HomeMy WebLinkAbout1993-12-07; City Council; Minutes (2)e 0
MINUTES
MEEnNG OF: CrrY COUNCIL (Regular Meeting)
DATE OF MEETING: December 7,1993
TIME OF MEETING: 6:OO p.m. PLACE OF MEmNG: Ci Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:Ol p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
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Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis.
Absent: None.
INVOCATION was given by Pastor James Scott of the First Baptist Church of Carlsbad.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
ANNOUNCEMENTS:
Mayor Lewis announced that in. compliance with the Brown Act, all Council Members have been invited
to attend the following events:
Dedication of the Palomar Airport Road and 1-5 Interchange on Wednesday, December 8, 1993, at 12:OO
noon;
Annual Employees Service Award Breakfast at Pea Soup Andersen’s Restaurant, On Thursday, December
9, 1993, at 7:OO a.m.; and
Victorian Christmas Party hosted by Supervisor Pam Slater on Saturday, December 11, 1993, at 4:OO p.m.
PRESENTATION:
Mayor Lewis presented a Certificate of Recognition to Police Sgt. Dale Stockton for his appointment by
the Governor’s Office to the California Police Officer Standards and Training Commission.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented:
Minutes of the Special Meeting held November 2, 1993.
Minutes of the Regular Meeting held November 2, 1993.
Minutes of the Regular Meeting held November 9, 1993.
Minutes of the Special Meeting held November 16, 1993.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
ABSTAIN: Kulchin (Minutes of Special and Regular Meetings of November 2, 1993)
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December 7, 1993 Page 2
CONSENT CALENDAR:
Mayor Lewis removed Items #3, #8 and #11 from the Consent Calendar. Item #8 was withdrawn
from the Agenda.
ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the
action of the Consent Calendar, Items 1 through 11, with the
exception of Items #3, #8 and #11 , as follows:
AYES: Lewis, Stanton, Kulchin, Nygaard 'and Finnila
NOES: Stanton (Item #7)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #12,483 -AMENDMENTTO AGREEMENT FOR DESIGN SERVICES FOR POINSElTIA LANE/I-
5 INTERCHANGE.
Council adopted RESOLUTION NO. 93-318, approving Amendment No. 2 to the design services
agreement with Boyle Engineering Corporation providing for a one-year extension and change
in the scope of work.
2. AB #12,484 - APPROVAL OF STATE AND LOCAL PARTNERSHIP AGREEMENT FOR FUNDING
THE PALOMAR AIRPORT ROAD EAST AND EL CAMINO REAL IMPROVEMENTS - PROJECT NO.
31.
Council adopted RESOLUTION NO. 93-31 9, approving Program Supplemental Agreement No. 007
to State and Local Transportation Partnership Program Agreement No. SLTPP-5308 to provide
funding for the Palomar Airport Road East widening and El Camino Real improvements.
3. AB #12,485 - ANNUAL RECYCLED PRODUCTS PROCUREMENT REPORT.
This item was removed from the Consent Calendar.
4. AB #12,486 - SETLEMENT OF LAWSUIT ENTITLED ALLEN V. CITY.
Council adopted RESOLUTION NO. 93-320, authorizing settlement of the law suit Allen v. Citv
Case No. N55071, and authorizing the Risk Manager to make payment of the settlement amount
of $27,000 from the liability self-insurance reserve account.
5. AB #12,487 -ACCEPTANCE OF BIDS FOR ANNUAL LETERHEAD/ENVELOPE/BUSlNESS CARD
PRINTING.
Council adopted RESOLUTION NO. 93-321, accepting the bid proposal of Printastic, Inc., and
approving an agreement for letterhead/envelope/business card printing on recycled paper for the
period of one year commencing January 1, 1994, with an option to renew for three one-year
periods.
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December 7, 1993 Page 3
CONSENT CALENDAR: (Continued)
40 6. AB #12,488 - ACCEPTANCE OF CITY HALL XERISCAPE PROJECT - PROJECT NO. 2660. 45
Council adopted RESOLUTION NO. 93-322, accepting construction of the City Hall Xeriscape
project as complete, directing the City Clerk to record the Notice of Completion, and authorizing
the Finance Director to close the project accounts upon payment of final claims and costs.
108 7. AB #I 2,489 - ADMINISTRATIVE VARIANCE APPEAL FOR HILL RESIDENCE - AV 91 -12(A).
*;See pg* 9 Council adopted RESOLUTION NO. 93-323, granting an appeal and approving an Administrative
Variance to allow for a reduced side yard setback from the required eight feet to two feet for a
storage structure on property located at 3317 Cadencia Street.
NOES: Stanton
8. AB #12,490 - APPROVAL OF AGREEMENT FOR CONSULTING ENGINEERING SERVICES.
This item was withdrawn from the Agenda.
39 9. AB #12,491 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City investments as of October 31,
1993.
26 10. AB #12,495 - DECLARATION OF INTENTION TO ORDER CHANGES AND MODIFICATIONS AND SET PUBLIC HEARING FOR PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT -AD NO.
86-1.
Council adopted RESOLUTION NO. 93-326, declaring intention to order certain changes and
modifications in a Special Assessment District, approving an amended Boundary Map and an
amended Engineer’s Report, and setting the public hearings on the matter for January 18, 1994
and February 8, 1994.
97 11. AB #12,492 - CHANGE ORDER NO. 7 FOR CARLSBAD VILLAGE DRIVE STREETSCAPE PHASE V IMPROVEMENTS - PROJECT NO. 3347.
This item was removed from the Consent Calendar.
EMS REMOVED FROM ME CONSENT CALENDAR:
84 3. AB #12,485 - ANNUAL RECYCLED PRODUCTS PROCUREMENT REPORT.
Council accepted the report from the Purchasing Department on the City’s use of recycled
products during the 1992-93 Fiscal Year.
ACTION: On motion by Council Member Nygaard, Council accepted the report from the
Purchasing Department on the City’s use of recycled products during the 1992-93
Fiscal Year.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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December 7, 1993 Page 4
EMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
97 11. AB #I 2,492 - CHANGE ORDER NO. 7 FOR CARLSBAD VILLAGE DRIVE STREETSCAPE PHASE V IMPROVEMENTS - PROJECT NO. 3347.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 9%
- 325, approving Change Order No. 7 for the Carlsbad Village Drive Streetscape
Phase V Project to provide an incentive bonus not to exceed $25,000 for timely
completion of Phases II and Ill of the project.
AYES Lewis, Stanton, Kulchin, Nygaard and Finnila
PUBUC HEARING:
113 12. AB #12,393 - ZONE 20 SPECIFIC PLAN - SP 203/EIR 91 -3/LFMP 87-20(A).
77 Mayor Lewis announced that this item had been continued from the City Council Meeting held
on November 9, 1993, and that public testimony had been taken at that Meeting. He stated that
only the representatives of the applicant and the School District will speak at this meeting.
Planning Director Mike Holzmiller announced that a proposed condition has been prepared and
copies provided to the Council Members, the representative of the property owners, and as of this
evening, representatives from the School District. He read the proposed condition, as follows:
Is Prior to the approval of any final map or the issuance of any permits within the Zone 20 Specific
Plan, the applicant for the final map or permit shall submit evidence to the City that impacts to
school facilities have been mitigated in conformance with the City's Growth Management Plan to
the extent permitted by applicable State law. If the mitigation involves a financing scheme such
as a Mello-Roos Community Facilities District which is inconsistent with the City's Growth
Management Plan, including City Council Policy Statement No. 38, the developer shall submit
disclosure documents for approval by the City Manager and City Attorney which shall disclose
to future owners in the project, to the maximum extent possible, the existence of the tax and that
the School District is the taxing agency responsible for the financing district."
Jack Henthorn, Henthorn and Associates, 5431 Avenida Encinas, Suite G, stated he had met with
representatives from the City and School District, as well as his clients and the other property
owners in an effort to come to a resolution on the school issue. He said the wording of the
proposed condition is acceptable and gives the School District the ability to obtain the mitigation
they need to assure school impacts are mitigated. Mr. Henthorn requested Council approval as
recommended by staff.
Windy Wiles, Attorney, Bowie, Arneson, Kadi, Wiles & Giannone, 4920 Campus Drive, Newport
Beach, representing the Carlsbad Unified School District, stated the proposed condition is
acceptable to the School District, with one proposed change at the end of the first sentence
following the words "permitted by applicable State law" to add "for legislative approvals". With that
change, Ms. Wiles stated the language would be acceptable to the District.
City Attorney Ron Ball stated that change suggested by Ms. Wiles was acceptable to the City.
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December 7, 1993 Page 5
PUBLIC HEARING: (Continued)
Council indicated that they want to ensure disclosure to future home buyers of any special
conditions regarding school impact fees.
Staff responded that tentative maps could be conditioned to use a disclosure similar to Council
Policy No. 33, which will ensure that the information is disclosed to the initial buyer, but the
information would only be available to subsequent buyers through a title search.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93 260, certifying an Environmental Impact Report and approving an amendment to
=Local Facilities Management Plan for Zone 20 on property generally located
south of Palomar Airport Road, west and north of the Aviara Master Plan and east
of Paseo Del Norte; and
introduced ORDINANCE NO. NS-257, adopting the Zone 20 Specific Plan on
approximately 640 acres of land located south of Palomar Airport Road, west and
north of the Aviara Master Plan Area and east of Paseo Del Norte; as amended
by the additional condition approved tonight and the amendments to Conditions
No. 43 and 49, as contained in the Memorandum dated August 3, 1993, from the
Assistant Planning Director.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
CARLSBAD MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 6:47 p.m., and re-convened at 6:49 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:
During Item #13, it was determined that Item #14 would be considered concurrently. (See pages
Nos. 8 and 9 for action on both items.)
48 13. AB #12,493 - CONSIDERATION OF BALLOT MEASURE REGARDING LEG0 FAMILY PARK.
Dr. Nora La Corte, 2507 La Golondrina Street, stated she did not want a Leg0 Park here in
Carlsbad due to concerns about the quality of life. She recommended a binding advisory
measure to be placed on either the November or June ballot.
Caryl Iseman, 2335 Caringa Way #21, spoke in favor of a Leg0 Park in Carlsbad, the jobs that
would be created and the opportunities for Carlsbad to grow in the proper way. She favored an
advisory vote which would allow the elected officials to make the final decisions on the park, and
would prefer the vote to be on the June ballot.
Kathy Fallon, 3730 Yvette Way, expressed opposition to the location of a Leg0 Park in Carlsbad
and requested a binding vote be taken before the project goes through the planning process.
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December 7, 1993 Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Hope Wrisley, 2080 Basswood Avenue, spoke in favor of Lego, and stated that intelligent people
will welcome a Leg0 Park in Carlsbad, as it is not in any way a Disneyland. She recommended
putting an advisory measure on the June 1994 primary ballot.
Karen Ireland, 4025 Crescent Point Road, spoke in favor of the Leg0 Park, and urged the citizens
to take part in the process of approving a Leg0 Park for Carlsbad. She stated there will be many
opportunities for public comment and review during the planning process.
James Young, 3951 Park Drive, representing N.A.I.L., spoke in opposition to a -Leg0 Park and
against an advisory vote. He requested a binding initiative in November 1994, due to the size and
scope of the project.
Sam Riccitelli, 2378 Terraza Ribera, representing Puritan-Bennett Corporation, spoke in opposition
to a Leg0 Park in Carlsbad, stating it will change Carlsbad and change the decision process of
companies like his when considering future investment in Carlsbad. He recommended a binding
vote in November 1994.
Bob Nielsen, 525 Carlsbad Village Drive, stated he had a problem being against a project that
hasn’t been defined yet. He stated his support for letting this project go through the planning
process and that it will be a good addition to Carlsbad.
John Levy, 2381 Buena Vista Circle, representing Reflex Corporation, spoke in opposition to a
Leg0 Park, and stated that other Palomar Business Park companies are opposed as well. He
recommended a binding initiative and stated that they are prepared to prepare and circulate a
citizens’ initiative.
Bob Ladwig, 2642 Ocean Street, stated that the Leg0 Park would be built on only a small portion
of the area left for light industry, and there will be other projects to come to Carlsbad. He said
that Carlsbad needs jobs and to say that any jobs are the wrong kind is inappropriate. He said
he did not feel that future Councils should have their options restricted regarding this project, and
he favors an advisory vote on the November 1994 ballot.
John Darroch, 4325 Skyline Road, stated he is neither a member of NAIL nor of the Chamber of
Commerce. He stated this is the most significant project to come to Carlsbad and suggested the
vote on the matter should be a binding decision.
Peder Norby, 3630 Valewood Avenue, representing C.A.R.E.S., spoke in favor of a Leg0 Park in
Carlsbad. Mr. Norby reminded everyone that the Growth Management Plan is the planning tool
for proposed projects to be built in the City, and that p!an was voted on by the majority of the
citizens. He stated that both the environmental and financial futura of Carlsbad should be
protected.
Jim Watson, 3283 Lincoln Street, spoke in favor of a binding vote on the November 1994 ballot.
Jerri Wolder, 5460 Carlsbad Boulevard, spoke in favor of a binding vote on the November 1994
ballot.
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December 7, 1993 Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Pamela Wischkaemper, 4039 Sunnyhill Drive, expressed concern about the undercurrent of elitism
and stated that probably 95 percent of the population of this country can’t afford Five Star Hotels.
She said she does not understand people stating they don’t want certain people and certain jobs
to be in Carlsbad, and that she favors an advisory vote.
Rita Windrum, a Teacher and Real Estate Broker, expressed concerns that Leg0 would lower the
property values in the City and requested a binding advisory vote.
Barbara Mead, 4140 Adams, an Educator, spoke in favor of Leg0 on behalf of the children in the
community and because of the educational aspects of the park. She said that she felt Council
should make the decision regarding the project. She stated that we need to have places that are
good for children and offer educational opportunities.
Geoff Bell, 3686 Highland, requested a binding advisory vote, after everyone has become
informed. He said that the vote should be at the end of the application process, so we can see
how impacts will be mitigated. He said he was confused as to whether the Growth Management
Plan is a guideline to try to comply with, or binding law. Mr. Bell requested the vote to be binding
and put on the November 1994 ballot.
Chris Calkins, 5600 Avenida Encinas, #loo, Manager of Carltas Company, stated they are
, concerned about southern California, and that is why they encouraged Leg0 to choose Carlsbad.
He said this is an opportunity for the young people in this community, and that the park will create
jobs, and jobs are important to Carlsbad. He stated tourism is important to Carlsbad, and makes
the minimum demands on public infrastructure, requiring no schools, and that this park will be
for the younger children, and they are the future of the City. Mr. Calkins recommended an
advisory measure on the June ballot that would allow the community to express its opinion.
Darrell Pines, 201 1 Lee Court, stated a Leg0 Park would have an impact on the character of the
City and the citizens should have the opportunity to decide whether they want the direction of the
City to change that dramatically. He recommended a binding vote in November 1994.
Don Schempp, Part-owner and Manager of a Company in Carlsbad, spoke in favor of Lego, and
stated that when this matter goes to a vote he hopes this stops the threats and innuendos. He
stated the Council must make prudent decisions based on what is good for the City as a whole.
Elaine Lyttleton, 3400 Seacrest Drive, President, Carlsbad Chamber of Commerce, stated the
Chamber voted last week to support the City Council should they place an advisory measure on
the ballot in 1994 regarding Lego. She stated the Board is opposed to land use planning via the
ballot process, because Carlsbad has the Growth Management Plan, the General Plan, the
Planning Commission and the City Council that deal with planning issues. Ms. Lyttleton stated
that her business is located in the Koll Center and all her neighbors there are in favor of the Leg0
Park.
Ms. Lyttleton said the Leg0 Park is not similar to Disneyland, but it is for small children, with the
models made out of tiny blocks--not huge pieces of concrete, and recommended an advisory
measure on the ballot.
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DEPARTMENTAL AND CrrY MANAGER REPORTS: (Continued)
86 14. AB #12,494 - REQUEST TO ADDRESS COUNCIL REGARDING ADVISORY VOTE FOR
PROPOSED LEG0 FAMILY PARK.
Geoffrey Bell, 3686 Highland, addressed Council requesting a binding advisory vote on the
proposed Leg0 Family Park. He stated the citizens demand the right to be directly responsible
for this decision.
Mr. Bell recommended an binding initiative on the November 1994 ballot. He stated the vote
should be as late in the review process as possible in order to have all the information available
to allow citizens to make an informed decision.
Kim Sell, 3460 Spanish Way, spoke in opposition to Cego, due to concerns regarding property
values. She requested more information about the proposed project.
Kathy Fallon, 3730 Yvette Way, stated she opposed a theme park in Carlsbad and was unhappy
at the way the issue has been handled. She said the citizens should be the ones to determine
the future of Carlsbad, and this is not a land use issue. She reiterated her request for a binding
advisory vote in November 1994.
Mark Nordquist, 3495 Seacrest Drive, stated he could not believe that a project as good as Leg0
could be so opposed by a vocal minority. As a developer of a major project in Carlsbad, Mr.
Nordquist stated he was well aware of how difficult it is to build in Carlsbad, due to stringent
guidelines. He said if the minority forces a vote, it should be as quickly as possible. Mr.
Nordquist recommended an advisory vote be held as soon as possible.
William Jubb, 3993 Highland, spoke in favor of a vote on the November 1994 ballot.
Ofelia Escobedo, 3272 Roosevelt, stated that growth is inevitable, and Leg0 will not impact
Carlsbad as stated. It would mean jobs and educational benefits for the children. She urged
Council to put an advisory vote on the June 1994 ballot.
RECESS:
Mayor Lewis declared a recess at 855 p.m., and Council re-convened at 993 p.m., with all Members
present.
DEPARTMENTAL AND CrrY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Lewis, Council determined to place a City-sponsored
measure on the ballot regarding Lego Family Park.
AYES: Lewis, Stanton, Kulchin and Nygaard
ABSTAIN: Finnila
Council Member Finnila stated she did not believe this matter should be placed on the ballot.
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December 7, 1993 Page 9
DEPARTMENTAL AND CrrY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Lewis, Council determined that the ballot measure regarding
Leg0 Family Park should be advisory.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
Mayor Lewis stated that .Council will consider selection of the election date and ballot wording in
January, and requested that those interested in the wording of the measure should contact staff.
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 December 7, 1993, was adjourned at 9% p.m.
Respectfully submitted,
&ici Assistan Cler
Harriett Babbitt
Minutes Clerk
** During approval of the minutes at the January 4, 1994 City Council Meeting,
Council Member Finnila stated she wished the record to reflect her intention
to vote "NO" on Item No. 7 (Hill AV 91-12(A)) on the Consent Calendar of the
December 7, 1993 City Council Meeting.
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