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Home My WebLink About1990-12-11; City Council; Minutes (2)0 e MINUTES -b I 1 I i > 3 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 11, 1990 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: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent : None. CONSENT CjlLENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT! READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #10,933 - PURCHASE OF PASSENGER BUS. Council adopted RESOLUTION NO. 90-424, awarding a bid in the amount of $42,891.42, for the purchase of a passenger bus for the Carlsbad Senior Program, to United Bus Corporation. 2. AB #10,934 - ACCEPTANCE OF IMPROVEMENTS FOR TRAFFIC SIGNALS AT CHESTNUT AVENUE/MONROE STREET AND CARLSBAD BOULEVARD/CEREZO DRIVE - PROJECT NOS. 3318 AND 3333. Council adopted RESOLUTION NO. 90-425, accepting the traffic signals at the intersections of Chestnut Avenue/Monroe Street and Carlsbad Boulevard/Cerezo Drive as complete and directing the City Clerk to record the Notice of Completion and release bonds in accordance with State Law and City Ordinances. COUNCIL I\\ % %% 3 MEMBERS % %% Lewis X Nygaard X Stanton X Larson xx Kulchin X 3. AB #10,935 - AWARD FOR LANDSCAPE MEDIAN MAINTENANCE. Council adopted RESOLUTION NO. 90-426, awarding the annual contract for Landscape Median Maintenance to New Way Landscape Maintenance, Inc., with the option to renew for three additional one-year periods. 4. AB #10,936 - ADDITIONAL APPROPRIATION FOR THE AGUA HEDIONDA SEWAGE PUMP STATION - PROJECT NO. 3303. Council adopted RESOLUTION NO. 90-427, appropriating additional funds in the amount of $25,000 for engineering and inspection services for the Agua Hedionda Sewage Pump Station improvements. 343 b r 1 1 3 5 3 0 0 MINUTES December 11, 1990 Page 2 CONSENT CALENDAR: ( Continued ) 5. AB #10,937 - ACCEPTANCE OF COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES - MS 833. Council adopted RESOLUTION NO. 90-4248, accepting a Covenant for Easement for drainage purposes over a portion of Lot 1 of MS 833 from Mark Packard, Bonnie Packard, Garth Packard and Cheryl Packard, and directing the City Clerk to record the Covenant for Easement. PUBLIC COMMENT: There were no requests to address Council at this time. PUBLIC HEARINGS: 6. AB #10,896 - APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT - SDP 80-3(A)/SUP 90-2 - DANIELS CABLEVISION EXPANSION. Mayor Lewis opened the duly-noticed Public Hearing at 6:09 p.m., and issued the invitation to speak. Donald Mueller, A.I.A., Laguna Niguel, Architect for this project, stated Daniels Cablevision had appealed the two conditions in the Planning Commission Resolution which deleted their vehicular access rights to El Camino Real. Phil Urbina, Director of Community Relations, Daniels Cablevision, spoke in favor of the appeal. Since no one else wished to speak on this matter, the Public Hearing was closed at 6:20 p.m. Council directed the City Attorney to return with documents denying the appeal and upholding the Planning Commission's conditions in approving SDP 80-3(A) and SUP 90-2. 7. AB #10,938 - APPLICATION FOR 79 LOTj72 SINGLE FAMILY UNIT PROJECT - EIR 89-1/ZC 89-6/CT 89- 19/SDP 89-7/HDP 89-37 - BROCCATO. Staff distributed a memorandum, dated December 11, 1990, from the Planning Department recommending that Planning Commission Resolution No. 3110, for CT 89-19, be amended as follows: Modify Condition No. 26 in Attachment "A" to eliminate "and wetland buffer", revised condition to read as follows: 26. Prior to the issuance of any building permit, the applicant shall submit evidence satisfactory to the Planning Director that an offer of dedication of the wetland has been made to the State Lands Commission. 342-44 COUNCIL /\k % ?k% 5 MEMBERS % $% Lewis xx Kulchin X X Nygaard X Stanton X Larson A 8 0 0 MINUTES December 11, 1990 Page 3 PUBLIC HEARINGS : (Continued) On Page 12 of Planning Commission Resolution No. 3110, add the heading "Growth Management", and Condition No. .92, to read as follows: 92. Approval of this subdivision map is contingent upon the provision of adequate public facilities to satisfy the Public Facilities Element of the General Plan. At this time a Mello Roos Community Facilities District is proposed to finance the construction of several Citywide facilities necessary to serve new development. If the Mello-Roos Community Facilities District is not formed, or if the Community Facilities District is formed but the-subject properties are not participants within that District, the required General Plan Consistency finding cannot be made. No discretionary approvals, Building Permits, Grading Permits, Final Maps, or development permits will be issued or approved unless an alternate financing mechanism is provided by the developer and approved by the City Council to finance the facilities legally applicable Zone 19 that would have been or are included in the Community Facilities District. Council Member Larson suggested signage be required in the public parking area to ensure people are aware that the area is not to be used for visitor or RV parking. Mayor Lewis opened the duly-noticed Public Hearing at 6:47 p.m., and issued the invitation to speak. Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, representing Odmark tG Thelan, asked for approval of the project. John Thelan, 1010 University Avenue, San Diego, Odmark & Thelan, requested changes in the newly proposed Condition 92, and presented the City Clerk with a copy of their requested changes. Cindy Ward, 937 Begonia Court, spoke in support of the project. Don Connors, 921 Begonia Court, spoke in favor of the project. Mona Reisons, 7402 Lantana, Seacliff, spoke in favor of the project. Audrey Lyon, 915 Begonia Court, spoke in favor of the project. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:Ol p.m. d OYl - sp6, MEMBERS COUNCIL \\ ?&?$%%+ Z. 8 Z. t$ 0 0 MINUTES December 11, 1990 Page 4 PUBLIC HEARINGS: (Continued) Mayor Lewis stated a letter dated December 11, 1990, had been received from Terrell Watt, representing Project Future, in opposition to the project . By consensus, Council continued the item one week to allow staff an opportunity to finalize the conditions. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:05 p.m., and re-convened at 7:38 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #10,942 - INVESTIGATION OF ALTERNATIVE LOCATIONS FOR THE EMERGENCY SHELTER PROGRAM. Dennis Meehan, 3981 Gloria Lane, representing Caring Residents of Carlsbad, stated they intend to move forward on the Green Valley site and other sites in Carlsbad or nearby for the emergency shelter. Mayor Lewis stated he would not support locating the project on public land. A motion was made and seconded to adopt Resolution No. 90-437. A motion was made to amend the original motion to include both public and private lands in their consideration of a site for the emergency shelter. Council adopted the following Resolution: RESOLUTION NO. 90-437, directing staff to investigate alternative locations for the emergency shelter project, and assist Caring Residents of Carlsbad in soliciting offers from local landowners. 9. AB #10,939 - ACCEPTANCE OF A PARTNERSHIPS FOR CHANGE GRANT FROM THE CALIFORNIA STATE LIBRARY. Council adopted the following Resolution: RESOLUTION NO. 90-429, accepting a Partnerships for Change Grant from the California State Library. By consensus, Council directed staff to return with documents creating an eleven-member Advisory Committee comprised of seven members to be from the Hispanic Community; three from the community-at- large; and one Library Board of Trustees Member. 3qu I COUNCIL /\b % %$ $ MEMBERS % %% Kulchin X Lewis Kulchin X Nygaard X Stanton xx Larson x Lewis X Kulchin xx Larson X Stanton X Nygaard X Lewis X Nygaard xx Stanton X Larson X Kulchin X A $ I 7 0 0 MINUTES December 11, 1990 Page 5 RECESS : Mayor Lewis declared a recess at 8:18 p.m., and Council re-convened at 8:27 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 10. AB #10,940 - GROWTH MANAGEMENT FINANCING PROGRAM COMMUNITY FACILITIES DISTRICT NO. 1. Norm Nyhagen, 3445 Ann Drive, spoke in opposition to the Community Facilities District. Margaret Bonas, 231 Olive Avenue, spoke in opposition to the formation of the Community Facilities District. Marshall Eichenauer, 505 North Tustin Avenue, Santa Ana, representing Brighton Homes, spoke in favor of the Community Facilities District. Bret Vedder, 6336 Greenwich Drive #F, San Diego, representing the Construction Industry Federation, presented a letter to Council dated December 11, 1990, in favor of the Community Facilities District, and read same. Thomas Smith, 2342 Coringa Way, spoke in opposition to the Community Facilities District. Council adopted the following Resolutions: (one mot ion ) RESOLUTION NO. 90-430, making appointments in a Community Facilities District. RESOLUTION NO. 90-431, adopting boundary map showing properties and land to be served by certain public capital facilities in a Community Facilities District. RESOLUTION NO. 90-432, declaring its intention to establish a Community Facilities District and to levy a special tax to pay for certain public facilities within said Community Facilities District. RESOLUTION NO. 90-433, ordering and directing the preparation of a "Report" for a Community Facilities District. RESOLUTION NO. 90-434, declaring intention to issue bonds secured by special taxes to pay for certain facilities in a Community Facilities District. RESOLUTION NO. 90-435, approving a Negative Declaration for the Citywide Mello-Roos District/Community Facilities District. 33 9 7 COUNCIL /\I\ % %% % MEMBERS % $% $ Lewis Larson xx Kulchin X X Nygaard X Stanton X 0 0 MINUTES December 11, 1990 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Item #14 was taken out of order at this time. 14. AB #10,944 - APPOINTMENT OF ADDITIONAL MEMBER TO THE LAKE CALAVERA GOLF COURSE STEERING COMMITTEE. Tom Erwin, 7703 Garboso Place, spoke in favor of appointing John Mamaux to the Golf Course Steering Committee. Charles Skiff, 375 Acacia, spoke in favor of Mr. Mamaux's appointment. Dr. David Castner, 1550 Sunrise Circle, spoke in favor of Mr. Mamaux's appointment. Rocky Gonzales, 2711 Flower Fields Way, spoke in favor of Mr. Mamaux's appointment. Anna Knox, 1860 Highridge Avenue, spoke in favor of the appointment of Mr. Mamaux to the Steering Committee. Jack Schumaker, 7217 San Miguel, spoke in favor of Mr. Mamaux's appointment. Thomas Smith, 2342 Coringa Way, spoke in opposition to Mr. Mamaux's appointment. Margaret Bonas, 231 Olive Avenue, spoke in opposition to Mr. Mamaux's appointment. Jim Smith, 7222, San Bartolo, representing the Carlsbad Golf Association, spoke in favor of Mr. Mamaux's appointment. Kim Welshons, 2121 Placido Court, spoke in favor of Mr. Mamaux's appointment. Dennis Meehan, 3981 Gloria Lane, spoke in favor of Mr. Mamaux's appointment. Mayor Lewis appointed Council Member Larson as Council Liaison to the Committee, and Council adopted the following Resolution: RESOLUTION NO. 90-439, appointing John Mamaux to the Lake Calavera Golf Course Steering Committee. Council liaison. Item #13 was taken out of order at this time. 13. AB #lo, 943 - APPLICATION FOR GRANT FROM THE CALIFORNIA LIBRARY SERVICES ACT LITERACY FUNDS. Council adopted the following Resolution: RESOLUTION NO. 90-438, approving application for a grant from the California Library Services Act Literacy Funds. 33s - COUNCIL /\I\ %%&%+ MEMBERS 2. 6 2. 8 Lewis X Nygaard X Stanton xx Larson X Kulchin X Lewis xx Nygaard X Stanton X Larson X Kulchin X Q m MINUTES December 11, 1990 Page 7 7 3 7 3 3 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 11. AB #10,920 - EVALUATION OF COUNTY SOLID WSTE TRANSFER STATION SITING STUDY. This item was continued. 12. AB #10,941 - VOTING PROCEDURES FOR THE PLANNING COMMISSION FOR RECOMMENDATIONS TO THE CITY COUNCIL FOR GENERAL PLAN AMENDMENTS. This item was continued. 13. (See page 6) 14. (See page 6) COUNCIL REPORTS: Due to the late hour, Council Reports were continued. ADJOURNMENT: By proper motion, the Meeting of December 11, 1990, was adjourned at 10:18 p.m. Respectfully submitted, ALETHA * L. RAUTENKRANZ 46- City Clerk I Harriett Babbitt Minutes Clerk 339 - S% MEMBERS COUNCIL \\ %?$x%* .St. tp * tj