North County Transit District confirm the entire project is being built to meet and exceed Amtrak rules, in the event that in the future Amtrak chooses to stop in Carlsbad. Ms. Minteer stated the platforms are compatible with Amtrak requirements. ANNOUNCEMENT Mayor Lewis announced that Council Members have been invited to attend the Barrio tour tomorrow, October 27, 1993, at 9:00 a.m., and more than three Members might be in attendance. COUNCIL REPORTS: Due to the lateness of the hour, Council Reports were continued. ADJOURNMENT: By proper motion, the Regular Meeting of October 26, 1993, was adjourned at 10:45 p.m. Respectfully submitted, ALETHA UJ* L. RAUTENKRANZ Clty Clerk Harriett Babbitt Minutes Clerk 295