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HomeMy WebLinkAbout1994-03-22; City Council; Minutesa 0 MINUTES MEi3iNG OF: CITY COUNCIL (Regular Meeting) DATE OF ME€llNG: March 22,1994 TIME OF ME€llNG: 6:OO p.m. PLACE OF ME€llNG: City Council Chambers CALLTO ORDER: Mayor Lewis called the Meeting to order at 6:03 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Kulchin. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, Council approved the following Minutes, as presented: Minutes of the Special Meeting held March 8, 1994. Minutes of the Regular Meeting held March 8, 1994. Minutes of the Regular Meeting held March 15, 1994. AYES: Lewis, Stanton, Nygaard and Finnila ABSTAIN: Finnila (Minutes of March 15, 1994) PRESENTATION: See Page 3. CONSENT CALENDAR: City Manager Ray Patchett requested a change to Exhibit A of RESOLUTION 94-86, Item #5 on the Consent Calendar, to change the figure $20,900 in Section 6, Item C, to $17,400 (with a corresponding correction in the text of the agenda bill). ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 7, with the amendment to Item #5, as follows: AYES Lewis, Stanton, Nygaard and Finnila ABSTAIN: Council Member Finnila on Item #6. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 72J e 0 March 22, 19% Page 2 CONSENT CALENDAR: (Continued) 110 1. AB #12,631- ESTABLISHMENT OF FEE FOR AGRICULTURAL LAND CONVERSION MITIGATION - TWIN ‘D” SITE IMPROVEMENTS - CONTRACT NO. 3376. Council adopted RESOLUTION NO. 94-84, establishing a fee for agricultural land conversion mitigation for Twin ‘D’ Reservoir Site Improvements, CMWD Project No. 84-1 11. 51 2. AB #12,632 - APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR EMT-PARAMEDIC 45 SERVICES. Council adopted RESOLUTION NO. 94-85, approving a Memorandum of Understanding for EMT- Paramedic Services between the City of Carlsbad and the County of San Diego. ?7 3. 39 4. 54 5. $5 99 6. 113 7. LO5 $5 AB #12,633 - ACCEPTANCE OF 1992-93 SINGLE AUDIT. Council accepted the 1992-93 Single Audit Report for the Fiscal Year ended June 30, 1993. AB #12,634 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer‘s report on the status of City investments as of February 28, 1994. AB #12.635 - APPROVAL OF AMENDMENT NO. 1 TO RIGHT-OF-WAY CONSULTANT SERVICES AGREEMENT FOR POINSElTIA lANE/I-5 INTERCHANGE WIDENING. Council adopted RESOLUTION NO. 94-86, approving Amendment No. 1 to the agreement with MacFarlane and Associates for the provision of right-of-way consulting services to provide for a one-year extension and additional fees in the amount of $4,900, amended to reflect that the total aggregate payment of fees shall not exceed $17,400. AB #12,636 - CT 92-2/PUD 92-3/SDP 92-6/HDP 92-3 - SAMBI. Council adopted RESOLUTION NO. 94-87, approving a Conditional Negative Declaration, Tentative Subdivision Map, Planned Unit Development, Site Development Plan and Hillside Development Permit for 129 single family units, 76 townhomes, 72 condominium units, 72 apartment units and two future community facilities sites on 68 acres of property generally located east of Paseo Del Norte and north of Camino de Las Ondas in Local Facilities Management Plan Zone 20. ABSTAIN: Council Member Finnila AB #12,639 - APPROVAL OF REIMBURSEMENT AGREEMENT FOR ACQUISITION OF AFFORDABLE HOUSING PROPERTY. Council adopted - approving an agreement with the Redevelopment Agency to allow the City to use CDBG funds to reimburse the Redevelopment Agency for the acquisition of affordable housing property; and authorized the City Manager to execute an ’option to lease’ the property to the BRIDGE Housing Corporation for development of the Villas Affordable Housing Project. ?/ a 0 March 22, 1994 Page 3 PRESENTATION: Tim Murphy, representing Elite Racing, announced the Carlsbad 5K Race will be held Sunday March 27, 1994, with 8,000 participants this year. The Junior Race will be held on Saturday, March 26, 1994, with 2,800 children registered to participate. He presented T-shirts to the Council Members. PUBUC COMMENT: Marie Kersten, 7787 - 100 Caminito Monarca Road, expressed concern with the proposed Green Valley development, and stated they had received no notice of any public hearings on this matter. PUBUC HEARINGS: 39 8. ABA #12,637 - CT 933/CP 93-2/HDP 93-2/SDP 93-2 - POINSETTIA HILL. Staff requested that the documents of approval for CT 93-3 be modified in accordance with the memorandum, dated March 8, 1994, from the City Engineer to the City Manager, as follows: Addition of the following conditions: 78. Prior to approval of the final map, the owner shall make an irrevocable offer of dedication to the City of Carlsbad, Open Space District, or other similar entity designated by the City of Carlsbad, for a perpetual easement for public trails over, upon, and across the northerly portion of Lot 1. If the City of Carlsbad accepts dedication of the trails easement, the City shall assume responsibility, maintenance and liability of the trails. 79. Plans, specifications, and supporting documents for the improvements mentioned below shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, the following improvements: "A" Street shall be extended from the proposed end, shown on the tentative map, to a future intersection with Poinsettia Lane. Said extension shall be graded to full-width and constructed with an off-site 32' wide paved roadway, curb, gutter and sidewalk on the northerly side, sufficient drainage control facilities as may be required and all sewer, water and utility lines that would be underneath the paving. A minimum 42' right-of-way width shall be offered for dedication to the City for the improvements to be constructed and maintained. Installation of these improvements shall only be required at such time as Poinsettia Lane improvements are installed and functioning as an integral part of the circulation system linking Poinsettia Hill with Aviara Oaks School. The developer may request a reimbursement agreement for design, right-of-way, acquisition costs, grading and improvements associated with the off-site "A" Street extension, with the exception of sewer and drainage facilities required to serve Poinsettia Hill. 70 0 . * March 22, 1994 Page 4 PUBUC HEARINGS: (Continued) Modification of Condition 32 of Planning Commission Resolution 3607 to read as follows: CT 93-03 is approved subject to the condition that the construction of the local collector serving the Poinsettia Hill project shall include a connection to the existing unimproved access, as shown on Exhibits "C" - "D", dated January 5, 1994, that allows circulation adequate for vehicles meeting Caltrans Highway Design Manual 407D. This interim pedestrian and vehicle access shall be provided via the 39' wide temporary access easement to be offered on the Poinsettia Hill final map that will connect with the 30' wide temporary access easement located along the easterly boundary of Aviara Phase 111, Lot 3. All temporary access easements shall remain in place until installation of the improvements described in Condition No. 79. In addition, access for those agricultural uses traveling to and from El Camino Real shall be maintained throughout construction of the Poinsettia Hill project. Mayor Lewis opened the duly noticed Public Hearing at 6:34 p.m., and issued the invitation to speak. Dwight Spires, General Partner, Poinsettia Hill, Ltd., 5431 Avenida Encinas, Ste. G, supported staffs recommendation and requested approval of the project. Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, spoke in support of the Poinsettia Hills project. Tony Bons, 1565 Mulberry Drive, San Marcos, owner of the property east of the project, stated they have had greenhouses there since 1971, and he is not opposed to this project. However, he has requested re-alignment of the proposed "A Street so it won't cut through his property. Mr. Spires questioned whether the City Clerk had received a letter in support of this project from Mr. Ghysels, Vice President and Regional Director, Bank of America, As Trustee for the Whitney Family Trust, part owners of property to the immediate south of the Poinsettia Hills project. The City Clerk stated the letter had been received and was on file. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:43 p.m. ACTION: On motion by Council Member Nygaard, Council directed the City Attorney to prepare documents adopting the Mitigated Negative Declaration, CT 933, CP 93- 2, SDP 93-2 and HDP 93-2; amended as recommended by staff in the memorandum dated March 8, 1994. AYES: Lewis, Stanton, Nygaard and Finnila ACTION: By consensus, Council requested that the Planning Commission consider a policy providing guidance on the issue of conditioning projects to restrict the use of garages for the parking of motorized vehicles. 69 0 e March 22, 1994 Page 5 PUBLIC HEARINGS: (Continued) 20 9. AB #12,638 - DECLARATION OF PUBLIC NUISANCE AT 3244 HARDING STREET. Staff recommended continuing the hearing date to April 12, 1994, since work has begun on the rehabilitation of this property. Robert Adatto, 3160 Camino Del Rio South #118, San Diego, Centhron, Inc., owner of the property requested a four-week continuance. He stated the threat of the public nuisance causes problems with attempts to get a construction loan. City Manager Ray Patchett stated that if the work on the property has continued, the matter would be continued again on April 12. He said the City would be happy to provide information to the bank if there is proof that this hearing date is causing difficulty in obtaining financing. ACTION: On motion by Council Member Nygaard, Council continued the public hearing to the meeting of April 12, 1994. AYES: Lewis, Stanton, Nygaard and Finnila CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:06 p.m., and re-convened at 7:07 p.m., with four Members present and Council Member Kulchin absent. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:07 p.m., and re-convened at 7:36 p.m., with four Members present and Council Member Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 113 10. AB #12,640 - RESTRUCTURING OF FINANCIAL ASSISTANCE FOR THE VILLAS AT EL CAMINO 105 REAL. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- Camino Real Affordable Housing Project to be located within the Southwest Quadrant of the City. AYES: Lewis, Stanton, Nygaard and Finnila - 90, approving a restructuring of City financial assistance for the Villas at El RECESS: Mayor Lewis declared a Recess at 7:36 p.m., and Council re-convened at 7:46 p.m., with four Members present and Council Member Kulchin absent. 51 4 1. AB #12,641 - EARTHQUAKE EMERGENCY PREPAREDNESS. Battalion Chief Jim West presented a report on Carlsbad’s disaster preparedness activities. a * It I) March 22, 1994 Page 6 COUNCIL REPORTS: Council Members reported on the activities and meetings of Committees and Subcommittees of which they are Members. ANNOUNCEMENT: City Manager Ray Patchett announced that all Council Members have been invited to attend all the activities planned on Saturday, March 26, and Sunday, March 27, for the Carlsbad 5K Race. ADJOURNMENT: By proper motion, the Regular Meeting of March 22, 1994, was adjourned at 8:18 p.m. Respectfully submitted, -8. w ALETHA L. RAUTENKRANZ Clty Clerk Harriett Babbitt Minutes Clerk Q?