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MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 1,1994
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.
INVOCATION was given by Father Douglas Woodridge of St. Michael's By The Sea Church.
PLEDGE OF ALLEGIANCE was led by Council Member Finnila.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented:
Minutes of the Special Meeting held January 18, 1994.
Minutes of the Regular Meeting held January 18, 1994.
AYES: Lewis, Stanton, Nygaard and Finnila
ABSTAIN: Kulchin
CONSENT CALENDAR:
Mayor Lewis removed Items #2 and #3 from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the
action of the Consent Calendar, Items #I and #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.
63 1. AB #12,569 - APPROPRIATION OF CLSA GRANT FUNDS FOR ADDITIONAL BRANCH LIBRARY
IMPROVEMENTS.
Council adopted RESOLUTION NO. 94-35, authorizing an appropriation of $17,100 from CLSA
grant funds to reimburse the Utilities Maintenance Department for additional improvements to the
La Costa Branch library.
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CONSENT CALENDAR: (Continued)
2. AB #12,570 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
3. AB #12,571 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
4. AB #12,572 - APPROVAL OF 1993-94 SUBRECIPIENT AGREEMENTS FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 94-38, approving subrecipient agreements with the
Association for Retarded Citizens, Casa de Amparo, Catholic Charities and the Women’s
Resource Center for 1993-94 Community Development Block Grant funds.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. AB #12,570 - ACCEPTANCE OF DONATION.
Joan Kindle, 2622 El Aguila Lane, Volunteer Curator for Carrillo Ranch, acknowledged receipt of
Leo Carrillo artifacts which were donated to the City’s Historic Preservation Commission by Mr.
Huey Rolls of Vista on behalf of his wife Terry and her father, Willard Klafehn. Mrs. Kindle thanked
the Rolls family for these artifacts and recommended acceptance by the Council.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- - 36, accepting a donation of Carrillo Ranch memorabilia.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
3. AB #12,571 - ACCEPTANCE OF DONATION.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 94- - 37, accepting a donation of $4,185 from Gerico’s Bar and Grill to be used for the
purchase of special equipment at the Senior Center.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
ORDINANCE FOR ADOPTION:
5. AB #12,577 - MP 177(G)GPA 93-6/LCPA 92-1/CT 92-03/HDP 92-4 - AVIARA PHASE 111.
The City Attorney stated the developer is requesting a one-week continuance.
ACTION: On motion by Council Member Nygaard, Council continued this item one week.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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PUBLIC HEARINGS:
99 6. AB #12,573 -APPEAL OF PLANNING COMMISSION DECISION DENYING EXTENSION OF TIME FOR SEA GABLES - CT 92-9/PUD 92-9/HDP 93-1N 93-2N 93-3.
Mayor Lewis opened the duly noticed Public Hearing at 6:24 p.m., and issued the invitation to
speak.
Tim Connole, Developer of Sea Gables, 7323 Engineer Road, San Diego, gave a history of the
project and stated he would comply with all the requirements within 90 days, if granted an
extension.
Joe Solomon, Worley, Schwartz, Garfield & Rice, 401 B Street, San Diego, attorney for the
applicant, requested the granting of an extension of the time limit for this project. He referenced
Sections 65950 and 65957 of the Government Code and stated the developer is willing to waive
his rights.
Brian Regan, Engineer, 350 West 9th Avenue, Ste. B, Escondido, representing Sea Gables as
Project Engineer, stated the issues have been resolved and a majority of the conditions have
been complied with, including deleting one unit to comply with the 40-foot setback from Carlsbad
Boulevard. He requested an extension to allow the applicant to work out the remainder of the
issues.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
6:35 p.m.
Note was made of receipt of a letter dated February 1 , 1994, from Nina Eaton, 11 06 2nd Street,
Encinitas, owner of the property at 11 1 Sequoia Avenue, stating she would not oppose an
extension of time for this project as long as it required a compsete redesign of the project to
conform with all of the site requirements. She stated she opposed the granting of any variances
and the granting of vacation of any street or highway.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94-
39, upholding the Planning Commission denial of a time extension for Carlsbad
Tract 92-9, Planned Unit Development 92-9, Hillside Development Permit 93-01,
Variance 93-2 and Variance 933, without prejudice.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
99 7. AB #12,574 - VILLAGE 'U' - CAIAVERA HILLS MASTER PIAN - CT 90-25/PUD 90-25/HDP 90-31.
Mayor Pro Tem Stanton stated she has a potential conflict of interest on this matter and left the
dais.
Mayor Lewis opened the duly noticed Public Hearing at 657 p.m., and issued the invitation to
speak.
Lex Williman, Hunsaker & Associates, 10179 Hunnekins, San Diego, representing the applicant,
requested approval.
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PUBLIC HEARINGS: (Continued)
Larry Lamb, 4669 Woodstock, resident at The Cape, Calavera Hills, spoke in opposition to the
alignment of College Boulevard. He presented and read a letter containing his concerns about
the noise impacts of College Boulevard to the existing homes in The Cape.
City Attorney Ron Ball stated that the answers to Mr. Lambs questions were covered in Mayor
Lewis' letter dated December 22, 1993, addressed to Mr. Lamb, and should be made a part of
the record of these proceedings.
Carol Prescott, 4669 Woodstock, spoke in opposition to the location of College Boulevard. She
also stated there is insufficient room between their houses in The Cape and the road to plant
trees to absorb sound.
City Attorney Ron Ball stated that if Council would move the alignment of College at this time, the
risk to the City would be litigation and significant costs.
The developer stated they were already required to provide a noise study for the area of the road
which would be adjacent to The Cape; however, they would be happy to expedite that study.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
7:26 p. m.
ACTION: On motion by Council Member Finnila, Council directed the City Attorney to return
with documents approving CT 90-25/PUD 90-25/HDP 9031, with additional
conditions requiring the CC&R's to stipulate that garages are to be used strictly
for parking cars; and requiring the developer to expedite the noise mitigation
study adjacent to The Cape.
AYES: Lewis, Kulchin, Nygaard and Finnila
ABSTAIN: Stanton
RECESS:
Mayor Lewis declared a recess at 7:30 p.m., and Council re-convened at 7:40 p.m., with all Members
present.
PUBLIC COMMENT:
Jim Watson, 3283 Lincoln Street, thanked the Escondido salvage company for donating the bars removed
from the Split Pavilion to the Girls Club for fundraising efforts. He inquired whether there was a reason
for the City selling the bars to a salvage company.
City Attorney Ron Ball stated the City is obligated to handle this matter in a manner that would not reflect
on the artist's reputation or in any way be detrimental to the carrying out of the terms of the settlement.
City Manager Ray Patchett said that the matter was sent to the Arts Commission for a recommendation,
and they requested that the bars be disposed of by normal procedures rather than by auction.
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DEPARTMENTAL AND CITY MANAGER REPORTS:
48 8. AB #12,567 - BALLOT MEASURE REGARDING LEG0 FAMILY PARK.
Geoff Bell, 3686 Highland, spoke in opposition to the Leg0 park, asking for full compliance with
the City's Growth Management Plan and all land use requirements. He said that having the
measure on the June ballot will limit the amount of information that will be available and cut the
participation rate. He reiterated his request for a ballot wording of 'Do you want Leg0 Family
Theme Park in Carlsbad?', and to drop all reference to the Growth Management Plan on the
ballot.
Chris Calkins, 5600 Avenida Encinas #loo, representing Carltas Company, requested that
reference to the location map not be included on the ballot, as this will only confuse the voters.
Ellen Spellman, 550 West 'C' Street, representing Lego, supported the Council's approval of the
final language for this advisory measure, with a request to change the language as proposed by
Chris Calkins. Ms. Spellman urged reference to the location map be deleted from the ballot
language. She also stated that the location map is intended to show the concept of the project
and not determine the boundaries of the park, which would be determined through the approval
process.
Jim Young, 3951 Park Driie, spoke in opposition to a Leg0 park, stating he was still concerned
as to the advisory measure versus a binding vote. He suggested having a formal discussion
within the next two weeks for all parties to discuss all concerns about the advisory ballot.
By consensus, Council agreed to delete the reference to the location map from the ballot wording
on the Leg0 park proposal.
ACTION: On motion by Mayor Pro Tem Stanton, Council approved the following wording
for the ballot measure regarding the proposed Leg0 park:
'Shall the City of Carlsbad consider approving a Leg0 Family Park within the
Carlsbad Ranch project located east of 1-5, north of Palomar Airport Road and
south of Cannon Road, provided that the project shall fully comply with the City's
Growth Management Plan, all land use processing and environmental review
requirements?';
and
Council directed the City Clerk to'take all necessary steps to set the matter to
election on June 7, 1994.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
37 9. AB #12,575 - REQUEST FROM LEAGUE OF WOMEN VOTERS.
Margie Monroy, 3610 Carlsbad Boulevard, speaking for the League of Women Voters, North
Coast, San Diego County, and specifically for the Carlsbad Unit, requested Council move the
Public Comment period back to the beginning of Council meetings.
Mrs. Monroy stated that the League is concerned with the citizen participation in government and
one way to do that is to participate in the Public Comment period at City Council meetings. She
said that since Council moved the Public Comment period to late in the meeting, there has been
very rile participation.
Mrs. Monroy said the League recommends a compromise; that the Public Comment period be
moved back to the beginning of the meeting and the 15 minute time limit be enforced.
Jim Watson, 3283 Lincoln, requested the Public Comment time be moved back to the beginning
of Council meetings, and if there is an overflow of speakers, have them speak later in the meeting. ,
Don Jackson, 260 Normandy Lane, stated he would like to have the opportunity to address
Council at a more or less fwed time, earlier in the meeting.
ACTION: On motion by Council Member Finnila, Council directed staff to place the Public
Comment section of the Agenda just after Ordinances for adoption; and Council
agreed that the Isminute time limit would be strictly enforced, and if there were
additional speakers, they could be heard at the end of the Council Meeting prior
to Council Reports.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
81 10. AB #12,576 - HOSP GROVE FIRE HAZARD REDUCTION PROPOSAL
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94-
Account in order to fund immediate maintenance operations to reduce potential
wildfire hazards within Hosp Grove.
- 40, authorizing the appropriation of $20,000 from the General Fund Reserve
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.
CITY ATTORNEY COMMENTS:
Clty Attorney Ron Ball reported that the Batiquitos Lagoon litigation decision in favor of the City has been
upheld by the Supreme Court, which brings the State Court litigation to a conclusion. However, a suit
has now been filed in Federal Court.
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ADJOURNMENT:
By proper motion, the Regular Meeting of February 1, 1994, was adjourned at 8:37 p.m.
Respectfully submitted,
& cz!%
ALETHA L. RAUTENKFWNZ
City Clerk
Harriett Babbitt
Minutes Clerk
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