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Home My WebLink About1995-02-07; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 7,1995 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:15 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. INVOCATION was given by Reverend Dwayne Edwards of the Church of Nazarene. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES On motion by Mayor Pro Tem Nygaard, the Minutes of the following Meetings were approved as presented: Minutes of the Special Meeting held January 10, 1995. Minutes of the Regular Meeting held January IO, 1995. Minutes of the Special Meeting held January 17, 1995. Minutes of the Regular Meeting held January 17, 1995. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PRESENTATION: Connie Beardsley, Arts Manager, introduced representatives from five of the six recipients of the 1995 Carlsbad Arts Office 1995 Community Grants, and Mayor Lewis presented the checks to those representatives. Those present were representing the Carlsbad High School Drama Department, Patrons of the Arts Foundation/Carlsbad Youth Theatre, Carlsbad Children’s Museum, Carlsbad Strings Education Association and Pat Hansen. There was no representative from the Starmakers Open Access Theatre. CONSENT CALENDAR: Council Member Hall requested Item #6 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Nygaard, Council affirmed the action of the Consent Calendar, Items #1 through #5, as follows: AYES: Lewis, Nygaard, Kulchin, Finnila and Hall a *~ a a 84 70 45 64 45 99 51‘ 45 96 45 February 7, 1995 CITY COUNCIL Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #13,008 - AWARD OF BID FOR DESKTOP COMPUTER EQUIPMENT. Council adopted RESOLUTION NO. 95-27, awarding the bid in the amount of $61,696.80, to JIT Computer Source, for the purchase and installation of desktop computer equipment 2. AB #13,009 - ACCEPTANCE OF HOLIDAY HOUSE RESTORATION - CONTRACT U/M 94-8. Council accepted the Holiday House Fire Restoration Project as complete, and directed the City Clerk to record the Notice of Completion and to release bonds in accordance with City procedures. 3. AB #13,010 - AWARD OF CONTRACT FOR LANDSCAPE MEDIAN MAINTENANCE. Council adopted RESOLUTION NO. 95-28, awarding the annual contract for Landscape Median Maintenance to Ponderosa Landscape, Inc., with the option to renew for three additional one-year periods. 4. AB #13,011 - APPROVAL OF FINAL MAP FOR EVANS POINT - CT 91-3. Council adopted RESOLUTION NO. 95-29, approving an agreement with George Wimpey, Inc., to guarantee financial participation in the funding of Cannon Road West, and approving the final map for Carlsbad Tract No. 91-3, Evans Point. 5. AB #13,012 - APPROVAL OF AGREEMENT FOR PARAMEDIC TRAINING. Council adopted RESOLUTION NO. 9530, approving an agreement with the Palomar Community College District for the provision of paramedic training. EM REMOVED FROM THE CONSENT CALENDAR: 6. AB #I 3,Oi 9 - APPROVAL OF AGREEMENT WITH CITY OF SAN MARCOS FOR TRAFFIC SIGNAL AT THE LA COSTA MEADOWS/RANCHO SANTA FE ROAD INTERSECTION. Council Member Hall referenced Condition #I1 of the agreement, and requested confirmation from the Mayor of San Marcos concerning their city’s future support of that condition. ACTION: By consensus, Mayor Lewis was authorized to send a letter to the Mayor of San Marcos requesting a written response memorializing the agreement for the future removal of the traffic signal at the intersection of La Costa Meadows Drive and Rancho Santa Fe Road, and the City of San Marcos’ support for the removal. ACTION: On motion by Council Member Hall, Council adopted RESOLUTION NO. 9535, approving an agreement with the City of San Marcos for the design, construction and operation and maintenance of the traffic control signal system at the intersection of Rancho Santa Fe Road and La Costa Meadows Drive. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 30 0 0 February 7, 1995 CITY COUNCIL Page 3 ORDINANCE FOR ADOPTION: 7. AB #13,013 - ESTABLISHMENT OF CITY OF CARLSBAD INDUSTRIAL DEVELOPMENT ;*4 AUTHORITY. 02 ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- 301, declaring the need for formation of the Industrial Development Authority of the City of Carlsbad. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBUC COMMENT: Inez Yoder, 7738 Madrilena, spoke against approval of Item #9 on tonight’s agenda, which would allow for the approval of development agreements on any proposed project in Carlsbad. She stated that such agreements would not benefit the City and would protect the developer from any changes in City policy. She stated a former City Attorney advised a former City Council against such agreements. Robert Payne, P. 0. Box 3073, spoke in opposition to the development agreements, referencing the California State Government Code; Mayor Lewis’ comments on the developers’ agreements, Mr. Payne’s letter of August 8, 1994, to the Carlsbad Sun, and stated that copies of these documents are on file in the City Clerk’s Office. Mr. Payne asked what penalties could be assessed to a developer who did not comply with the development agreement. He further asked how will development agreements end the Planning Department four million dollar a year deficit. PUBUC HEARINGS: 8. AB #13,014 - MP 177(M)CT 94-3/PUD 94-2 - ALDEA II. 113 Staff stated that there was an error in stating the size of the proposed swimming pool for this , project, and that the pool would be 17 x 32 feet, and not 17 x 72 feet. 98 Mayor Lewis opened the duly noticed Public Hearing at 655 p.m., and issued the invitation to speak. Larry Clemens, Aviara Land Company, 201 1 Palomar Airport Road, stated he would like to clarify two items. The first one is the condition requiring roll-up type automatic garage doors on a of the garages. He stated that this should be at the discretion of the builder. Otherwise, this should be required on all projects in Carlsbad, and not just imposed on this particular project. Mr. Clemens stated the other item was the size of the swimming pool. The proposed pool would be 17 x 32 feet, which is the normal size for a project of this type. Mr. Clemens requested approval of the project. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:04 p.m. a d * a February 7, 1995 CITY COUNCIL Page 4 PUBLIC HEARINGS: (Continued) ACTION: By consensus, Council agreed that Planning Condition No. 16 of Planning Commission Resolution No. 3735 should be modified to state that "Automatic garage door openers and roll-up type doors shall be required on units 1 - 12,30 - , 37 and 41 - 54, and the automatic door openers and roll-up type doors may be installed on the remaining units, at the discretion of the developer. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95 31, approving a Negative Declaration, Minor Master Plan Amendment, Tentative Tact Map and Planned Unit Development for a none-lot, fifty-four unit residential development within the Aviara Master Plan; with the amendment to Planning Condition No. 16 of Planning Commission Resolution No. 3735. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall \ 1'1 9. AB #13,015 - DEVELOPMENT AGREEMENT ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT - ZCA 94-1/LCPA 94-1. 37 Mayor Lewis opened the duly noticed Public Hearing at 7:22 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. In response to the questions posed during Public Comment, City Attorney Ron Ball stated that if the development agreement did not provide benefits to the City, the City would not enter into the agreement. Also, if the developer failed to perform as agreed, the City could call the agreement up for review. The law requires annual review, but it could be reviewed at any time one of the standards was not being met. The agreements will contain incentives and disincentives, and the rules will be contained in the Council's Policy. Michael Holzmiller, Planning Director, in response to the previous questions, stated Leg0 and Fieldstone had requested development agreements. Mr. Ball also explained that development agreements were permitted by State law in 1979; however, in 1986, State law required that cities have policies and procedures in place. Council Member Finnila suggested Section 21.70.080 (b) (9) be changed to read: "Will result in the provision of economic, environmental, recreational, cultural or social benefits to the City which would not be attainable without approval of the agreement." City Manager Ray Patchett stated staff will draft a City Council Policy to provide the framework for the development agreements. 28 'I < a e February 7, 1995 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95 32, approving a Negative Declaration for a Zone Code Amendment and Local Coastal Program Amendment to amend Chapter 21.70 of the Carlsbad Municipal Code to make the Chapter applicable to any project for which a development agreement is proposed; to change all references from Land Use Planning Manager to Planning Director; and to add additional requirements for development agreements; and introduced ORDINANCE NO. NS302, amending Title 21, Chapter 21.70 of the Carlsbad Municipal Code to make the Chapter applicable to any project for which a development agreement is proposed; to change all references to Land Use Planning Manager to Planning Director; and to add additional requirements for development agreements; amended in Section 21.70.080 (b) (9), to add the word "cultural" following the word "recreational". AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:44 p.m., and re-convened at 750 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 39 10. AB #13,016 - ANNUAL REVIEW OF CITY INVESTMENT POLICY. This item was continued one week. 30 11. AB #13,017 - REVISION TO CHAPTER 18.07 OF THE CARLSBAD MUNICIPAL CODE REGARDING UNREINFORCED MASONRY BUILDINGS. Staff indicated the Ordinance should be changed under Section 18.07.030, to delete "an unreinforced masonry structure as defined by the Code"; and in Section 18.07.040 to delete the "a" following the word "earthquake". ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS- - 303, amending Title 18, Chapter 18.07, entitled "Unreinforced Masonry Buildings"; as amended. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 12. AB #13,018 - UNDERGROUND UTILITY ADVISORY COMMllTEE APPOINTMENT. This item was continued one week. a? Y e a February 7, 1995 CITY COUNCIL Page 6 COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of February 7, 1995, was adjourned at 8:13 p.m. Respectfully submitted, pR* LETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 26