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HomeMy WebLinkAbout1990-12-18; City Council; Minutes< 0 0 - MINUTES 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. 35-25 T COUNCIL /\I\ % ?As % MEMBERS % $% $ Lewis X Nygaard X Stanton xx Larson X Lewis X Larson xx Stanton X Nygaard X 0 0 MINUTES December 18, 1990 Page 2 COUNCIL \$ %9 ''a %p/ d MEMBERS Z. 0 $ 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. 5-1 ~ ~ d 0 0 MINUTES r December 18, 1990 Page 3 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 . 350 COUNCIL /\i$ % %$ ? MEMBERS % %% Stanton X h ,- 0 0 MINUTES r i 1 December 18, 1990 Page 4 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. I 399 " - 1 COUNCIL I\/\ ?$ 3% % MEMBERS % $% $ Lewis xx Larson X X Nygaard X Stanton .. 0 0 MINUTES December 18, 1990 Page 5 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. 3Y8 I COUNCIL /\b % %$ ? MEMBERS % %% b .- 0 0 MINUTES - 1 December 18, 1990 Page 6 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 Carlsbad. '' 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. ~ - COUNCIL \\I\ 5 %?$%%)e MEMBERS Z. tp 2. 8 Lewis X Nygaard X Stanton X Larson xx Lewis X Nygaard X Stanton xx Larson X a e M IN UT,ES -r December 18, 1990 Page 7 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. I .4%x - COUNCIL I\/\ 3 %% % MEMBERS % %% % Lewis X Nygaard xx Stanton X Larson X Lewis X Nygaard X Stanton xx Larson X Lewis X Nygaard X Stanton xx Larson X ,* 0 MINUTES December 18, 1990 Page 8 ,/\I\ COUNCIL % pb' % % MEMBERS % $% $ 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 246