HomeMy WebLinkAbout1990-12-18; City Council; Minutes< 0 0
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Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: December 18, 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 6:03 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Nygaard, Stanton, Larson
and Mayor Lewis.
Absent: Mayor Pro Tem Kulchin.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by the Members of Boy
Scout Pack 706.
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held November 20, 1990,
were approved as presented.
Minutes of the Regular Meeting held December 4, 1990,
were approved as presented.
CONSENT CALENDAR:
Council affirmed the ac.tion 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 #1C,945 - AWARD OF CONTRACT FOR 1990-91 STREET
OVERLAY PROGRAM - CONTRACT NO. U/M 91-2.
Council adopted RESOLUTION NO. 90-440, accepting
bids and awarding the contract in the amount of
$246,500.00 to Daley Corporation of San Diego for
the 1990-91 Streets Overlay Program.
2. AB #10,946 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer
regarding the City's investment portfolio as of
December 1, 1990.
3. AB #10,947 - PURCHASE OF SKID-STEER LOADER.
Council adopted RESOLUTION NO. 90-441, accepting
the bid of Miramar Bobcat, Inc., in the amount of
$33,781.69, for the purchase of a skid sceer loader
with various attachments.
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CONSENT CALENDAR: (Continued)
4. AB #10,948 - ACCEPXANCE OF DONATION.
Council adopted RESOLUTION NO. 90-442, accepting a
$3,238 donation from Gerico's Bar & Grill to
benefit the Carlsbad Senior Center.
5.' ' AB #10,949 - SETTLEMENT OF PIETI V. CITY OF
CARLSBAD .
Council adopted RESOLUTION NO. 90-443, approving
the settlement agreement and general release
between the City of Carlsbad, certain individuals
and Jerome N. Pieti (Case Nos. 89 1222 S (CM),
L48143, N48205).
6. AB #10,950 - SETTLEMENT OF LAWSUIT - WEST COAST
GENERAL V. CITY OF CARLSBAD.
Council adopted RESOLUTION NO. 90-444, authorizing
the expenditure of funds for the settlement of the
lawsuit entitled West Coast General v. City of
Carlsbad, Case .No. N46495.
7. AB 510,951 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 90-445, accepting a
$600 donation from the Hi-Noon Rotary to be
utilized toward the purchase of special equipment
for the Carlsbad Senior Center.
8. AB #10,962 - SETTLEMENT OF LAWSUIT - VARGAS V. CITY
OF CARLSBAD.
Council adopted RESOLUTION NO. 90-453, authorizing
the expenditure of funds for settlement of the
lawsuit entitled Vargas v. City of Carlsbad, Case
No. N45773.
9. AB #10,952 - REVISIONS TO BUILDING AND CONSTRUCTION
INSPECTOR CLASSIFICATION SERIES AND SALARIES.
Council adopted RESOLUTION NO. 90-446, approving
revisions to the Building Inspector and
Construction Inspector Classification series,
amending the miscellaneous employee salary
schedules and appropriating funds €or salary
increases.
10. AB #10,953 - REVISION OF CLASSIFICATION AND SALARY
PLAN FOR CODE ENFORCEMENT OFFICER.
Council adopted RESOLUTION NO. 90-447, amending the
classification plan and azdary schedule of the City
to adopt the classification of Code Enforcement
Officer I and Code Enforcement Officer 11.
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CONSENT CALENDAR: (Continued)
11. AB #10,954 - AMENDING THE MISCELLANEOUS SALARY AND
CLASSIFICATION SCHEDULE FOR THE PLANNING SERIES.
Council adopted RESOLUTION NO. 90-448, amending the
Miscellaneous Salary Schedule to revise the salary
ranges for Planning Technician I, Planning
Technician 11, .Assistant Planner, Associate Planner
and Senior Planner.
12. AB #10,955 - AMENDING THE MISCELLANEOUS SALARY
SCHEDULE FOR THE RECREATION SERIES.
Council adopted RESOLUTION NO. 90-449, amending the
miscellaneous salary schedule to revise the salary
ranges for Recreation Specialist, Recreation
Supervisor I and Recreation Supervisor 11.
13. AB #10,956 - AMENDMENT TO AGREEMENT FOR THE
CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER.
Council adopted RESOLUTION NO. 90-450, approving
the first amendment to the agreement for the
construction of the Carlsbad Transit Center.
14. AB #10,963 - DENIAL OF APPEAL OF SITE DEVELOPMENT
PLAN - SDP 80-3(A) - EXPANSION OF DANIELS
CABLEVISION.
Council adopted RESOLUTION NO. 90-454, denying the
applicant's appeal and upholding the Planning
Conunission's approval of a major site development
plan amendment SDP 80-3 (A) to allow for the
expansion of the Daniels Cablevision use on
property generally located north of Faraday Avenue
and east of El Camino Real.
PUBLIC COMMENT :
Maurice Kimball, 1623 James Drive, asked where we would
get water for the development projects on tonight's
Agenda. He also stated the Attorney costs for the City
are excessive.
PUBLIC HEARINGS:
15. AB #10,938 - APPLICATION FOR 79-LOT/72 SINGLE
FAMILY UNIT PROJECT - EIR 89-1/ZC 89-6/CT 89-19/SDP
89-7/HDP 89-37 - BROCCATO.
This was a continued public hearing, and the public
testimony portion had been previously closed.
Staff referred to the memorandum dated December 18,
1990, from the Planning Department, modifying
Conditions 14, 26 and 47 and adding Condition #92
under "Growth Management".
John Thelan, one of the applicants, stated he
agreed with the revisions and had no further
comments .
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PUBLIC HEARINGS: (Continued)
Council certified EIR 89-1 per Planning Commission
Resolution No. 3108 and directed the City Attorney
to prepare documents approving CT 89-19, SDP 89-7
and HDP 89-37, including the changes to Conditions
14, 26 and 47, and addition of Condition #92 under
"Growth Management", as contained in the memorandum
from the Planning Department dated December 18,
1990; and introduced the following Ordinance:
ORDINANCE NO. 136, amending Title 21 of the
Carlsbad Municipal Code by an amendment to the
zoning map to grant a zone change, ZC 89-06,
Broccato, from LC to R-1-7500(Q) and OS on property
generally located along the north shore of
Batiquitos Lagoon, south of the Spinnaker Hills
Developraent and west of the Aviara Master Plan.
16. AB #10,957 - APPLICATION FOR TENTATIVE TRACT MAP,
PLANNED UNIT DEVELOPMENT AND HILLSIDE DEVELOPMENT
PERMIT - CT 90-23/PUD 90-23/HDP 90-29 - FAIRWAYS.
Staff indicated a Proposed RV Storage Condition,
47a, had been received today from Hofman Planning
Associates, and it reads as follows:
Prior to recordation of a final map, the applicant
shall provide a written agreement from the owner of
the Arroyo La Costa property (CT 88-3) that 2,660
square feet of R.V. parking will be set aside for
use by the homeowners of the Fairways project in
perpetuity. Said agreement shall be subject to the
approval of the Planning Director and City
Attorney.
Mayor Lewis opened the duly-noticed Public Hearing
at 6:35 p.m., and issued the invitation to speak.
Doug Avis, Fieldstone Company, the applicant, 6670
El Camino Real, gave the history of the project.
He said that the condition they brought to the
Planning Commission calling for walls with view
orientation, was for lots 3, 4, 9 and 10. They
would now like to modify Condition #27 to include
11, 12, 13, 14, 15 and 16 for a view wall, which
would extend all the way up Alicante.
Mr. Avis stated that the access was another issue,
and with the entrance on Corte de la Vista, this
would cause the least impact; provide the most
vertical separation and the least amount of
grading.
Mr. Avis said the conversion of the R.V. parking
area would be resolved in time as to whether it is
the developer's responsibility or the homeowners
association. Mr. Avis suggested a bond could be
posted that would stay in place until the
conversion is made.
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PUBLIC HEARINGS: (Continued)
Teresa Hilleary, 7488 Alicante Road, spoke in
opposition to the project, due to her concern about
the loss of a view. She wanted the view wall
condition to be more specific.
Reg Kobzi, 7480 Alicante Road, President of the
Spyglass VI11 Homeowners Association, stated he was
not opposed to the project, but was concerned about
the loss of views for which they paid premium
prices. He said the designs of the view walls
contained nothing about the height of the wall and
he wanted that part of the record. He wanted a
height restriction all around the project and also
landscaping in front of the wall not to exceed a
height limit.
Thomas Mass, 2851 Torry Court, representing the
Alicante Hills Homeowners Association, expressed
concern with the location of the entrance gate. He
said the gate should be on Alicante for safety and
aesthetics. He said there would be noise, fumes
and grit from the cars using that gate and this was
not fair to the residents opposite that area.
Mr. Avis stated there would be low landscaping in
front of the wall, and the wall height was 5 feet 4
inches. (He distributed sketches of the wall.)
He said the sight distance on Alicante will be
addressed and there will be a stop sign at Corte de
la Vista. The wall will be two feet of stucco and
wrought iron on the top.
Pat O'Day, Engineer on the project, stated that the
landscaping will be of a type to keep people away
from the wall. The wall will be immediately
outside of the right-of-way.
Bob Johnson, Traffic Engineer, stated there is a
line of sight restriction, but at the height of a
vehicle, a pedestrian would be seen. He said the
traffic volumes will be low.
Since no one else wished to speak on this matter,
Mayor Lewis closed the Public Hearing at 7:34 p.m.
Council Member Larson also suggested Condition #46
be revised to require the conversion to reclaimed
water when it is available.
By unanimous consensus, Council agreed to trail
this item until later in the meeting to allow staff
time to rework the conditions.
17. AB #10,958 - APPEAL OF CITY ENGINEER'S DECISION -
MINOR SUBDIVISION NO. 849 AND PLANNING DEPARTMENT
DECISION TO DENY CONDO PERMIT 90-09.
Mayor Lewis opened the duly-noticed Public Hearing
at 7:53 p.m., and issued the invitation to speak.
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PUBLIC HEARINGS: (Continued)
John Pfeiffer, 6711 Cantil Street, Appellant,
presented a map and photographs to show his
property and to indicate why he appealed the denial
of the condominium permit.
Since no one else wished to speak on this matter,
Mayor Lewis closed the Public Hearing at 8:05 p.m.
Council granted the appeal, approved the variances
and returned the matter to staff for processing
with appropriate conditions.
RECESS :
Mayor Lewis declared a Recess at 8:09 p.m., and Council
re-convened at 8:17 p.m., with four Members present and
Mayor Pro Tern Kulchin absent.
MUNICIPAL WATER BOARD:
Council adjourned to the Municipal Water Board at 8:18
p.m., and re-convened at 8:19 p.m., with four Members
present and Mayor Pro Tem Kulchin absent.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 8:19 p.m., and re-convened at 8:37 p.m.,
with four Members present and Mayor Pro Tem Kulchin
absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
18. AB #10,920 - EVALUATION OF COUNTY SOLID WASTE
TRANSFER STATION SITING STUDY.
Council adopted the following Resolution, as
amended :
RESOLUTION NO. 90-413, authorizing the County Board
of Supervisors to conduct further environmental
study of two proposed solid waste transfer station
sites in the City of Carlsbad; amended by the
addition of Section 3 to read as follows: "That
the City Council authorizes the County to consider
the two candidate transfer station sites identified
as C-3 and C-5 as serving only the City of
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19. AB #10,959 - REALLOCATION OF 1988-89 AND 1989-90
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Manuel Valdez, 3603 Ames Place, representing the
Little League, spoke in favor of funding lights and
a scoreboard at Chase Field, with the lighting the
top priority.
Paul Sulli, 4866 Seuilla Way, President of the
Carlsbad American Little League, stated the lights
at Chase Field are over ten years old and it is
time to make improvements.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mayor Lewis stated all Council Members should be
present to discuss this item; therefore, it would
be continued.
20. AB 510,960 - AMENDMENT TO CONSULTANT AGREEMENT FOR
DESIGN OF TAMARACK AVENUE.
Mayor Lewis stated he received calls and letters
from twenty people in support of Alternative #3.
Mary Jane Musser, 511 Tamarack Avenue, stated her
support for Alternative #3.
John McCoy, 390 Oak Avenue, spoke in favor of
moving forward with the project.
Gerald Bowers, 3199 Falcon Drive, stated he
was in favor of Alternative #3.
Lowell Ponte, 522 Tamarack Avenue, representing
Save Our Street/Save Our Neighborhood, spoke in
favor of Alternative #3.
Council adopted the following Resolution:
RESOLUTION NO. 90-451, approving an amendment to an
existing consultant agreement for the design of
improvements to Tamarack Avenue and the review and
selection of a preferred alignment alternative;
said alignment being Alternative #3 as contained in
the Agenda Bill.
21. AB #10,964 - CALIFORNIA INTEGRATED WASTE MANAGEMENT
ACT OF 1989 - ASSEMBLY BILL 939.
This item was continued.
22. AB #10,961 - INVITATION TO KARLOVY VARY,
CZECHOSLOVAKIA TO BECOME SISTER CITIES.
This item was continued.
23. AB #10,941 - VOTING PROCEDURES FOR THE PLANNING
COMMISSION FOR RECOMMENDATIONS TO THE CITY COUNCIL
REGARDING GENERAL PLAN AMENDMENTS.
Council introduced the following Ordinance:
ORDINANCE NO. NS-135, amending Title 2, Chapter
2.24 of the Carlsbad Municipal Code by the
amendment of Section 2.24.070 (b) to clarify a
quorum for the Planning Commission.
16. AB #10,957 - APPLICATION FOR TENTATIVE TRACT MAP,
PLANNED UNIT DEVELOPMENT, AND HILLSIDE DEVELOPMENT
PERMIT - CT 90-23/PUD 90-23/HDP 90-29 - FAIRWAYS.
Council directed the City Attorney to prepare
documents approving the Mitigated Negative
Declaration, CT 90-23/PUD 90-23/HDP 90-29, as
revised by the handout just distributed revising
Conditions No. 46, No. 47 and No. 27.
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COUNCIL REPORTS:
Due to the lateness of the hour, Council Reports were
continued.
ADJOURNMENT:
By proper motion, the Meeting of December 18, 1990,
was adjourned at 9:53 p.m.
Respectfully submitted, Lzhf#LRe-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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