The URL can be used to link to this page

Home My WebLink About1997-07-15; City Council; Minutes.1 0 e MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 15,1997 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: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, and Hall LEGISLATIVE INVOCATION was given by Pastor Dan Grider of Daybreak Community Church. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. PRESENTATIONS: Mayor Lewis announced that the Parking Authority had been dissolved, and he presented a plaque to the members. Mayor Lewis presented a Retirement Proclamation to Kathleen Quinn. ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend and participate in the following event: Denso International America Research & Development Building Groundbreaking , to be held on Friday, July 18, 1997, at 11:30 a.m., at the building site on Armada Drive, Carlsbad. APPROVAL OF MINUTES: ACTION: On motion by Mayor Pro Tem Finnila, the Minutes of the Regular Meeting held on June 24, 1997, were unanimously approved as presented. I1 I1 I1 I1 I1 11 I1 I1 I1 I1 I1 I1 I1 I1 I1 0 0 44 45 113 57 113 57 113 57 July 15,1997 CITY COUNCIL Page 2 CONSENT CALENDAR: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar, Item #1, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,260 - APPROVAL OF AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES. Council adopted RESOLUTION NO. 97-533, approving an agreement with Rancho California Consultants to perform as-needed construction inspection services for the Engineering Department. ORDINANCES FOR ADOPTION: 2. AB #14,261- AVIARA MASTER PLAN AMENDMENT - AZURE COVE ANNEXATION, MP-l77(S)/GPA 96-6/LCPA 96-13/ZC 97-3. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-412, adopting the Aviara Master Plan Amendment relative to the annexation of Azure Cove on property generally located in the Southwest Quadrant of the City in Local Facilities Management Zone 19. Case No. MP 177(S) AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 3. AB #14,262 - AVIARA MASTER PLAN AMENDMENT - AVIARA PLANNING AREA 23, MP-l77(R)/GPA 96-2/LCPA 96-2. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-411, adopting the Aviara Master Plan Amendment relative to Aviara Planning Area 23 on property generally located north of Aviara Parkway, east and west of Black Rail Court in Local Facilities Management Zone 19. Case No. MP 177(R) AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 4. AB #14,263 - SEAPOINTE RESORT EXPANSION - GPA 96-4/ZC 96-5LCPA 96-1 1. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-407, amending Title 21, Chapter 21.05, Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map, to grant a Zone Change, ZC 96-05, from 0 to C-T on property generally located on the northeast corner of Island Way and Surfside Lane, in Local Facilities Management Zone 22. Case No. ZC 96-05 AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall PUBLIC COMMENT: None 2 0 0 July 15,1997 CITY COUNCIL Page 3 PUBLIC HEARING: 64 5. AB #14,264 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Special Projects Manager, Jim Hageman, gave the staff report. He described the boundaries of the District; explained the extent of work; and presented the Rerpot. He also explained the method and formula of assessment spread; and announced that no protests had been filed. The City Clerk announced that the notice of the Public Hearing had been given as required by law and a Certificate of Compliance is on file in the City Clerk’s office for public inspection. Mayor Lewis opened the duly noticed Public Hearing at 6:21 p.m., and issued the invitation to speak. Since no one wished to give testimony, Mayor Lewis closed the Public Hearing at 6:24 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-534, confirming the diagram and assessment and providing for the levy of the annual assessment in a special maintenance district. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall I 57 6. AB #14,267 - AVIARA MASTER PLAN AMENDMENT - AVIARA LOT 308 - MP- L13 177(S)/GPA 96-6LCPA 96-13. Project Planner, Michael Gnm, gave the staff report on the item noting it had been continued from the meeting of June 24, 1997. He reported that since that time, a letter had been received from Procopio, Cory, Hargreaves & Savitch on behalf of Walton & Carol Whann, withdrawing their opposition. Mayor Lewis opened the duly noticed Public Hearing at 6:28 p.m., and issued the invitation to speak. Larry Clemens, Aviara Land Associates, 201 1 Palomar Airport Rd., #206, Carlsbad, reviewed the history of Lot 308 (originally approved in 1988 as a buildable lot, it’s change to Open Space in 1994 by the city’s General Plan Amendment), as detailed in the material provided to Council in a letter dated July 13, 1997, from their attorney, Christopher Neils, of Sheppard, Mullin, Richter & Hampton. He then displayed a series of computer generated images to allow those present to see how a single level or multi- level house would appear if placed on Lot 308. He pointed out that Lot 308, clearly, was approved by the City Council and the California Coastal Commission, in 1988, as a buildable residential lot. Mr. Clemens also stated the city’s errors do not negate their right to develop Lot 308 as previously approved by the City Council. Mr. Clemens stated, for the record, that Aviara Land Associates is willing to agree to a single story, 25 feet to peak, house on Lot 308 and urged Council’s approval of the Aviara Master Plan Amendment. James Wellman, 7144 Aviara Drive, Carlsbad, member of the Aviara Point Home Owners Association Board of Directors, stated there has been no general agreement by the residents of Aviara, in general, that this change should go forward, even though one neighboring resident of Lot 308 has withdrawn his objection. Mr. Wellman asked the Council to exercise fairness to the neighboring residents in their assessment and decision in this matter. He stated that the developer should have disclosed to those purchasing homes in the area the fact that Lot 308 was a buildable lot. In response to questions, City Attorney Ron Ball stated that if people felt there wasn’t full disclosure by the developer, it was a private issue between the homeowners and the developer, and did not involve the city. /I I/ // 3 e a July 15,1997 CITY COUNCIL Page 4 Alan H. Croll, 6965 El Camino Real #105-520, Carlsbad, owner of a home on Rockrose Terrace with a back yard directly facing the proposed Lot 308 development, stated they purchased their lot based on the information and maps in the Aviara Information Center, which showed that lot as open space. Therefore, Aviara should be responsible, and the lot should remain open space. Daryl Guest, 7051 Rockrose Terrace, Carlsbad, presented photographs of Lot 308, taken from his fence, to illustrate what his view will be if that lot is built upon. He stated that he paid a “view premium” of $43,000 for an unobstructed view of the golf course and open space and unless Lot 308 remains “open I space”, the value of his property will be severely diminished. Mr. Guest requested that Council not approve this Master Plan Amendment. Janos Beny, 1886 Maya Ct., Vista, owner of Lot #292, stated that his homeowners association, along with other Aviara associations, pay for the maintenance of Lot 308 as open space. Once again, Mr. Beny alleged that Hillman Properties have known, all along, that Lot 308 was there and have always intended to remove it from its “open space” designation and develop it. Mr. Beny concluded by requesting that Council investigate and reverse the action of the Planning Commission regarding Lot 308, and permanently deny the development of that open space. Carol Duncan, 7101 (Lot 297) Aviara Dr., Carlsbad, stated her objection to any construction on, or the removal of the “open space” designation for, Lot 308. Chris Neils, Attorney, 501 West Broadway, San Diego, representing Aviara, stated he reviewed the 1994 General Plan Amendment document, and the city represented that there were no changes in any designations for their property. In rebuttal, Larry Clemens, Aviara Land Associates, 201 1 Palomar Airport Rd., #206, Carlsbad, explained how all of the Aviara Point lots were sold and by whom and discussed the questions that were asked by prospective buyers. He also stated that the Aviara Master Association has not been paying for the maintenance of Lot 308 and that, in fact, Aviara Land Associates has maintained that lot by mowing, trimming, etc., from the beginning. Mr. Clemens also pointed out that they have paid their Master Association dues thereby paying their share for the maintenance of the adjoining open space. By the same token, Mr. Clemens stated, the surrounding neighbors have not paid for anything regarding Lot 308. Since no one else wished to speak, Mayor Lewis closed the Public Hearing at 7:30 p.m. Council discussion noted the historical record was clear on the issue. Lot 308 was to be a developable lot, and if it were retained in open space, the city would be taking away development rights, and would have to purchase the lot. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-414, adopting the Aviara Master Plan Amendment relative to Lot 308 in Planning Area 13 on property generally located in the Southwest Quadrant of the City in Local Facilities Management Zone 19; and, adopted RESOLUTION NO. 97-535, approving a Master Plan Amendment, General Plan Amendment, and Local Coastal Program Amendment for the Aviara Lot 308 land use change, located in the Southwest Quadrant, as amended to include an additional condition restricting the home on Lot 308 to a maximum building height of 25 feet to the peak of the roof. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 4 e 0 July 15,1997 CITY COUNCIL Page 5 57 7. AB #14.268 - FIRST GENERAL PLAN AMENDMENT FOR 1997. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-517, approving the first amendment to the General Plan in 1997 for GPA 96- 04lGPA 96-06lGPA 96-02. AYES : Lewis, Finnila, Nygaard, Kulchin, and Hall RECESS: Mayor Lewis declared a recess at 7:45 p.m., and Council reconvened at 750 p.m., with all Members present. ADJOURNMENT TO THE! CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Carlsbad Municipal Water District Meeting at 750 p.m. and reconvened at 8:22 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 85 8. AI3 #14,266 - REOUEST FROM CATHOLIC CHARITIES FOR FINANCIAL ASSISTANCE 45 TO PURCHASE PROPERTY FOR THE LA POSADA DE GUADALUPE HOMELESS SHELTER. Sister RayMonda DuVall, Executive Director of Catholic Charities, 349 Cedar St., San Diego, stated that the restrictive nature of General Condition No. 5 will preclude the possibility of obtaining multi-year federal funding and grants, because it indicates to the grantors there may be a lack of longevity of the facility. Sister RayMonda explained that the portion of the condition that states “ . . .to purchase the property upon the fifth year of the loan and every year thereafter . . .” is a handicap to Catholic Charities and puts them at a disadvantage when trying to obtain multi-year fknding. When asked what she would suggest as a change to condition #5, Sister RayMonda replied that it would be her suggestion to eliminate the entire second sentence, beginning with, “Additionally, the City will be offered . . .” and ending with “ . . .for the duration of the loan”. Kathleen Wellman, 7144 Aviara Dr., Carlsbad, referenced condition #6, and objected to the addition of the word “consider” following “the City shall”. Leone Stein, 1630 Basswood, Carlsbad, suggested that there could be some grammatical changes made to condition #6 and still allow the City to help if the need arises. City Attorney, Ron Ball, advised Council that if they eliminate sentence #2 in condition #5, then condition #6, in its entirety, will have no meaning and can be eliminated. To enable the City Attorney, staff, and applicant the opportunity to clarify some of the issues and details, Mayor Lewis trailed this item to the end of the Agenda following Item #9. 84 9. AI3 #14,265 - APPROVAL OF AMENDMENTS TO THE PURCHASING SECTIONS OF THE CARLSBAD MUNICIPAL CODE. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-413, amending Title 3, Chapter 3.28 of the Carlsbad Municipal Code by the amendment of various sections of Chapter 3.28 to revise the purchasing procedures. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 5 0. 0 0 July 15,1997 CITY COUNCIL Page 6 8 5 8. Continuation of Item No. 8 - AB #14,266 - reauest from Catholic Charities: Mr. Ball stated that an agreement as to verbiage and content had been reached and presented the following recommendation: General Condition #3. c) - delete existing language and insert “failure to satisfy condition #4.” General Condition #5. - delete both the second and third sentences. General Condition #6. - delete ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-536, authorizing the appropriation of $200,000 in the form of a non interest bearing, deferred loan fiom the Housing Trust Fund for the purpose of assisting Catholic Charities, San Diego to acquire property located at 2472-2478 Impala Dr., for the La Posada de Guadalupe Homeless Shelter, with the deletions and additions to General Conditions No. 3, 5, and 6, as noted above. AYES: Nygaard, Kulchin, and Hall NOES: Lewis and Finnila Mayor Lewis and Mayor Pro Tem Finnila stated they support the loan to Catholic Charities, but do not support the conditions and changes in the contract. COUNCIL REPORTS: None CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of July 15, 1997, was adjourned at 951 p.m. Respectfully submitted, ALETHA hl*?- L. RAUTENKRANZ City Clerk 6