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Home My WebLink About1998-06-09; City Council; Minutes (2)< 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 9,1998 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:Ol p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tern Finnila, Mayor Lewis APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Lewis introduced and made presentations to the valedictorians and salutatorians from Carlsbad High School and from the Army & Navy Academy. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Taylor Made Golf New World Headquarters Celebration Dinner, Sunday, June 14, 1998, 7:OO p.m., at the La Costa Resort, Costa Del Mar Road, Carlsbad. Taylor Made Golf New World Headquarters Ribbon Cutting Ceremony, Monday, June 15, 1998, 12:30 p.m., at 5545 Femi Court, Carlsbad. CONSENT CALENDAR: Items #3, #4, #5, #7 and #8 were removed from the Consent Calendar. i ACTION: On motion by Mayor Pro Tern Finnila, Council affirmed the actions of the Consent Calendar, Items #1-8, with the exception of Items #3, #4, #5, #7 and #8, as follows: AYES: Lewis, Finnila, Nygaard, Hall NOES: None ABSTAIN: Kulchin on Item #2 0 June 9,1998 CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continued): WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,704 - SWIM COMPLEX ADA IMPROVEMENTS, CONTRACT NO. FAC 98-12. Council adopted RESOLUTION NO. 98-169, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the ADA Improvements to the Swim Complex. 2. AB #14,705 - CONSTRUCTION OF CANNON ROAD WEST REACH 1 FROM LEG0 DRIVE TO FARADAY AVENUE, PROJECT NO. 3 184. Council adopted RESOLUTION NO. 98-170, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of Cannon Road West Reach 1 from Leg0 Drive to Faraday Avenue. 3. AB #14,706 - CONTRACT FOR FIRE STATION NO. 3 RENOVATION, CONTRACT NO. FAC 98-9. This item was removed from the Consent Calendar. 4. AB #14,707 - ACCEPTANCE OF DONATIONS. This item was removed from the Consent Calendar. 5. AB #14,708 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 6. AB #14,709 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS. Council adopted RESOLUTION NO. 98-174, adopting annual benefit assessments for the Buena Vista Channel Maintenance District Benefit Area. 7. AB #14,710 - SUPPORT OF PROPOSITION "I.,". This item was removed fi-om the Consent Calendar. 8. AB #14.711 - CARLSBAD CONVENTION AND VISITORS BUREAU OUARTEKY REPORT. This item was removed from the Consent Calendar. June 9,1998 0 CITY COUNCIL 0 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: Council Member Hall requested that Item #8 be taken out of order and heard at this time. 8. AB #14,711 - CARLSBAD CONVENTION AND VISITOR’S BUREAU OUARTERLY REPORT. Reports on recent activities were given by Steve Link and Nancy Nayuda, representing the Carlsbad Convention and Visitor’s Bureau. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the Carlsbad Convention and Visitor’s Bureau’s quarterly report for the period ending January 3 1, 1998. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 3. AB #14,706 - CONTRACT FOR FIRE STATION NO. 3 RENOVATION, CONTRACT NO. FAC 98-9. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 171, accepting bids and awarding a contract to Wharton General Contractors for the renovation of Fire Station No. 3. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 4. AB #14,707 - ACCEPTANCE OF DONATIONS. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98-172, accepting donations from various businesses in support of the Youth Basketball Program and the Youth Baseball Clinic. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 5. AB #14,708 - ACCEPTANCE OF DONATION. Bob Wilson, District Manager and Barbara Brown, Local Manager, representing Starbucks Coffee, presented a check, in the amount of $500, to Dr. Cliff Lange for the Library Adult Learning Program. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98-173, accepting a donation from Starbucks Coffee in support of the Library Adult Learning Program. AYES : Lewis, Finnila, Nygaard, Kulchin, Hall 7. AB #14,710 - SUPPORT OF PROPOSITION “L”. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 98-175, in support of Proposition L, as placed on the March 2, 1999 Ballot by the San Diego County Regional Library Authority for the purpose of asking voters to consider a one-quarter cent sales tax for five years only to be used exclusively for library improvements. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall e June 9,1998 CITY COUNCIL 0 Page 4 PUBLIC COMMENT: There were no requests to address the Council. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #14,712 - REQUEST BY CANDACE COHEN TO ADDRESS THE CITY COUNCIL. City Attorney Ronald Ball stated that this item was placed on the agenda in accordance with the Council Policy whereby any citizen can submit a letter requesting to address the City Council. The request to address the Council contemplates that no action be taken. It is appropriate for Council to receive the information and if desired, to have the matter placed on a future agenda for consideration. Mr. Ball stated that Council previously approved an amendment to the Master Plan, which was Council’s legislative approval to allow the developer to apply for a development proposal. This legislative approval did not approve or mandate any action, in particular by the developer; the developer has a choice to submit a condominium or apartment application consistent with the amended Master Plan. Mr. Ball noted that a development application has been submitted by the developer, which will go through the public hearing process at both the Planning Commission and City Council level for a Site Development Plan. Mr. Ball stated that many of the requests made by Ms. Cohen in her letter are regarding the internal affairs and governance of the Homeowner’s Association and it’s relation to the developer/property owner, which is a civil matter. Candace Cohen, 1604 Starling Court, Carlsbad, gave an overview of the recent Association meeting and stated that the new Board is now comprised of a homeowner majority. She also addressed the Council regarding concerns that she and the homeowners of the Aviara community have, including the fact that Aviara Land will not provide an accurate accounting of the financial impacts that Phase I11 will have to it’s communities; and that whether or not the Coastal Commission approves the amendment it does not relieve Aviara Land from their violations against the Homeowner’s Association. Ms. Cohen requested that Council not approve the project without considering the best interests of the property owners. Aside from this matter, Ms. Cohen also addressed the traffic problems at the intersection of Aviara Parkway and Ambrosia. She stated that with the addition of 500 new homes and either 260 apartments or 340 condominiums, along with the middle school, that no one should be allowed to develop a unit until the traffic congestion can be remedied. Pam Whitcomb, 2011 Palomar Airport Road, Suite 206, Carlsbad, representing Aviara Land, stated that she was available to answer questions regarding land use items. In response to query, Mr. Ball stated that the Land Use Amendments have been made by the Council, considered and approved by the Coastal Commission, which sets into motion permission for the developer to apply for final development permits. Planning Director Michael Holzmiller stated that a formal application for an apartment project has been submitted. It is estimated that it will be approximately 6 months before it goes to public hearing before the Planning Commission. Council took no action on this matter. June 9,1998 CITY COUNCIL 0 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 10. AB #14.713 - LOAN AGREEMENT FOR CONSTRUCTION OF 42 TOWNHOMES AFFORDABLE TO LOW INCOME HOUSEHOLDS. Council, during discussion, expressed their desire that the program be structured to give preference to Carlsbad residents if possible. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- - 176, approving a loan agreement, developer promissory note, developer deed of trust and security agreement, borrower promissory note, borrower deed of trust and security agreement, and borrower disclosure statement between the City of Carlsbad and Cherry Tree Walk, LLC., to assist in the construction of 42 townhomes affordable to low income households. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 11. AB #14,714 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Staff gave a report on the following: 1. The general nature, location and extent of the improvements. 2. An estimate of the cost of the maintenance. 3. A diagram showing the area and properties to be assessed. 4. The formula used to determine the assessment spread. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 177, initiating proceedings for the annual levy of assessment and ordering the preparation of an engineer’s report for a special maintenance district; and Adopted RESOLUTION NO. 98-178, approving the Engineer’s Report for the proceedings for the annual levy of assessments within a special maintenance district; and Adopted RESOLUTION NO. 98-179, declaring its intention to provide for an annual levy and collection of assessments in a special maintenance district, and setting July 14, 1998, as the time and place for a public hearing. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall COUNCIL REPORTS AND COMMENTS: Council Members reported on the activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. 0 June 9,1998 CITY COUNCIL e Page 6 CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of June 9, 1998, was adjourned at 7:2 1 p.m. Respectfully submitted, J*k /3 /e>T ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk 4, +