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HomeMy WebLinkAbout1994-01-04; City Council; Minutesb 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 4,1994 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Clty 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 Reverend John Embree of the La Costa Community Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Stanton. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held December 7, 1993. * Minutes of the Regular Meeting held December 7, 1993. Minutes of the Special Meeting held December 14, 1993. Minutes of the Regular Meeting held December 14, 1993. Minutes of the Regular Meeting held December 21 , 1993. * Council Member Finnila stated she wished the record to reflect her intent to vote 'no' on Item 7 on the Consent Calendar of the Regular Meeting held December 7, 1993. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ANNOUNCEMENT: Mayor Lewis announced that all Council Members have been invited to attend the County Supervisors Meeting for an address on the State of the County, Tuesday, January 11 , 1994, at 1O:OO a.m., at the County Offices. CONSENT CALENDAR: Mayor Lewis removed Item #5 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items #1 through #6, with the exception of Item #5, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila G 0 0 January 4,1994 Page 2 CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 99 1. AB #12.520 - CONSULTANT AGREEMENT FOR LANDSCAPE PLANCHECK SERVICES. 45 Council adopted RESOLUTION NO. 94-1, approving an agreement with Lawrence Black and Associates for landscape and irrigation planchecking and inspection services. 60 2. AB #12,521 - REVISED AGREEMENT CREATING THE PUBLIC AGENCY RISK SHARING 45 AUTHORITY OF CALIFORNIA. Council adopted RESOLUTION NO. 94-2, approving the revised Joint Powers Agreement to reflect the name change by deleting references to California Municipal Insurance Authority (CMIA) and creating the Public Agency Risk Sharing Authority of California (PARSAC). *See 3. AB #12,522 - DENYING CUP 93-3 FOR AN ANTENNA IN CHASE FIELD - U. S. WEST CELLULAR. Below 43 Council adopted RESOLUTION NO. 94-3, granting the appeal and denying U. S. West Cellular's application for a Conditional Use Permit for construction of a cellular communications facility in Chase Field. 74 4. AB #12,523 - WORKERS COMPENSATION CLAIM SElTLEMENT FOR SAMUEL GRANILLO. Council adopted RESOLUTION NO. 94-4, approving the proposed Stipulations with Request for Award which authorizes the payment of $1 0,220 at the rate of $1 40 per week to Samuel Granillo as settlement of his workers compensation claim. 81 5. AB #12,524 - ACCEPTANCE OF DONATION FROM FRIENDS OF CARRILLO RANCH. This item was removed from the Consent Calendar. 74 6. AB #12,527 - ADMINISTRATIVE SERVICES AGREEMENT WITH ICMA RETIREMENT 45 CORPORATION. Council adopted RESOLUTION NO. 94-7, approving the new Administrative Services Agreement with ICMA retirement Corporation to clarify and update the relationship between the Retirement Corporation and the City. ** At the City Council Meeting of 1/18/94, during approval of the minutes from 1/4/94, Council Member Finnila announced that she had intended to vote "NO" on Resolution No. 94-3, and Mayor Lewis announced that he had intended to abstain from the vote on Resolution No. 94-3, denying CUP 93-3 (U.S. West Cellular). 5 0 0 January 4,1994 Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR: 81 5. AB #12,524 - ACCEPTANCE OF DONATION FROM FRIENDS OF CARRILLO RANCH. Joan Kindle, 2622 El Aguila Lane, Volunteer Curator for Carrillo Ranch, thanked staff for their part in getting the repairs made to Deedee's house at the Carrillo Ranch. She said she was proud to be a witness to a successful partnership between the City and the private sector. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 94- - 5, accepting a donation of $1,655 from the Friends of Carrillo Ranch. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC HEARINGS: 113 7. AB #12,525 - POINSElTIA SHORES - GPA 91-5/MP-l75(D)LCPA 91-2/LFMP 87-9(A). 57 77 Eric Munoz, Associate Planner, gave the staff report and stated staff was recommending the inclusion of an additional condition to Section II of Ordinance No. NS-266, concerning school facilities, as follows: 'Prior to the approval of any final map or the issuance of any permits within the Poinsettia Shores Master 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 for legislative acts. 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 Ci 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. At a minimum, the project CC&R's shall require maximum disclosure and signed statements for disclosures upon transfer of residential property.' Reference was made of a letter received from Mr. Lamb, and it was stated that access to his property had been solved by access through Area C. Mayor Lewis opened the duly noticed Public Hearing at 7:02 p.m., and issued the invitation to speak. Doug Avis, Project Director for Kaka Poinsettia Corporation and this project, stated the developer has met with the adjacent property owners and the mobile home neighborhood in order to resolve all their concerns. Mr. Avis discussed the remaining issues of the drainage through the property and the sewer and road construction on Ponto Drive. Mr. Avis also discussed the trail issue, stating the home The developer will work with the Rosalina home owners to accomplish view corridors and to consider the request to install gates for their community. 4 0 0 January 4,1994 Page 4 PUBLIC HEARINGS: (Continued) . Lou Taschner, 1533 D South Hill Street, Oceanside, representing Dale and Donna Schreiber, Ponto Storage owners, referenced concern about the drainage system and the impacts on the storage facility and property. Inez Yoder, 7738 Madrilena Way, spoke in favor of the cluster housing. She stated she opposes the fundamental design of this master plan, as the proposed drainage system for this property and the properties to the north will drain into the western basin of the Batiquitos Lagoon. She requested a redesign of the drainage system before any amendments are approved. Don Connors, 921 Begonia Court, stated that the previous developer did not carry through with the trail on the bluff top in back of Rosalina subdivision. He expressed concern that the trail would not be built. James Gault, 7552 Navigator Circle, said that most of the concerns of the Rosalina residents have been answered. He said that one concern remaining is that of traffic. He requested the road be opened to make a circular route, rather than have the gates by A2 and A3 for exit only. Kelly Rogers, Vice President, Rosalina Homeowners Association, also requested the gates into A2 and A3 be designated as entrance and exit, rather than just exit. Mr. Rogers also expressed concern about the view corridors, stating that the original plan contained single-story houses on the outside circle to allow for view corridors for the residents on the inner circle. He requested that Rosalina be part of the process of consideration for gates for their community. Don Sammis, 521 7 Linea de Cielo, Rancho Santa Fe, stated he opposed a temporary connection at Ponto Drive and Avenida Encinas. Mr. Sammis stated his company owns parcels F, G, H and I, west of the railroad, and he questioned whether the bridge over the railroad tracks needed to be installed before any development could occur on the west side of the tracks. Doug Avis spoke in rebuttal, explaining the four conditions needed to be met to allow gates to be installed for the Rosalina subdivision. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:lO p.m. Council Member Nygaard requested that the trail system be installed before any building permits are issued. City Attorney Ron Ball suggested that no permits be issued for the homes along the bluff until the trail was installed. This would allow the developer to complete the homes in the interior areas without that restriction. Mr. Avis agreed to this condition. Council discussion reflected a desire for the trail system to continue through areas G & HI when they are presented for development. Assistant City Engineer Dave Houser stated the design for the Avenida Encinas/Ponto Drive connection will have the potential of being a permanent design, if the resulting land uses permit. He also stated staff's belief that the proposed drainage solution will meet requirements; however, prior to development, it will be evaluated and a decision made as to the best location for the line-- either the west side or the east side. Staff stated that when the individual development proposals are reviewed, there will be an analysis of ingress and egress. 3 e 0 January 4,1994 Page 5 PUBLIC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to prepare documents approving the Mitigated Negative Declaration, MP 175(D), GPA 91-05, LCPA 91-02, and LFMP 87-09(A) as recommended for approval by the Planning Commission, amended to include the information in Errata Sheets 1, 2 and 3 dated October 20 and November 30, 1993, and the inclusion of the school condition contained in the memorandum dated January 4,1994; and introduced ORDINANCE NO. NS-266, adopting the Poinsettia Shores Master Plan Amendment located in the Southwest Quadrant of the City in Local Facilities Management Plan Zone 9, as amended above. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 8:50 p.m., and Council re-convened at 8:58 p.m., with all Members present. PUBLIC HEARINGS: (Continued) 20 a. AB #12,528 - INITIATION OF PROCEEDINGS TO ACQUIRE PROPERTIES REQUIRED FOR THE 70 BATlQUlTOS LAGOON ENHANCEMENT PROJECT. Mayor Lewis opened the duly noticed Public Hearing at 9:08 p.m., and issued the invitation to speak. Don Sammis, 5217 Linea de Cielo, Rancho Santa Fe, representing his Mother, Constance Samrnis, stated that the Sammis/Lamb group would like to know whether the property remaining is a legal parcel. They asked to be removed from the condemnation proceedings to save legal fees. Howard Murphy, 400 North ta Costa Drive, spoke in opposition to the Batiquitos Lagoon Enhancement Program and the taking of their property. Mike Murphy, representing Dr. Howard Murphy, spoke in opposition to the City exercising eminent domain on this property, and described how he felt the entire procedure is unfair to the property owner. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 9:25 p.m. Staff indicated that if the Sammis/Lamb parcel is a legal parcel at this time, it would still be a legal parcel after the portion had been acquired by the State. ACTION: On motion by Mayor ProTem Stanton, Council adopted RESOLUTION NO. 94-8, authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, for the Batiquitos Lagoon Enhancement Project, and declaring the puijlic necessity thereof. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 2 e a January 4,1994 Page 6 PUBLIC HEARINGS: (Continued) 105 9. AB #I 2,526 - SECTION 108 CDBG LOAN APPLICATION FOR FUNDS TO PURCHASE PROPERTY 113 FOR AFFORDABLE HOUSING. Mayor Lewis opened the duly noticed Public Hearing at 9:48 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. 94- - 6, authorizing the submission of a Section 108 loan application to the U. S. Department of HUD for funds to purchase property for affordable housing. (The Villas) AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: Russell Hoffman, 3591 Roosevelt, Number 200, commented about the lateness of the hour for public comment and said he hoped this item would be moved back to the beginning of the Meeting. He requested Council consider declaring Carlsbad a smoke-free City by banning smoking in all restaurants, dance halls and public facilities. Mr. Hoffman stated there is a large dog in a yard in his neighborhood and that dog threatens everyone getting near that fence. He said that large dogs that could easily jump a fence should be chained. Mr. Hoffman concluded, stating that on the asphalt pathway from the Library to City Hall, there is a curb that should be painted white. CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 9:55 p.m., and re-convened at 956 p.m., with all Members present. 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 January 4, 1994, was adjourned at 957 p.m. Respectfully submitted, a-k& R. - ALETHA L RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk i