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Home My WebLink About1994-02-08; City Council; Minutes0 0 MINUTES MEmNG OF: CITY COUNCIL (Regular Meeting) DATE OF MEmNG: February 8,1994 TIME OF MEmNG: 6:OO p.m. PLACE OF MEmNG: 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. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Mayor Lewis requested Item #3 be removed from the Consent Calendar, and Council Member Finnila requested Item #4 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of Consent Calendar Items 1 and 2, 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. 26 1. AB #12,578 - COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2 DELINQUENT ASSESSMENTS. Council adopted RESOLUTION NO. 94-42, authorizing the firm of Brown, Diven & Hentschke to initiate a lawsuit to foreclose on the property owned by M Partners LP with delinquent assessments within the College Boulevard Assessment District. 26 2. AB #12,579 - PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT NO. 86-1 DELINQUENT ASSESSMENTS. Council adopted RESOLUTION NO. 94-43, authorizing the firm of Brown, Diven & Hentschke to initiate a lawsuit to foreclose on the property owned by Morgan/Palomar Industrial with delinquent assessments within the Palomar Airport Road Assessment District. L/[ e 0 February 8, 1994 Page 2 EMS REMOVED FROM THE CONSENT CALENDAR: -% 3. AB #12,580 - AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR CDBG PROGRAM YEAR 1994-95. Mayor Lewis assigned the following Quadrants to the Council Members for the Community Development Block Grant Funding Committee appointments: Stanton--Southwest; Kulchin-- Southeast; Nygaard--Northwest; and Finnila--Northeast. He also requested the nominees each from the Planning Commission, Housing Commission and Senior Commission, and stated the appointments would be made at the February 15th Council meeting. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94-44, authorizing distribution of a Request for Proposals for CDBG Program Year 1994- 95; approving the 1994-95 Community Development Plan; and approving the Revised Citizen Participation Plan and General Administrative Procedures. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 99 4. AB #12,584 - CALAVERA HEIGHTS VILLAGE "U" - CT 90-25/PUD 90-25/HDP 90-31. Council Member Finnila requested that the word "motor" be added before the word "vehicles" in Condition (a) of Resolution No. 9447, with regard to the CC&R's restricting the use of the garages for Calavera Heights Village "U". ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94-47, approving a Tentative Subdivision Map (CT 90-25), Planned Unit Development (PUD 90-25), and Hillside Development Permit (HDP 90-31) for a 138-unit multi- family residential project on 59.3 acres of land generally located in the Northeast Quadrant, east of future alignment of College Boulevard, south of approved Village "T" and north of approved Village "W within the Calavera Hills Master Plan in Local Facilities Management Plan Zone 7; as amended to include the word nmotor" before the word "vehiclesn in Condition (a). AYES: Lewis, Kulchin, Nygaard and Finnila ABSTAIN: Stanton ORDINANCE FOR INTRODUCTION: - 72 5. AB #12.581 - NO PARKING ZONE ON PORTIONS OF PASEO DEL NORTE. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- revision of Section 10.40.072 to declare "NO PARKING ANYTIME'' on each side of Paseo Del Norte from Poinsettia Lane southerly to the Sea Cliff entrance gate. - 270, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila q <> -1 I a 0 February 8, 1994 Page 3 ORDINANCE FOR ADOPTION: 113 6. AB #12,577 - APPROVAL OF AVIARA PHASE 111 MASTER PLAN MP-l77-(G)/GPA 93-6/LCPA 92- 99 1/CT 92-3/HDP 92-4. 57 77 Staff read and recommended a revised Condition 3(3) and Exhibit A for Resolution No. 94-41, as follows: "Developer shall provide a 30'-wide temporary access easement along the easterly boundary of Lot 3, as shown on Exhibit "A", until such time as a permanent alternate access easement is dedicated to allow pedestrian and vehicular access from the residential areas east of the project to Aviara Park and the Aviara Oaks School to the satisfaction of the City Council". Larry Clemens, Aviara Land Associates, 201 1 Palomar Airport Road, #206, stated that Aviara believes the 30-foot temporary access easement unnecessarily burdens their property and does not provide a meaningful solution to the issue of park or school access. He stated that access to the park would be best gained by traveling south from "A" Street to Poinsettia Lane to Ambrosia Lane to the park. Mr. Clemens said that granting a temporary public access easement would tend to vest the public interest in their property and make it difficult to convince the City to accept an alternate access plan in the future. In addition, vehicular access should not be required. It should only be for pedestrians. There is already a utility easement that runs north and south, so all that is needed is the addition of a provision for pedestrians in that same easement. Jack Henthorn, 5431 Avenida Encinas, Ste. G, representing Poinsettia Hills, Ltd., stated he would also speak for Mr. Spiers. He said that the issues here impact their project. Mr. Henthorn said that in the Memorandum dated February 8, 1994, from the Assistant City Engineer to the City Manager, there is an error in the first sentence of the next-to-last paragraph. This sentence states ''The Poinsettia Hills developer is prepared to grant on-site easements and to secure the necessary off-site easements to provide pedestrian access from "A" Street to Poinsettia Lane at the time their property is developed". He said that off-site easement to the south is not for purposes that have been discussed tonight. That has a different ownership and the purpose of the easement is to provide a temporary utility connection until the property to the south of Poinsettia Hills has approvals by Council. He said that if 70 feet was taken off of that property it would create an unusable area. Mr. Henthorn said the basic intent of their offer to provide Council with the east/west access to intersect the north/south access Council is seeking. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- 4l, approving a Mitigated Negative Declaration, application for a Master Plan Amendment, General Plan Amendment, Local Coastal Plan Amendment, Tentative Subdivision Map and Hillside Development Permit on property generally located in the Southwest Quadrant; as amended to include Revised Condition 3(3) as recommended by staff. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- - 269, adopting the Aviara Phase Ill Master Plan Amendment located in the Southwest Quadrant of the City in Local Facilities Management Plan Zone 19. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila -3 8 a 0 February 8, 1994 Page 4 PUBLIC COMMENT: Maurice Kimball, 1623 James Drive, complimented staff on the new format of the agenda, and inquired why the City was paying more money for recycled paper when it would cost less to purchase new goods. PUBLIC HEARING: 26 7. AB #12,583 - PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT NO. 86-1. Mayor Lewis announced this is the final public hearing on this matter. The City Clerk announced that notice of the Public Hearings has been given in the manner and form as required by law and that a Certificate of Compliance is on file certifying that notice was given in the following ways: Publication of Notice of Public Hearing; Mailing Notice of Public Hearing to property owners within the District; and Filing amended boundary map in Office of County Recorder. Staff explained the purpose of the hearing; described the proposed changes and modifications, and summarized the report. Mayor Lewis opened the duly noticed Public Hearing at 6:47 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 Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. W, ordering certain changes and modifications in the work in a special Assessment District. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:48 p.m., and re-convened at 7:30 p.m., with all Members present. DEPARTMENTAL AND CrrY MANAGER REPORTS: 105 8. AB #12,582 - AGREEMENT WITH COUNTY FOR ADMINISTRATION OF A CARLSBAD 45 RESIDENTIAL REHABILITATION PROGRAM. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- including mobile homes, and recommending approval of an agreement for the administration of such program by the Housing Authority of the County of San Diego. - 45, approving a Residential Rehabilitation Program for single family dwellings, AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 48 9. AB #12,585 - SPECIAL MUNICIPAL ELECTION - JUNE 7, 1994. Geoff Bell, 3686 Highland, stated the election should be as fair as possible and Council Members should not write arguments in favor of the measure. p. n -5 ’/ 0 e February 8, 1994 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis recommended that Resolution No. 94-52, which would authorize Council Members to write an argument in favor of this measure, be continued one week to give the public time to provide input. ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions: RESOLUTION NO. 94-48, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 7, 1994, for the purpose of submitting to the voters a question relating to a Leg0 Family Park. RESOLUTION NO. 94-49, requesting the Board of Supervisors of the County of San Diego to consolidate a Special Municipal Election to be held in the City of Carlsbad on Tuesday, June 7, 1994, with the statewide Primary Election to be held on that date pursuant to Section 23302 of the Elections Code. RESOLUTION NO. 94-50, directing the City Attorney to prepare an impartial analysis. RESOLUTION NO. 94-51, transferring funds for the Special Election to be held in June, 1994. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: . By consensus, RESOLUTION NO. 94-52, was continued one week. 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 February 8, 1994, was adjourned at 754 p.m. Respectfully submitted, ALETHA 6!htw?- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk &j