HomeMy WebLinkAbout1995-03-07; City Council; Minutes0 e
MINUTES
MEmNG OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: March 7,1995
TIME OF MER1NG: 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: Council Members Hall, Finnila, Mayor Pro Tem Nygaard and Mayor Lewis.
Absent: Council Member Kulchin.
INVOCATION was given by Senior Pastor Mark Griffo of the Good Shepherd Assembly of God.
PLEDGE OF ALLEGIANCE was led by Council Mayor Pro Tem Nygaard.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Margie Monroy, North Coast League of Women Voters, in honor
of the League of Women Voters’ 75th Anniversary.
ANNOUNCEMENT:
City Manager Ray Patchett announced that staff had requested Agenda Item #12, Guidelines for Interim
Processing of Projects with Habitat Impacts, withdrawn from the Agenda and returned to staff for
additional work.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Nygaard, Council approved the following Minutes as presented:
Minutes of the Regular Meeting held February 7, 1995.
Minutes of the Special Meeting held February 14, 1995.
Minutes of the Regular Meeting held February 14, 1995.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
CONSENT CALENDAR:
Council removed Items #1, #3 and #5 from the Consent Calendar.
ACTION: On motion by Mayor Pro Tern Nygaard, Council affirmed the
action of the Consent Calendar, Items #2 and #4, as follows:
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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March 7, 1995 CITY COUNCIL 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.
81 1. AB #13,048 - ACCEPTANCE OF DONATION.
This item was removed from the Consent Calendar.
70 2. AB #13,049 - REQUEST FOR AUTHORITY TO DESTROY FILES.
Council adopted RESOLUTION NO. 9551, authorizing the destruction of certain obsolete files in
the Community Services Department Recreation Division.
77 3. AB #13,050 - SELECTION OF SPECIAL TAX AND FINANCIAL CONSULTANT, BOND COUNSEL 45 AND ASSESSMENT APPRAISER FOR CFD NO. 3 - CARLSBAD RANCH PROJECT,
This item was removed from the Consent Calendar.
74 4. AB #13,056 - MEMORANDUM OF UNDERSTANDING WITH CARLSBAD FIREFIGHTERS'
ASSOCIATION.
Council adopted RESOLUTION NO. 9556, approving a Memorandum of Understanding with the
Carlsbad Firefighters' Association for the period January 1, 1995, through December 31 , t 996.
68 5. AB #13,051 - CARLSBAD CONVENTION AND VISITOR'S BUREAU FIRST QUARTER REPORT.
This item was removed from the Consent Calendar.
EMS REMOVED FROM THE CONSENT CALENDAR:
81 1. AB #13,048 - ACCEPTANCE OF DONATION.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 95-50,
accepting a donation of $1,553 from the Carlsbad Hi-Noon Rotary Club for the
purchase of bleachers for the Aviara Oaks activity playfields.
AYES: Lewis, Nygaard, Finnila and Hall
77 3. AB #13,050 - SELECTION OF SPECIAL TAX AND FINANCIAL CONSULTANT, BOND COUNSEL 45 AND ASSESSMENT APPRAISER FOR CFD NO. 3 - CARLSBAD RANCH PROJECT.
Staff indicated a correction should be made in the second sentence of Section 4 of the contract,
to read as follows: "This amount may be increased with prior approval by the City Manager, but
in any event shall not exceed $50,000."
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March 7, 1995 CITY COUNCIL Page 3
HEMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95-
financial consultant services; with the correction to the agreement; Brown, Diven
& Hentschke to act as bond counsel; and Roberts & Roberts to perform an
assessment appraisal for the formation of Community Facilities District No. 3.
- 52, selecting Kadie-Jensen, Johnson & Bodnar to provide special tax and
AYES: Lewis, Nygaard, Finnila and Hall
68 5. AB #13,051 - CARLSBAD CONVENTION AND VISITOR’S BUREAU FIRST QUARTER REPORT.
Steve Link, Manager, Carlsbad Convention and Visitor’s Bureau, gave a report on the activities
of the Bureau.
ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted the Carlsbad
Convention and Visitor’s Bureau first quarter report for 1994-95.
AYES: Lewis, Nygaard, Finnila and Hall
PUBUC COMMENT:
Maurice “Mo” Kimball, 1623 James Drive, complimented the City staff in removing the graffiti from the
public bus benches and added that graffiti is a big problem for every City.
Robert Payne, P. 0. Box 3073, referred to the staff presentation on the Green Valley Initiative on February
21, and stated the consultant was not an independent consultant, as reported by staff. He referred to the
consultant’s resume and stated the consultant had completed more work for the City of Carlsbad than
anyone else. Also, the consultant had previously been employed by the Hunt Brothers.
Dolores Welty, 2076 Sheridan Road, Leucadia, stated her concern about some of the things being done
with the enhancement of Batiquitos Lagoon. She stated that heavy equipment is running over the sage
brush and that some waste material has been pushed over the edge of the bluff. Also, one of the dredge
pipes has been placed on the sage brush. Ms. Welty requested that the area be fenced off to keep the
pipes and waste material off of that area.
Jim Elliott, Financial Management Director, explained the process used to hire a consultant, and reported
that Council had requested a report on the Green Valley Initiative within 30 days, which really only gave
staff two weeks to get the work done. Staff looked for someone with experience in Carlsbad and qualified
to do the work in a short time. The data is in the two libraries, the City Clerk’s Office, the Finance Office,
the City Manager’s Office and the Engineering counter, and is available to the public.
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PUBUC HEARINGS:
99 6. AB #13,040 - RANCHO CARRILLO VILLAGES "L", "M", "rQ":lliR and "T" - CT 93-4.
and
99 7. AB #13,041 - RANCHO CARRILLO VILLAGE "0" - CT 93-8/PUD 93-7.
and
99 8. AB #13,039 - RANCHO CARRILLO VILLAGES "F", "G" and "P" - CT 93-7/PUD 93-6/SDP 94-1,
Council Members indicated they want notice posted in the sales office that the City does not allow
a pass-through on the Mello Roos, but that the schools may have a pass-through at a
later date. Also, Council requested a map be on display in the sales office identifying all of the
areas in the Master Plan.
Mayor Lewis opened the duly noticed Public Hearing at 7:20 p.m., and issued the invitation to
speak.
Chris Chambers, Continental Homes, 12636 High Bluff Drive, San Diego, concurred with the staff
report and recommendations and requested approval. He stated the applicant has been
negotiating with San Marcos with regard to the school site.
Dolores Welty, 2076 Sheridan Road, Leucadia, stated the Habitat Management Program would
not be final until the entire county has its conservation plans in order, so it would be difficult for
anyone to proceed until that is finished. She inquired about the location for the connection of
Melrose at the southern boundary.
Inez Yoder, 7738 Madrilena, expressed her views on how the process works, and how that
process favors developers and not residents. She stated the project has many detrimental
aspects, including significant impacts on the environment.
Anne McLevie Spooner, 2936 Cacatua Street, spoke in favor of the projects, stating Mr. Chambers
and Continental Homes had worked with the residents to mitigate the impact to the neighboring
homes.
Note was made of a letter (a copy of which is on file in the City Clerk's Office) from William
Daugherty, 2600 La Golondrina, representing the Audubon Society, stating that the diversion dam
and retention basin design is inadequate.
Staff reported that the Master Plan shows a series of check dams to be constructed to contain
the increased runoff from the area and slow down erosion in the valley itself. At this time, the
proposal is to have Melrose act as a dam structure, containing the increased runoff from the
project behind Melrose and letting the water out from the dam structure at a rate non-impacting
to the downstream area. This has to be approved by the Wild Life agencies, State Fish and
Game, Fish and Wildlife and State Dam Safety, with a Dam Safety Permit for the project. All
erosion control measures will be in place with the first grading of anything in the area.
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PUBUC HEARINGS: (Continued)
Planning Director Michael Holzmiller explained that the Habitat Management Plan is in draft form
at this time, and finalization has been slowed down at the request of some of the agencies and
environmental organizations to allow the regional plan to get farther along in the process. The
Plan is approximately a year away from being finalized. He stated there is a complete inventory
of the habitat in the City.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:48
p.m.
ACTION: On motion by Mayor Pro Tern Nygaard, Council directed the City Attorney to
prepare documents approving the Tentative Tract Map for Rancho Carrillo
Villages "L", "M", "N", "Q", "R" and "T - CT 93-4; and
Council directed the City Attorney to prepare documents approving the Tentative
Tract Map and Planned Development Permit for Rancho Carrillo Village "0" - CT
93-8IPUD 93-7; and
Council directed the City Attorney to prepare documents approving the Tentative
Tract Map, Planned Development Permit and Site Development Plan for Rancho
Carrillo Villages "F", "GI' and "P" - CT 93-7IPUD 93-6 and SDP 94-1.
AYES: Lewis, Nygaard, Finnila and Hall
RECESS:
Mayor Lewis declared a recess at 750 p.m., and Council re-convened at 759 p.m., with four Council
Members present and Council Member Kulchin absent.
PRESENTATION:
Steve Scott, representing Elite Racing, thanked the Council for their support of the Carlsbad 5000, stating
this is the tenth year for the race and it is the largest running event in San Diego County and largest in
the country in the number of people participating.
PUBUC HEARINGS: (Continued)
9. AB #13,052 - AVIARA MASTER PLAN AMENDMENT - MP 177(J1.
Mayor Lewis opened the duly noticed Public Hearing at 8:lO p.m., and issued the invitation to
speak.
Larry Clemens, Hillman Properties, 2011 Palomar Airport Road, Suite 206, stated the applicant
concurs with the staff and Planning Commission recommendation, and he requested approval.
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PUBLIC HEARINGS: (Continued)
Dolores Welty, 2076 Sheridan Road, Leucadia, asked the Council not to approve the height
increase. She stated the Coastal Commission had hoped to give this area to the people as a
park, but they did not succeed. The area is extremely visible from the south due to the 25 feet
of fill, and Ms. Welty stated she registered her opposition and also that of the Friends of the
Batiquitos Lagoon to the height increase.
Larry Clemens, speaking in rebuttal, stated that it was the Coastal Commission staff that wanted
this land for a park area, and the Coastal Commission determined this was not a suitable park
area. The Commission determined this could be a residential area and the park could be located
in the northern part of the Master Plan.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:18
p.m.
Note was made of a letter dated March 6, 1995, from Mr. and Mrs. Norton in opposition to the
matter and entered into the record. (Copy of which is on file in the City Clerk’s Office.)
Planning Director Michael Holzmiller stated the community park site is in the northern part of the
Master Plan area, Zone 19, and the Parks and Recreation Commission and City Council agreed
this should be the park to serve this portion of the City. When the Master Plan went to the
Coastal Commission, their staff wanted to set aside a park site in this area and the City indicated
to the Commission that a location for a park had already been approved. Mr. Holzmiller stated
that the Coastal Commission agreed with the site the City had approved. Two park sites have
been approved for community parks; Poinsettia and one in this Master Plan. With those two sites,
the standards are met for this quadrant.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95
30 feet in height in Aviara Planning Area 28, within Phase II of the Aviara Master
Plan.
- 53, approving a Master Plan text amendment (MP 177 (J)) to allow homes up to
AYES: Lewis, Nygaard, Finnila and Hall
20 10. AB #13,053 - REPORT ON STATUS OF PUBLIC NUISANCE AND ORDER OF ABATEMENT.
Staff reported that the owner had completed the removal of trash, debris and appliances.
Therefore, staff recommended filing the matter.
ACTION: On motion by Mayor Lewis, Council accepted the report and filed the matter.
AYES: Lewis, Nygaard, Finnila and Hall
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 8:22 p.m., and re-convened at 8:55 p.m., with four
Council Members present and Council Member Kulchin absent.
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DEPARTMENTAL AND CITY MANAGER REPORTS:
28 11. AB #13,054 - COMMUNITY ACTIVITY FUNDING PANEL RECOMMENDATION.
Cathy Boyle, 2240 Nob Hill Drive, representing the Carlsbad Children’s Museum, expressed her
disappointment in being denied any funds for the third year in a row. She gave a brief update
on activities at the Children’s Museum and stated they had more than 18,000 visitors the first year
of operation.
Cindy Barnes, 3988 Syme Drive, representing the Carlsbad Children’s Museum, stated they could
use money to touch the future of all the families in Carlsbad and that it is time to endorse the
Children’s Museum.
Frank Anthony Sorino, 3528 Madison, representing Join Hands-Save a Life, stated there are over
500 children in this program and they target the children and families most in need in the
community. He stated there is a need to expand the program and expressed his disappointment
at receiving no funds this year.
Christine Whitworth, 2417 Ocean View Drive, Oceanside, representing YMCA Oz North Coast,
thanked the City for the $10,000 funding recommendation, and stated the money will be used for
operating expenses and funding the outreach program.
Council agreed that a subcommittee composed of Mayor Pro Tem Nygaard and Council Member
Finnila will review the process, as contained in Council Policy No. 51, and return with any
recommended changes. Included in the considerations would be a review of the feasibility of
channeling future money as seed money to create a Community Endowment Fund.
ACTION: Mayor Lewis made a motion to set aside $12,000 from the General Fund to assist
the Join Hands-Save a Life Program. The motion failed due to the lack of a
majority.
AYES: Lewis and Hall
NOES: Nygaard and Finnila
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 54, accepting the recommendation of the Community Activity Review Panel and
allocating General Funds to the organizations identified.
AYES: Lewis, Nygaard and Finnila
NOES: Hall
24 12. AB #13,055 - GUIDELINES FOR INTERIM PROCESSING OF PROJECTS WITH HABITATIMPACTS.
This item was withdrawn from the Agenda and returned to staff.
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March 7, 1995 CITY COUNCIL Page 8
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 March 7, 1995, was adjourned at 9:45 p.m.
Respectfully submitted, 0-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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