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HomeMy WebLinkAbout1995-12-12; City Council; Minutes (2)I 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 12,1995 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Ci Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:07 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Item #3 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 and #2, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 39 1. AB #13,433 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of October 31, 1995. 99 2. AB #13,434 - APPROVAL OF AGREEMENT TO PAY FAIR SHARE COST FOR CANNON ROAD 45 WEST - CT 85-24, UNIT NO. 5. Council adopted RESOLUTION NO. 95-350, approving an agreement with Upland Industries, Inc., to pay the fair share of the cost of the Cannon Road West extension from Car Country Drive to El Camino Real; and authorizing release of bonds for a sewer lift station. ITEM REMOVED FROM THE CONSENT CALENDAR: 63 3. AB #13,435 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Mayor Lewis requested an amendment to the Resolution to enable the City Manager to authorize the attendance of a second person at this conference. &33 0 0 December 12, 1995 CITY COUNCIL Page 2 ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 95- 351, authorizing the Library Director to travel to Portland, Oregon, to attend the Sixth National Conference of the Public Library Association, March 26 - 30, 1996; as amended to include the ability to send an additional person, if necessary. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCES FOR ADOPTION: 28 Green 114 4. AB #13,419 - VILLAGE MASTER PIAN AND DESIGN MANUAL - ZC 95-1O/MCA 95-1. Mayor Pro Tern Nygaard stated she had reviewed the previous action on this item and felt competent to vote on the matter. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS- 330, amending Title 2 and Title 21, Chapters 2.24, 2.26, 21.35, 21.41 AND 21.81 of the Carlsbad Municipal Code to ensure consistency with the new Village Master Plan and Design Manual to be adopted by the City of Carlsbad. AYES: Lewis, Nygaard, Kulchin and Finnila ABSTAIN: Hall Green 5. 114 77 AB #13,438 - CARLSBAD BY THE SEA LUTHERAN HOME - LCPA 95-7/RP 94-6/CDP 94-6/CDP 94-6PCA 95-1 2. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- - 340, amending Title 21, Chapter 21.35 of the Carlsbad Municipal Code by amending Section 21.35.020 to incorporate LCPA 95-7, which amends the V-R Local Coastal Program Segment. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Richard Yoder, 7738 Madrilena, read from a statement dated December 12, 1995, (copy of which is on file in the City Clerk's Office) stating that untrue assertions were made on December 5, 1995, at the City Council Meeting with regard to the Green Valley initiative. He stated the initiative shall provide a minimum of 25 acres of active open space which shall not be construed to be limited only to public park uses, but could include a possible site for a community library, small amphitheater, commercial agricultural use or a public cultural artsflestival center". He asked that the untrue assertions be refuted by an official public acknowledgment. Fred Barge, 201 1 Escenico Terrace, read a letter written by Ben Smith, 3017 Azahar Court, Carlsbad, addressed to the Planning Commission, Mayor, City Council and Administration of the City, dated December 12, 1995 (copy on file in the City Clerk's Office) stating the right of citizens to petition a City on a matter is one of society's oldest political rights, and stating that a plan that is acceptable to the citizens has not been presented for the Green Valley development. 287 e 0 December 12, 1995 CITY COUNCIL Page 3 PUBLIC COMMENT: (Continued) Mayor Lewis stated his concern regarding comments he received from citizens who had signed the Green Valley initiative as they were told it would provide a library, cultural center and parks. He stated that some of the people who gathered signatures stated these things, and that is why he feels it is very important for he and Mayor Pro Tem Nygaard to write a ballot statement to make certain the voters know exactly what they will be voting for. Mayor Lewis stated he realizes the right of initiative and supports that right; but does not believe initiatives should be used to control land use. PUBLIC HEARING: 43 6. AB #13,436 - SAINT FRANCIS COURT - CUP 90-15(A). Mayor Lewis opened the duly noticed Public Hearing at 6:28 p.m., and issued the invitation to speak. Nick Banche, Attorney, 810 Mission Avenue, Suite 200, Oceanside, addressed Council representing Barbara Lange and Mary Steiger, applicants, stating that this project had received approval by the Council in the summer of 1993. He said that the project has been reduced to two stories and the setback complies with requirements, making it more compatible with the neighboring single family homes. Mr. Banche stated that delays on this project were a result of the recession in the real estate market. He stated that the applicants now have a land lease with the Earl Corporation, and an application filed with the State of California for credit for senior housing, and that this would be the first affordable senior housing in that quadrant. Mr. Banche stated that the Planning Commission only recommended the extension of the CUP until 1996, and with the work to be done on the financing, he requested an extension until August 1997, as long as an active application exists. He suggested that the application could be monitored by staff to ensure it is proceeding. John Kraptman, Vice President, Earl Corporation, 140 Encinitas Boulevard, Encinitas, stated they have been working with the applicants almost two years, and senior housing projects have not previous been getting any allocations. He said that in October of this year, the rules were changed and funding was set aside for senior housing projects, with the TCAC (Tax Credit Allocation Committee). Mr. Kraptman said Bank of America is their bank and committed to the financing of this project and California Lutheran Homes is involved in the project as owner/operator. He said the project is now affordable to more people than originally proposed-- with 100 percent affordability and no market units. He said there will be 70 units instead of 76, as they eliminated the studios that were originally planned, to qualify for TCAC funding. Mr. Kraptman reiterated Mr. Banche’s request for extending the CUP to August 1997. David McMann, 2401 Buena Vista Circle, stated that evidently a lot of work has been done since the Planning Commission meeting that should have been done before. He said that extending the CUP for more than one year sends a bad message. Mr. McMann stated the neighbors are concerned about the mass of the structure in the midst of single family homes. He also stated that there should be a plan to convert back to market rate units in the event the project becomes financially not feasible. 2 86 0 0 December 12, 1995 CITY COUNCIL Page 4 PUBLIC HEARING: (Continued) Diedre Knowlton, 2430 Buena Vista Circle, referenced a petition she had presented and stated that because a project meets the minimum requirements, that does not necessarily mean that it is a good project. She stated that her property will be impacted by this project, as they will be walled in with a very large structure--there will be no sunlight and the tenants there will be able to look right into her home. Nick Banche spoke in rebuttal, stating that the issue here tonight is whether or not the CUP should be extended. He said that the new information heard tonight has just become available and that he was simply suggesting that the project be monitored by the Housing and Redevelopment Director or the City Manager, to determine whether it is a working application. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 650 p.m. In reply to Council query, City Attorney Ron Ball stated that if the project has been reduced from 76 units to 70 units, the changes may need to be reviewed by the Planning Commission and the City Council. In response to Council inquiry, Mr. Kraptman stated they submitted an application to the TCAC for 70 units, and that if approval is not received their application to the State for funding will be nullified and not eligible for consideration in December, 1995. He reiterated their belief that the 70 unit plan in substantial conformance with the conditional use permit. Council discussed whether to extend the CUP one year from tonight or to extend the CUP two years, as requested, and whether the project should be reviewed again, due to the change in the number of units. Council Member Hall stated he could not support the request for an extension. Council Members Finnila and Kulchin supported granting a two-year extension to August 1997, providing that the project is monitored by staff to make sure that the application is active. Mayor Pro Tem Nygaard concurred, and added there should be a one-page monthly report to the Council. Mayor Lewis stated he felt the project has problems, and should be monitored. He said if the project stops, the matter should be returned to Council at that time. He suggested the matter be referred to the City Attorney to draft documents with the conditions stated by Council. ACTION: On motion by Mayor Pro Tem Nygaard, Council referred the matter to the City Attorney to prepare documents of approval per Council comments. AYES: Lewis, Nygaard, Kulchin and Finnila NOES: Hall .2?- 8 5 0 0 December 12, 1995 CITY COUNCIL Page 5 HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:ll p.m., and re-convened at 8:31 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 85 7. AB #13,437 - APPROVAL OF FIVE YEAR ECONOMIC DEVELOPMENT STRATEGIC PLAN. Hope Wrisley, 2080 Basswood Avenue, stated the Chamber of Commerce has been urging such an action for a number of years. She said that through the Chamber's Carlsbad Economic Enhancement Council, new businesses have been attracted to this community. She said she has done individual research on firms wanting information on Carlsbad, and that it would be a shame if the City did not take advantage of their expertise in this field. Ms. Wrisley stated she hoped there is a time line for this plan and that it is more than just a plan, as there is a need to actively proceed with this matter. Council Member Finnila suggested an addition to the wording on Pqge 18, under Five-Year Action Plan, #2, to state: "and will welcome them with a visit". Council Member Finnila suggested a change on Page 19, under #5, to add: "to utilize the Internet". ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 353, approving the City of Carlsbad Economic Development Strategic Plan. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Employee Service Pin and Holiday Breakfast at Pea Soup Andersen's Restaurant, Thursday, December 14, 1995, at 7:OO a.m. The Community Services Department Holiday Dinner at the Carlsbad Senior Center, Monday, December 18, 1995, at 6:OO p.m. Mayor Lewis also announced that some Council Members may attend the Planning Commission Meeting tomorrow night, December 13,1995, at 6:OO p.m., at the Safety Center for the hearing on the Green Valley Master Plan. COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. J84 e 0 December 12,1995 CITY COUNCIL Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of December 12, 1995, was adjourned at 855 p.m. Respectfully submitted, &ek Assistant City Harriett Babbitt Minutes Clerk 283