HomeMy WebLinkAbout1994-01-25; City Council; Minutes0 0
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MINUTES
MEmNG OF: CITY COUNCIL (Regular Meeting)
DATE OF MEHlNG: January 25,1994
TIME OF MEETING: 6:OO p.m- PIACE OF MEHlNG: Ci Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis.
Absent: None.
PRESENTATION:
Sharon White, representing the Carlsbad Youth Theatre, sponsored by the Patrons of the Arts Foundation,
introduced seven students who will be performing in the upcoming production of "Joseph and the
Amazing Technicolor Dreamcoat" at the Cultural Arts Center February 3 - 13, 1994.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Stanton, Council approved the following Minutes, as presented:
Minutes of the Special Meeting held January 11 l 1994.
Minutes of the Regular Meeting held January 11, 1994.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
CONSENT CALENDAR:
Council Member Nygaard requested Item #3 be removed from the Consent Calendar.
. ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the
action of the Consent Calendar, Items 1 through 7, with the
exception of Item #3, as follows:
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
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January 25, 1994 Page 2
CONSENT CALENDAR: (Continued)
1. AB #12,559 - ACCEPTANCE OF 1991 -92 STREETS SLURRY SEAL PROGRAM - CONTRACT NO.
U/M 93-4.
Council accepted the 1991 -92 Streets Slurry Seal as complete, authorized the City Clerk to record
the Notice of Completion, and authorized release of retention funds and bonds in accordance with
State law and City ordinances.
2. AB #12,560 - ACCEPTANCE OF 1992-93 PAVEMENT OVERLAY PROGRAM - CONTRACT NO.
U/M 93-1.
Council accepted the 1992-93 Pavement Overlay as complete, authorized the City Clerk to record
the Notice of Completion, and authorized the release of retention funds and bonds in accordance
with State Law and City ordinances.
3. AB #12,561 - SETLEMENT OF LAWSUIT ENTITLED CARLSBAD V. COUNTY OF SAN DIEGO,
CASE NO. 667609.
This item was removed from the Consent Calendar.
4. AB #12,562 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANTS.
Council adopted RESOLUTION NO. 9432, accepting California Arts Council grants in the amount
of $1,670, and appropriating funds for visiting artists’ performances, Make*A*Circus and the Alma
Duo.
5. AB #12,568 - ANNUAL REVIEW OF CITY INVESTMENT POLICY.
Council adopted RESOLUTION NO. 9433, adopting the City’s current Investment Policy.
6. AB #12,563 - POTENTIAL FEDERAL FUNDING PROJECT LIST.
Council approved project priorities and authorized the City Manager to submit the list of projects
to the Congressional Delegation for consideration for potential Federal funding.
7. AB #12,566 - APPROVAL OF AGREEMENT FOR SAFETY SERVICES CONSULTANT.
1 Council adopted RESOLUTION NO. 94-34, approving an agreement with Crawford & Company
for provision of safety consulting services.
EM REMOVED FROM THE CONSENT CALENDAR:
L 3. AB #12,561 - SETTLEMENT OF LAWSUIT ENTITLED CARLSBAD V. COUNTY OF SAN DIEGO,
) CASE NO. 667609.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94-
- 31, authorizing the settlement of the lawsuit entitled Carlsbad v. County of San Diego Case No. 667609.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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ORDINANCE FOR ADOPTION:
53 8. AB #12,564 - ADOPTION OF ORDINANCE EXTENDING THE FRANCHISE OF DANIELS
CABLEVISION.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- - 268, amending Title 5 of the Carlsbad Municipal Code by amending Section 5.28.050; and to amend Section 5.28.040(a) to increase the annual franchise fee
to five percent.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
PUBUC HEARING:
113 9. AB #12,565 - MP 177(G)GPA 93-6/LCPA 92-1/CT 92-3/HDP 92-4 - AVIARA PHASE 111. 99
57 Council expressed concern about access from "The Villas" to the future park and school sites
77 through this development.
Mayor Lewis opened the duly noticed Public Hearing at 656 p.m., and issued the invitation to
speak.
Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, supported staffs recommendation.
He stated they have agreed to grant a 30-foot temporary access during construction, but they
could not agree to a 30-foot permanent easement. He concluded, stating they would agree to
a temporary access while the trail alignment is studied.
Ronald McKinney, 6525 El Camino Real, stated the plants in their greenhouses have different life
spans, with some of them five years, down to six months. Since staffs proposed alignment of
Poinsettia takes off a corner of their greenhouse, they need to have some sort of final alignment
for Poinsettia Lane so they can plan their future at the nursery. Mr. McKinney stated that he didn't
receive a ten-day notice of this hearing; however, he had sufficient time to gather all the
information, so he did not need a continuance.
Dan Downing, 7254 Mimosa Drive, said in order to have a happier project that would reflect the
Carlsbad ideal, he would suggest building houses with the garages in the rear and front porches
instead of building houses that resemble storage sheds. He said that the landscaping should be
deep-rooted native California plants to prevent fires and erosion.
Jack Henthorn, 5431 Avenida Encina, Suite G, stated the northern alignment of Poinsettia Lane
would be the best solution for access and asked for Council to accept staffs recommendation.
He asked for approval of the project as conditioned.
Gregory Saska, 6701 El Camino Real, would like Aviara to explore as many alternatives as
possible for Poinsettia Lane to avoid creating a situation unacceptable to the living environment
in his home.
Conrad Towelski, representing DeYong properties, 5960 El Camino Real, spoke in support of
staffs recommendation for the alignment of Poinsettia Lane.
Bob Wineteer, representing Ocean Bluff Partnership, 4370 La JollaVillage Drive, Suite 790, agreed
with the alignment recommended by staff.
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PUBUC HEARING: (Continued)
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
7:20 p.m.
ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to
prepare documents approving the Mitigated Negative Declaration, MP 177(G),
GPA 93-06, LCPA 92-01, CT 92-03, and HDP 92-04; with an additional condition
requiring a 30-foot temporary access easement while the trail is being studied;
and introduced ORDINANCE NO. NS-269, adopting the Aviara Phase 111 Master
Plan Amendment located in the Southwest Quadrant of the City in Local Facilities
Management Plan Zone 19.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
RECESS:
Mayor Lewis declared a Recess at 7:22 p.m., and Council re-convened at 7:30 p.m., with all Members
present.
PUBUC COMMENT:
There were no requests to address Council on a non-agenda item.
DEPARTMENTAL AND CrrY MANAGER REPORTS:
48 10. AB #12,567 - BALLOT MEASURE REGARDING LEG0 FAMILY PARK.
Mayor Lewis requested Ellen Spellman, 550 West C Street, representing Leg0 World, read a letter
dated January 24, 1994, from Joe Manna, U. S. Representative for Lego, in its entirely. A copy
of the letter is on file in the City Clerk’s Office, In the letter, Leg0 indicated that if a majority of the
voters reject the project, Leg0 will withdraw their plans for a park in Carlsbad.
Staff read the proposed wording for the advisory measure, as follows:
Shall the City of Carlsbad consider approving a Leg0 Family Park within the Carlsbad Ranch
project located east of 1-5, north of Palomar Airport Road, and south of Cannon Road, provided
that the project shall fully comply with the City’s Growth Management Plan, all land use
processing and environmental review requirements are met, and provided further that any future
proposal for another theme park in the City would require a subsequent, affirmative vote of the
citizens.
Hope Wrisley, 2080 Basswood Avenue, reiterated her belief that City planning by plebiscite is a
poor use of municipal resources. If there is to be an election on this matter, she favored placing
the matter on the June 1994 ballot.
Karen Ireland, 4025 Crescent Point Road, referenced a letter from Elaine Lyttleton, President of
the Carlsbad Chamber of Commerce, copy of which was given to the City Clerk, in opposition to
placing the matter on the ballot.
Cecilia Sawyer, 4070 Adams Street, requested the vote occur in November, and that the vote be
binding rather than advisory.
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DEPARTMENTAL AND CITY MANAGER REPORTS:
Bob Ladwig, 2642 Ocean Street, agreed this is not the proper way to do land use planning. He
suggested that the location map included with the ballot show the access to the Leg0 site.
Jim Young, 3951 Park Drive, asked for a binding vote. He also requested a written set of
circumstances under which Council would feel they could proceed with the project against the
will of the majority.
Geoff Bell, 3686 Highland Drive, stated he applauded Leg0 for their letter, and asked for short and
simple wording on the ballot measure, such as,"Do you want a Leg0 Park in Carlsbad?" He said
the sentence about future proposals for a theme park was confusing and should not be included.
Mr. Bell requested the measure be placed on the November ballot, as more citizens vote at that
time.
Chris Calkins, 5600 Avenida Encinas, #I 00, representing Carltas Company, suggested changing
the wording, as follows:
Shall the City of Carlsbad consider approving a Leg0 Family Park within the Carlsbad Ranch
project located east of 1-5, north of Palomar Airport Road, and south of Cannon Road, provided
that the project shall:
. Fully comply with the City's Growth Management Plan (including, but not limited to City traffic
standards);
. All Land use processing and environmental review requirements; and;
. There can be only one "theme" park in the City.
Mr. Calkins also suggested that the location map show the access from Cannon Road and show
the entire Carlsbad Ranch project area in relation to the proposed site for the park.
Bill Jubb, 3993 Highland, suggested the ballot measure read: Do you want Lego? He stated he
prefers having this measure on the November ballot, to give the citizens time to hear both sides
of the issue.
Peder Norby, 2630 Valewood Avenue, representing "CARES", stated placing this measure on the
ballot is not in the best interest of the City.
John Earle, 1470 Sunrise Circle, distributed and read a letter to Council in support of a Leg0
Family Park in the City.
Brad Becker, 1938 Swallow Lane, spoke in opposition to a Leg0 Park and suggested holding a
public debate on the matter. He favored having the measure on the November ballot.
Steve Weathers, 701 B Street, Ste. 1850, representing San Diego Economic Corporation, spoke
in favor of a Leg0 Park and told of companies locating in Carlsbad, some because of the possible
addition of the Leg0 Park. He favored a June election.
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January 25, 1994 Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Ellen Spellman, 550 West C Street, San Diego, representing Leg0 World, reiterated Leg0 World’s
position with regard to the advisory vote and stated that Mr. Manna’s letter assured the opponents
of Leg0 that if the vote is negative, Leg0 will withdraw its proposed project. She said that this
would be a family-oriented park that would be compatible with the community and would be a
good neighbor.
Ms. Spellman supported Mr. Calkins’ requested wording and format. She also opposed waiting
until the November election for this measure, and would like for it to be on the June ballot in order
for Leg0 to know as soon as possible whether to go ahead with their plans.
Council Members indicated they would like more detail on the location map to indicate the exact
location of the proposed park and that the flower fields would remain. Staff indicated the map
would be very small and it would be difficult to show too much detail.
City Attorney Ron Ball stated that the location map would need to be referenced in the language
of the measure.
Mayor Pro Tem Stanton stated that the last part of the wording referencing another theme park
should be eliminated. This vote should be on one subject only with no reference to another
theme park.
Council, by consensus, agreed to eliminate the reference to another theme park and use the
format proposed by staff.
Staff was directed to return next week with the wording for the measure for additional
consideration, as follows:
Shall the City of Carlsbad consider approving a Leg0 Family Park within the Carlsbad Ranch
project, located east of 1-5, north of Palomar Airport Road, and south of Cannon Road (as shown
on the location map); provided that the project shall fully comply with the City’s Growth
Management Plan, and all land use processing and environmental review requirements.
ACTION: On motion by Council Member Finnila, Council determined that the Leg0 Family
Park matter would be placed on the June 1994 ballot.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
69 11. AB #12,553 - PARKS AND RECREATION COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 94-26, appointing
William Pieratt to the Parks and Recreation Commission.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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COUNCIL REPORTS:
Council Members reported on the activities and meetings of Committees and Subcommittees of which
they are Members.
ADJOURNMENT:
By proper motion, the Regular Meeting of January 25, 1994, was adjourned at 9:17 p.m.
Respectfully submitted,
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ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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