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HomeMy WebLinkAbout1996-08-06; City Council; Minutest 0 e MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 6, 1996 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:09 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: Council Member Finnila. INVOCATION was given by Senior Pastor Mark Griffo of the Good Shepherd Assembly of God. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend and participate in the following event: The City Council Workshop, at the Water District Offices, 5950 El Camino Real, on Friday, August 9, 1996, at 8:OO a.m. PRESENTATIONS: Carlsbad Community Theatre representatives, Kevin Webb, Mayor of Munchkin City, with five Munchkins, made a presentation to Council Members, inviting them to the upcoming production “The Wizard of Oz”. City Attorney Ron Ball, on behalf of Attorney Dwight Worden, presented the City Council with a reprint of the Batiquitos Lagoon painting signed by the artist. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council unanimously approved the Minutes of the following Meetings, as presented: Minutes of the Regular Meeting held July 16, 1996. Minutes of the Special Meeting held July 23, 1996. Minutes of the Regular Meeting held July 23, 1996. 0 0 August 6, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: Item #5 was removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #7, with the exception of Item #5, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 70 1. AB #13,754 - ACCEPTANCE OF INSTALLATION OF PLAYGROUND PARK 45 MODIFICATIONS AT HOLIDAY, LAGUNA RIVIERA, CALAVERA AND STAGECOACH PARKS - PROJECT NO. CSD 020. Council adopted RESOLUTION NO. 96-265, accepting the construction and installation of the handicap accessible park improvements at Holiday, Laguna Riviera, Calavera and Stagecoach Parks as complete, directing the City Clerk to record the Notice of Completion and release bonds, and authorizing the Finance Director to close the project account upon payment of all final claims and costs. 26 2. AB #13.755 - ACCEPTANCE OF IMPROVEMENTS FOR LA COSTA DOWNS ASSESSMENT DISTRICT - PROJECT NO. 3417. Council adopted RESOLUTION NO. 96-266, accepting the construction of the improvements for the La Costa Downs Assessment District as complete, and directing the City Clerk to record the Notice of Completion and release bonds as appropriate. 39 3. AB #13.756 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of June 30, 1996. 104 4. AB #13.766 - APPROVAL OF APPLICATION FOR STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDING. Council adopted RESOLUTION NO. 96-267, authorizing the City Engineer to make application to CalTrans for State and Local Transportation Partnership Program Funds (Cycle 8) for various City projects. 24 5. AB # 13,765 - REPORT REGARDING HABITAT PLANNING ISSUES. This item was removed from the Consent Calendar. )9 15 99 113 +5 24 112 e 0 August 6, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 6. AB #13.757 - APPROVAL OF CREDIT FOR CENTEX REAL ESTATE CORPORATION FOR DEVELOPMENT OF SECOND UNITS. Council adopted RESOLUTION NO. 96-268, approving an affordable housing impact fee refund agreement with Centex Real Estate Corporation allowing credit toward the payment of Inclusionary Housing Impact Fees for CT 89-18 and CT 85-10, for the development of Second Dwelling Units. 7. AB #13,758 - APPROVAL OF POINSETTIA HILL/VILLA LOMA GRANT OF EASEMENT, RV STORAGE AGREEMENT AND PROPERTY MANAGEMENT AGREEMENT FOR CT 93-3 AND SDP 93-6. Council adopted RESOLUTION NO. 96-269, approving the Grant of Easement, Recreational Vehicle Storage Agreement and Property Management Agreement relating to the Poinsettia Hill and Villa Loma Development Projects. ITEM REMOVED FROM THE CONSENT CALENDAR: 5. AB #13,765 - REPORT REGARDING HABITAT PLANNING ISSUES. ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted the staff report on the current status of the habitat planning effort and the effects of changes in Federal and State rules and recent court decisions. AYES: Lewis, Nygaard, Kulchin and Hall PUBLIC COMMENT: There were no requests to address the Council. PUBLIC HEARINGS: 8. AB #13,759 - WEED ABATEMENT PUBLIC HEARING. Mayor Lewis opened the duly noticed Public Hearing at 6:45 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. 0 0 August 6, 1996 CITY COUNCIL Page 4 PUBLIC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-270, confirming the report of the Fire Chief showing cost of weed abatement against each parcel of land in said report, confirming the cost, and providing for collection on the regular tax bill. AYES: Lewis, Nygaard, Kulchin and Hall 99 9. AB #13,760 - EMERALD RIDGE EAST CT 95-5/HDP 95-12. Staff indicated Condition No. 50 of Planning Commission Resolution No. 3936 should be superseded by the following condition: “Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for a trail shown on the tentative map within Open Space Lot 61. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Homeowners Association.” Mayor Lewis opened the duly noticed Public Hearing at 6:55 p.m., and issued the invitation to speak. Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, stated they concur with the revised Condition No. 50, and he asked for approval. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:56 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-271, approving a Tentative Map and Hillside Development Permit to subdivide the property into 60 standard single family lots, three open space lots and a 28.9-acre remainder parcel, all on property generally located east of future Hidden Valley Road, north of Camino De Las Ondas and south of Palomar Airport Road in the R- 1-7500-4 Zone and Local Facilities Management Zone 20; to include the revision of Condition 50, as recommended by staff. AYES: Lewis, Nygaard, Kulchin and Hall e 0 August 6, 1996 CITY COUNCIL Page 5 PUBEJC HEARINGS: (Continued) 99 10. AB #13,761 - SEA COUNTRY AT AVIARA - PUD 94-2(A). Mayor Lewis opened the duly noticed Public Hearing at 7:OO p.m., and issued the invitation to speak. Buck Bennett, President of Sea Country Homes, Inc., P. 0. Box 995, Rancho Santa Fey requested approval. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:Ol p.m. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 96-272, approving an amendment to a Planned Unit Development (PUD 94-2) to reduce the number of units, re-orient units and introduce single-story units. AYES: Lewis, Nygaard, Kulchin and Hall 43 11. AB #13,762 - APPEAL OF AVIARA INFORMATION CENTER - CUP 90-7x1 Mayor Lewis opened the duly noticed Public Hearing at 7:08 p.m., and issued the invitation to speak. Curt Noland, Aviara Land Associates, 201 1 Palomar Airport Road, Suite 206, stated he was present to answer any questions about the matter, and urged Council to deny the appeal. Guy Moore, Jr., 6503 El Camino Real, stated that easements were granted 30 years ago by the property owners in that area for the completion of Black Rail Court. He stated this CUP denies emergency and commercial vehicle traffic necessary to service the agriculture growers who live there. He stated that Aviara locked the gate and cut a ditch, and he wants Aviara to develop Black Rail Court. Ronald McKinney, 6525 El Camino Real, stated he is a property owner with frontage on the future Black Rail Court. He asked when the dedication for Black Rail Court was accepted by the City, if it has been, and, if not, why a City street sign has been placed on a private street, since it only goes to the Aviara Information Center. Mr. McKinney stated he wants the CUP amended to give the residents to the north legal access to their property. Evelyn McKinney, 6525 El Camino Real, stated they want ingress and egress for their property. She stated they are an island of constituents with no road. She said that the access to the west was cut off by the Alga Road extension. e e August 6, 1996 CITY COUNCIL Page 6 PUBLIC HEARINGS: (Continued) Mrs. McKinney stated that there was a 45 percent grade on both sides, which was impassable in bad weather. That grade has now been changed to 35 percent, but now they have no view of oncoming traffic. She said it is impossible for them to get their flowers to market, and now they have been denied insurance due to the lack of ingress and egress. She asked for the CUP to be conditioned for Aviara to fill in the ditch, remove the fence, and allow access through Black Rail Court. Barbara Rudvalis, 7316 Bolero, stated the issue of Black Rail Court and the roads into that area has been ongoing for many, many years. She said that the people there cannot get in or out because of the road conditions, and when it rains, the road becomes a stream. She said that the opening of Black Rail Court to these residents would be a great enhancement. George Bolton, 6519 El Camino Real, presented maps to Council Members, showing the landlocked properties. He stated that opening Black Rail to Alga Road would solve the problems. Fien Yamamoto, 1201 Via La Jolla, San Clemente, stated it is important for Black Rail Court to be opened for the owners of property in that area. Tom Smith, Attorney, representing Guy and Jean Moore, stated there are serious access problems in that area, and if Aviara would open up the gate across the road, all would have access to Alga Road. Mr. Smith stated that easements were given by these people with the understanding that Black Rail Court would be built. He said the development projects built in that area have put these people in the center, cutting off their access, and it is unfair to make them bear the burden of building this road. Assistant City Engineer Dave Hauser explained the work being done on the water line and the work to finalize plans to get an all-weather access for these properties. He said the City has the right-of-way from Alga to where the dirt road starts, and there are some standard improvements on that street. Approximately the first 100 feet is built to City standards, but not accepted by the City for public use or maintenance. Mr. Hauser explained that the property owners do not have dedicated roads to their properties, but they have prescriptive access rights, meaning there is no public access, but they have a right to access their property. Mayor Lewis stated he would like Council to consider continuing this matter one week and have Council Members go out and look at the roads in this area. e 0 August 6, 1996 CITY COUNCIL Page 7 PUBLIC HEARINGS: (Continued) City Attorney Ron Ball stated that the purpose of this hearing is an appeal of the CUP extension, and not to adjudicate property rights. He said it is a matter of timing, and the landowners can petition for an assessment district to elevate the quality of their roads. He reiterated this item is the extension of the CUP and not approval of a subdivision or roads associated with it. City Manager Ray Patchett stated that he had received a copy of a letter today addressed to the Council from Mrs. McKinney regarding a noticing problem on Item #12, Aviara Phase 111 Revision. He stated that now that Mrs. McKinney knows the item was on the agenda for tonight, perhaps it would be convenient for that item to be heard next week as well. Mrs. McKinney concurred and indicated that would give them sufficient time to get their information together. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:55 p.m. ACTION: By unanimous consensus, Council continued Agenda Item #11 to the meeting of August 13, 1996. 99 12. AB #13,763 - AVIARA PHASE I11 REVISION - CT 92-3(A). ACTION: By unanimous consensus, Council continued Agenda Item #12 to the meeting of August 13, 1996. RECESS: Mayor Lewis declared a recess at 7:55 p.m., and Council re-convened at 8:05 p.m., with four Members present and Council Member Finnila absent, DEPARTMENTAL AND CITY MANAGER REPORTS: 68 13. AB #13.764 - CREATION OF THE SAN DIEGO COUNTY REGIONAL LIBRARY AUTHORITY. ACTION: On motion by Mayor Pro Tem Nygaard, Council endorsed the establishment of the San Diego County Regional Library Authority; and directed the City Council Representative to support the placement of the Library Quarter Cent Sales Tax Measure on the ballot for the November 5, 1996, General Election. AYES: Lewis, Nygaard, Kulchin and Hall e e August 6, 1996 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 28 14. AB #13.767 - CONSIDERATION OF FORMATION OF SKATEBOARD COMMITTEE AND STUDY REGARDING CONSTRUCTION OF A CITY- OWNED SKATEBOARD FACILITY. Jason Groves, 4940 Hillside Drive, stated that the skateboard issue has been discussed for five years and he felt that was long enough. He also volunteered to be a member of the committee. Rosanne Bentley, 4940 Hillside, spoke in support of the formation of a committee, and added that she hoped it would not be a long-time project. She said that the kids need a place to skate now. Ms. Bentley stated she had offered some suggestions for an interim location, but had no response from the City. Ms. Bentley stated she would be available to serve on the committee. Hope Wrisley, 3080 Basswood Avenue, spoke in favor of a skateboard facility and stated the time has come for this to become a reality. City Attorney Ron Ball stated that the bill in Legislature to add the word “skateboarding” to the list of hazardous activities has gotten bogged down in committee, and if it is not out of committee by the end of this month, the bill will die and must be re-introduced next year. Council discussion reflected their desire that the Resolution be amended to reflect a seven-member committee. Additionally, the Parks & Recreation Commission would make recommendations on the categories of individuals to be represented, with the Mayor making the appointment of the individuals. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-274, referring the issue of formation of a skateboard committee to study and make recommendations regarding feasible sites, designs and estimated costs of construction and maintenance for a City- owned skateboard facility; amended per Council discussion. AYES: Lewis, Nygaard, Kulchin and Hall COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. - e 0 August 6, 1996 CITY COUNCIL Page 9 ADJOURNMENT: By proper motion, the Regular Meeting of August 6, 1996, was adjourned at 8:35 p.m. Respectfully submitted, I ALETHA u4 L. ‘AUTENKRANZ Q- City Clerk Harriett Babbitt Minutes Clerk