HomeMy WebLinkAbout1989-05-16; City Council; Minutes+
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MINUTES
Meet i ng of: CITY COUNCIL (Regular Meeting)
Date of Meeting: May 16, 1989
Time of Meeting: 6:OO p.m. Place of Meeting: City Counci 1 Chambers
CALL TO ORDER:
Mayor Lewis ca I led the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as fol lows:
Present: Counci 1 Members Lewis, Ku Ich i n, Pet" i ne,
Mamaux and Larson.
Absent: None.
I NVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Counci I Member Larson.
PRESENTATIONS:
Mayor Lewis read a Proclamation proclaiming May 15-21,
1989, as SAFE KIDS WEEK. The Proclamation was accepted
by David Thompson, Executive Director, San Diego County
Safety Counci I.
Mayor Lewis read a Proclamation proclaiming May 14-20,
1989, as NATIONAL HISTORIC PRESERVATION WEEK. The
Proclamation was accepted by Commissioner Roy
Blackford, Chairman of the Historic Preservation
Commi ss ion.
APPROVAL OF MINUTES: (one motion)
Minutes of the Adjourned Meeting held Apri i 25, 1989,
were approved as presented.
MI nutes of the Regu tar Meeting he1 d Apr i 1 25, 1989,
were approved as presented.
Minutes of the Adjourned Meeting he1 d Apri 1 28, 1989,
were approved as presented.
CONSENT CALENDAR:
Mayor Lewis announced that Counci 1 Member Larson had
requested Item #10 be removed from the Consent
Calendar, and Counci I Member Ku lchin requested I tern #11
be removed.
Council affirmed the action of the Consent Calendar,
with the exception of Item #IO and Item #11 , as
fol lows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
(99) 1 AB #10,019 - ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION - MINOR SUBDIVISION 765.
Council adopted RESOLUTION NO. 89-142, accepting an
of fer of dedication from Edward Prentice, et at, for
a portion of Lot 41, Map 11595, reserved for future
street dedication adjacent to Maria Lane.
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CONSENT CALENDAR: (Continued)
:99 1 2. AB #10,020 - ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES - MINOR SUBDIVISION 770.
Counci i adopted RESOLUTION NO. 89-143, accepting a
Covenant for Easement from Carlsbad Oaks East.
Ltd., for drainage purposes over Parcel A of MS 770
located at Loker Avenue.
/99) 3. AB #10,021 - ACCEPTANCE OF TWO COVENANTS FOR
ESEMENT FOR RECIPROCAL ACCESS AND DRAINAGE PURPOSES - MINOR SUBDIVISION 769.
Counci I adopted RESOLUTION NO. 89-144, accepting
two Covenants for Easement from Carlsbad Oaks East,
Ltd., for reciproca I access and drainage purposes
located at Loker Avenue.
:SI) 4. AB #1O,O22 - QUITCLAIM OF RELINQUISHED AND WAIVED
ACCESS RIGHTS - LOT 4 OF CT 80-1 4 - BLUE LAGOON
E STATES. - - . . . . - - .
Counci I adopted RESOLUTION NO. 89-145, approving
the quitclaim to Richard and Sharon White of
relinquished and waived access rights in and to
Park Dr i ve.
199) 5. AB #10,023 - ACCEPTANCE OF GRANT DEED FOR WATER
MAIN PURPOSES - McMAHAN FURNITURE CORPORATION
HEADQUARTERS - PD 31 6.
Counci 1 adopted RESOLUTION NO. 89-146, accepting a
Grant Deed from McMahan Realty Company for access
to watermain for maintenance and repair. ..
:99) 6. AB #10,024 - ACCEPTANCE OF COVENANT FOR EASEMENT FOR
SEWER AND DRAINAGE PURPOSES - MS 763.
Counci I adopted RESOLUTION NO. 89-147, accepting a
Covenant for Easement from Richard and Sharon White
for sewer and drainage purposes over Parcels 2 and
3 of MS 763 at Park Drive.
:99) 7. AB #10,025 - ACCEPTANCE OF A COVENANT FOR EASEMENT
FOR DRAINAGE PURPOSES - MS 765.
Counci I adopted RESOLUTION NO. 89-148, accepting a
Covenant for Easement from Clarence and Isabel Day
and Edward and Angela Prentice for drainage
purposes over Parcel 2 of MS 765 located at Maria
Lane.
(99) 8. AB #10,026 - ACCEPTANCE OF GRANT DEED FOR STREET
PURPOSES - CT 85-35.
Council adopted RESOLUTION NO. 89-149, accepting a
Grant Deed from Marvin and Margret Porter for
street right-of-way and slope easement purposes
over a portion of Poinsettia Lane.
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CONSENT CALENDAR: (Continued)
9. AB #10,027 - APPROVAL OF PLANS AND SPECIFICATIONS
AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
RESTRIPING OF LA COSTA AVENUE - PORJECT NO. 3319.
Counci I adopted RESOLUTION NO. 89-150, approvlng plans and specifications and authorizing the City
Clerk to advertise for bids for the construction of the La Costa Avenue restripi ng improvements,
Project 33 19.
10. AB #10,028 - NOTICE OF COMPLETION FOR THE
RESTORATION OF THE BUENA VISTA LAGOON ISLANDS -
PROJECT NO. 3258. ~~~ ~ . .
This item was removed from the Consent Calendar.
11. AB #10,029 - DEDICATION OF FIRE STATION #5.
This item was removed from the Consent Calendar.
12. AB #10,030 - DESIGN OF TRAFFIC SIGNAL AND STREET
LIGHT IMPROVEMENTS ON CARLSBAD BOULEVARD.
Council adopted RESOLUTION NO. 89-153, authorizing
appropriation of $75,000 for the des i gn and
construction of a traffic signal system at the
intersection of Car lsbad Bou levard and Cerezo Drive
and for the design and construction of three street
lights on Carlsbad Boulevard between Manzano Drive
and Palomar Airport Road; and
Adopted RESOLUTION NO. 89-154, authorizing
appropriation of $5,000 for the design of a traffic
signal system at the intersection of Carlsbad
Bou levard/P i ne Avenue.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
10. AB #10.028 - NOTICE OF COMPLETION FOR THE
RESTORAT I ON OF THE BUENA VISTA LAGOON ISLANDS -
PROJECT NO. 3258.
Counci I Member Larson stated there had been a lot of
comment about the islands in the Buena Vista Lagoon,
and the restoration of those is lands was now comp lete.
He said the restoration consisted of replacing sand on
the islands to make them a nestlng place for the Least
Terns.
Counci I adopted the fol lowing Resolution:
RESOLUTION NO. 89-1 51 , ACCEPT1 NG THE CONSTRUCT1 ON OF
BUENA VISTA LAGOON ISLAND RESTORATION, PROJECT NO.
3258, AS COMPLETE.
11. AB #10,029 - DEDICATION OF FIRE STATION #5. I
Counci I Member Ku Ich in referenced the recent graduation
ceremony for firemen and commented on the quality of
the City's fire personnel as displayed by a picture
of two Car lsbad Paramedics with a rescued chi 1 d.
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ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
Counci I adopted the fol lowing Resolution:
RESOLUTION NO. 89-152, DEDICATING FIRE STATION NO. 5 TO
THE ClTl ZENS OF CARLSBAD.
PUBLIC COMMENT:
There were no requests to address Counci I.
ORDINANCES FOR ADOPTION:
79) 13. AB #10,014 - ADOPTION OF REVISED FEES FOR CITY
SERV I CES. ~~. ~ ~
Council adopted the following Ordinances and
Resolutions: (one motion)
ORDINANCE NO. NS-68, AMENDING VARIOUS TITLES OF THE
CARLSBAD MUNICIPAL CODE DEALING WITH CITY FEES.
ORDINANCE NO. NS-69, AMEND 1% TITLE 13, CHAPTER 13.12 OF THE CARLSBAD MUN 1 ClPAL CODE BY THE AMENDMENT OF
SECTION 13.12.020 TO ADJUST SEWER SERVICE CHARGES.
RESOLUTION NO. 89-1 39, ESTABL ISH I NG ME FEES FOR
DEVELOPMENT-RELATED CITY SERV ICES.
RESOLUTION NO. 89-1 40, ESTABL ISH I NG THE FEES FOR
GENERAL CITY SERVICES AND UTILITY SERVICE FEES.
PUBLIC HEARING:
113 ) 14. AB #10,031 - AMENDMENT TO MASTER PLAN FOR
BATIQUITOS LAGOON EDUCATIONAL PARK - MP-175 -
SAMM IS.
Marty Orenyak, Community Development Director, gave the
initlal staff report as contained in the Agenda Bil 1.
Gary Wayne continued the report, giving a detailed
report on the proposed trail system and restrictions
whlch wou Id apply to those structures which cou Id be
placed in the rear yards.
Counci I Member Mamaux inquired whether mre trees cou 1 d
be added to the slope to improve the view as peop le
enter Carlsbad from the south.
Mayor Lewis opened the Public Hearing at 6:33 p.m., and
issued the invitation to speak.
Jonathan Del I ing, Project Manager, Sammis Properties,
said the trai I was original ly to be at the base of the
s lope, but the agencies involved determi ned it shou 1 d b
at the top of the slope.
Mr. Del 1 i ng requested the developer give a f inancial
guarantee for the construct ion of th is tral1 rather
than hold up the homeowners until the actual
construction of the trai 1.
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PUBLIC HEARING: (Continued)
Mr. Delling indicated the area for public parking, and
indicated the developer wou Id prefer an area across
Windrose Circle or along Navigator Circle as a possible
location for that parking.
With reference to the trees planted there, Mr. Del I i ng
said the developer has an approved landscape p Ian by the
City and the Coastal Commission and the amount of trees
and types are those approved on those plans. The
homeowners bought those homes in accordance with those
plans and to add additional trees cou Id create potential
conflicts with the homeowners who purchased lots with
the views.
Mr. De I I i ng referred to a letter dated May 15, 1989,
that he sent to Council regarding the fencing on the
trail. He said that fencing was objectionable as its
placement on the southern side was unprecedented and a
visually disturbing request. As to the block wal I, he
felt that was also visually objectionable and
recommended some other method of protection from the
animals or erosion.
Mr. Orenyak stated that the other agencies wanted the
fence on the lagoon side for protection of the bluff
from the habitat and erosion, as it is a sensitive and
dangerous area.
Counci I Member Larson inquired about the color of the
b lock wa 1 1 footing, and staff indicated it cou I d be
an earth-tone color.
Dolores Welty, 2076 Sheridan Road, Leucadia, spoke in
opposition to the amendment, reading from her letter
dated May 16, 1989. She asked for the amendment to be
denied and an environmental impact study to be made.
Mrs. Welty concluded, showing slides of the grading on
the site.
I nez Yoder, 7738 Madr i lena, stated that the bu Ik of
this project cou Id not be escaped and asked whether
that was to be the Car lsbad to come. She objected to
any further intrusion in the view space or open
spaces, as that 45 foot setback was meant to be a
buffer zone to protect the natural sensitive area.
Mrs. Yoder asked Counci I to deny the application for
structures in Carlsbad open spaces.
Larry Adams, Rosa I i na property, Educat iona I Park,
stated he lives on the bluff and has a concern about
his backyard. If the homeowners are unable to place
anything in their yards, it would be mre of an
eyesore. He asked Counci 1 to make a decision tonight
and not delay this matter any longer. Mr. Adams
suggested placing the public parking across from the
open space area.
In answer to query regarding planting trees on the
slope, Mr. Adams stated he purchased a home with a view
and wou Id not want to lose that to trees.
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PUBLIC HEARING: (Continued)
John K irch, 3710 Ferngreen Road, spoke on behalf of
Margaret Tomlinson, in opposition to the placement of
the trai I. He said this trai I as proposed wou Id cut
across the back one-th ird of Ms. Tom1 i nson's lot,
denying her the use of the rear portion of her yard.
He sai d that on Lots 2 through 6, the trai I is not at
the back of the lot, as those lots are much longer than
45 feet.
Gary Wayne exp la i ned the misunderstand i ngs on the
trai I, stating that it is at the rear of that 45-foot
setback, with ten lots having just that much
footage. There are a number of other lots that have 70
to 80 feet of yard between the structure and the
natural bluff edge. The trail will go on the natural
bluff edge. There is a pub tic access easement for the
trail easement and an open space easement over the
natural bluffs, with ndhing ai lowed there.
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Mr. Wayne said the trail would not bisect Ms.
Tomlinson's property.
Don Samrnis, 7567 Navagator Circle, stated he wou Id
agree that trees wou Id soften the structures, but cou Id
not dictate to the property owners as to what trees
they should plant. He said that his family owns seven
of the 22 I ots and he wou Id commit to putting trees on
those seven lots. Mr. Sammis stated he hoped to work
with the Coastal Commission to soften the bluff itself.
He added that he would get some trees and offer them to
the homeowners.
Henry Thompson, 330 Chestnut, stated that when the
Master P Ian was approved, the El R stated 100 feet of
setback. The final EIR showed 45 feet, and the City
has open space of 45 feet. Now, they are considering
narrowing this down to 10 feet, giving away some of the
open spaces of the City.
Mr. Thompson said the second issue was the Negative
Declaration, and he asked why a Negative Declaration
was issued on this sensitive area. He requested a full
EIR before anything else is done with this open space
of the City.
Since no one else wished to speak on this matter, the
Public Hearing was closed at 7:05 p.m.
Gary Wayne stated that the City's 45 foot easement over
the rear yards is for staff to control structures in the
rear yards. It is not an open space area. The Coastal
Commission was to secure the area for the trail and it
could be within the 45-foot setback area. The Local
Coastal Prgram requires a 45-foot setback along the
blufftop and this is adhered to through the Master Plan.
The trai I is a requirement of the developer to be
constructed and then maintained by the homeowners.
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PUBLIC HEARING: (Continued)
The suggestion was made that if the homeowners want to
install a patio, they could be conditioned to plant some
trees. Counci 1 Member Pettine stated he wou 1 d be
reluctant to condition backyard improvements on
landscaping. He suggested taking the issue to the
homeowners association.
Mayor Lewis stated this was a major access to Car lsbad
and he felt something needed to be done now to soften
the appearance of the homes on the bluffs.
The suggestion was made to make the tree instal lation a
part of the construct ion of the trai 1 , and by putting
them in the trai 1 area, they wou I d be the
respons i bi I i ty of the homeowners.
Gary Wayne stated that this would go before the Coastal
Commission, and they would make the final decision. The
suggestion was made by Counci 1 that staff shou 1 d go to
the hearing before the Coastal Commission.
Council discussed the need for additional trees in the
area, and if they cou I d be p laced i n the tra i I area,
that would be their first choice. If that were not
possible, then finding a way to require homeowners to
p 1 ant trees wou I d be cons i dered.
Counci I Member Pettine stated he wou 1 d vote in the
affirmative on this item, but was not in favor of
requiring trees in the rear yards on the private lots.
Counci I approved the Negative Declaration and directed
the City Attorney to prepare documents of approval
including conditions requiring the inclusion of
addi tiona I trees either in the trai I system or on the
private lots, and requiring appropriate earth-colored
masonry block below the wrought iron fence.
Council concurred that staff should attend the Coastal
Commission Meeting to support the City's position on
the additional conditions, and Mayor Lewis was
authorized to write a letter to the Coastal Commission
concerning the matter.
Marty Orenyak stated staff cou Id meet with affected
property owners to develop a landscaping p Ian they
cou 1 d support.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 7:35 p.m., and re-convened at
8:30 p.m., with a1 1 Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #10,032 - CITIZEN REQUEST - ESTABLISHMENT OF "CAHLSBAD FOUNDERS ' DAY".
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Mayor Lewis asked for the Counci 1 Members 1 comments on
this suggestion by Glenn McComas.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Council discussion determined that the date should be
the incorporation date of Carlsbad. The suggestion was
made to have citizen volunteers and refer this to the
Commissions for their input.
By consensus, Counci I authorized the Mayor to send a
letter to Counci 1 Commissions to inquire about their
interest in participating in this event.
[39) 16. AB #10,033 - REPORT ON CITY INVESTMENTS.
Report on the City's investment portfol io as of May 1 ,
1989.
COUNCIL REPORTS:
Counci I Members reported on recent meetings and
activities of the Commi ttees and Sub-Commi ttees of
which they are Members.
CLOSED SESSION:
(74) 17. CLOSED SESSION REGARDING EMPLOYEE LABOR
NEGOTIATIONS.
Council adjourned at 9:lO p.m., to a Closed Session to
i nstruct the City 's negotiators regarding Meet and
Confer Negotiations with employee associations.
Counci I re-convened at 10 :01 p.m. , and Mayor Lewis
reported they had i nstructed their negotiators.
ADJOURNMENT:
By proper "t ion, the Meeting of May 16, 1989, was
adjourned at 1O:Ol p.m., to Monday, May 22, 1989, at
1 :00 p.m. , at the Safety Center, in the event a quorum
of Counci I Members attends the Offshore 0 i 1 Dri I I i ng
Meeting.
Respectfu I ly submitted, 1 -Y- ALETHA L. RAUTENKRANZ
City Clerk
Harri ett Babbitt
Mi nutes C lerk
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