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Home My WebLink About1991-01-15; City Council; MinutesI 0 0 MINUTES ~ . .. Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 15, 1991 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:OO p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson and Mayor Lewis. Absent: Mayor Pro Tem Kulchin. APPROVAL OF MINUTES: (one motion) Minutes of the Special Meeting held December 18, 1990, were approved as presented. Minutes of the Regular Meeting held December 18, 1990, xera approved as presented. Minutes of the Special Meeting held December 19, 1990, were approved as presented. Minutes of the Regular Meeting held December 26, 1990, were approved as presented. Minutes of the Regular Meeting held January 2, 1991, were approved as presented. CONSENT CALENDAR: Mayor Lewis announced Item #l was removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item #1, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #10,982 - LCCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 2. AB #10,983 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - ALICANTE VIEW APARTMENTS - PD 304. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and MaintenEnce Department to commence maintaining the public sewer improvements constructed at Alicante Road and Altisna May. 3. AB #10,954 - TRANSFER OF FUNDS FROM POLICE ASSET FORFEITURE FbND TO CRIME STOPPERS, INC. Council adopted RESOLUTION NO. 91-16, authorizing the Carlsbad Police Department to transfer proceeds in the sum of $1,000, received from Federal Equitable Sharing, to Crime Stoppers, Inc. /3 - ~ ~ ~ +% MEMBERS COUNCIL \$ % % %% $% % ? Lewis Nygaard X Stanton xx Larson X X Lewis xx Nygaard X Stanton X Larson X A b - 1 a 0 - January 15, 1991 MINUTES Page 2 CONSENT CALENDAR: (Continued) 4. AB #10,985 - AUTHORIZATION OF OUT-OF-STATE TRAVEL FOR ASSISTANT CITY ENGINEER. Council adopted RESOLUTION NO. 91-17, authorizing out-of-state travel by the Assistant City Engineer to attend the Understanding of Storm Water Permit Regulations Clinic in Phoenix, Arizona, on February 12, 1991. 5. AB #10,986 - QUITCLAIM OF WATERLINE EASEMENT - CT NO. 81-19/PR 3.7.39A Council adopted RESOLUTION NO. 91-18, approving quitclaim deeds conveying a waterline easement over a portion of Lots 15, 16, 17 and 19 of CT 81-19, to Shihming Jan, Chi-Hua Jan, Ronald Ball and Nicolette Tal, Robert Porter and Helen Porter, and LCJ Development. 6. AB #10,987 - ACCEPTANCE OF COVENANTS FOR EASEMENTS FOR PRIVATE DRAINAGE AND SEWER PURPOSES - PR 3.2.39 AND PR 3.3.20. Council adopted RESOLUTION NO. 91-19, accepting two Covenants for Easements for private drainage and sewer purposes from Ray E. Escano and Niki L. Escano, to benefit all of proposed CT 89-35. 7. AB #10,988 - ADVERTISEMENT FOR BIDS FOR THE PALOMAR AIRPORT ROAD AND PALOMAR OAKS WAY TRAFFIC SIGNAL= PROJECT NO. 3345. Council adopted RESOLUTION NO. 91-20, approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of the Palomar Airport Road and Palomar Oaks Way Traffic Signal. ITEM REMOVED FROM THE CONSENT CALENDAR: 1. AB #10,982 - ACCEPTANCE OF DONATION. Council adopted the following Resolution: RESOLUTION NO. 91-15, accepting a donation of $2,500 from the Fieldstone Conpany in support of a Youth Recreation Directory. PUBLIC COMMENT: Mayor Lewis announced that John Mamaux had resigned from the Golf Committee due to his recent appointment as City Manager for the City of Cceanside. He said the resignation would be accspted. Maurice Kimball, 1623 James Drive, addressed Council with regard to his concern about water. I& .-r COUNCIL /\I\ 3 %' % MEMBERS % %% % Lewis xx Nygaard X Stanton X Larson X 0 0 MINUTES January 15, 1991 Page 3 James Swab, 3640 Adams Street, spoke about the development standards and the building of out-of-scale buildings in Carlsbad without regard to the compatibility of the building to the neighborhood. He specifically called attention to the building at the corner of Highland and Elm. PUBLIC HEARINGS: 8. AB #10,989 - SEWER CAPACITY FEE INCREASE AND ESTABLISHMENT OF SEWER BENEFIT AREA FEES. Mayor Lewis opened the duly-noticed Public Hearing at 6:20 p.m., and issued the invitation to speak. Since no one wished to address the Council, the Public Hearing was closed. Council introduced the following Ordinance and adopted the following Resolution: (one motion) ORDINANCE NO. NS-137, amending Title 13, Chapter 13.10 of the Carlsbad Municipal Code relating to sewer capacity fees. RESOLUTION NO. 91-21, establishing Sewer Benefit Area boundaries and fees. 9. AB #10,990 - AMENDMENT TO CARLSBAD MUNICIPAL CODE TO ADJUST THE PARKING STANDARD FOR LIBRARIES - ZCA 90-1. David R. Smith, 130 Holly Road, Hopkins, Minnesota, addressed Council, as Consultant €or the Library, and told of his work throughout the Country with libraries and the parking standards. He cited examples of other libraries and their parking standards, and stated the present standard here is too high and should be lowered to be more consistent with current trends. In reply to query regarding the heavy use of the Carlsbad Library, Mr. Smith stated that still did not justify the present standard in Carlsbad. He added that the proposed standard would over-park the Library without giving any credit for shared parking. Mayor Lewis opened the duly-noticed Public Hearing at 6:40 p.m., and issued the invitation to speak. Maurice Kimball, 1623 James Drive, stated he has tc arrive at the Library here on Elm at 9:Ol a.m. in order to get a parking place in the blue area. He asked for considerkrtion for people needing handicar parking. Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 6:42 p.m. Council Member Nygaard recommended adding a provision that the matter be reviewed in two years for an evaluation on how the parking is working; and if it is not working at that point, that it be corrected. ) ? // COUNCIL y$ %PA "0 $9, MEMBERS $ 6 $ Lewis X Nygaard X Stanton xx Larson X A L 0 0 MINUTES January 15, 1991 Page 4 PUBLIC HEARINGS: (Continued) Council Members Stanton and Larson concurred with Council Member Nygaard, and Mayor Lewis agreed to accept that addition to the motion. City Manager Ray Patchett stated that in two years this parking item will be brought back to Council, and if there is a problem, a solution will be proposed. He added that Mayor Pro Tem Kulchin had indicated her support of this Ordinance. Council approved the Negative Declaration, requested that the parking standard be reviewed two years after construction of the Library, and introduced the following Ordinance: ORDINANCE NO. NS-138, amending Title 21, Chapter 21.44 of the Carlsbad Municipal Code by the amendment of Section 21.44.020(20) adjusting the parking standards for libraries. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB #10,991 - APPEAL OF A SAN DIEGO COUNTY HEALTH SERVICES DEPARTMENT DECISION REGARDING RENTAL UNITS AT 3244 HARDING STREET. David Johns, Environmental Health Specialist 11, County of San Diego Department of Health Services, reported on this item, stating the owners have started to correct the problems and that the joint recommendation was to continue the appeal for the occupied units for a period of 30 days, and 60 days for the five unoccupied units. Ione Elsner, representing the owners, stated they had no problems with that and would agree to the continuance. She said that they will continue to work to meet the standards. Marty Orenyak, Community Development Director, stated a draft agreement has been developed, which will be discussed with the owners or their representative, and will need to be signed by the owners or on their behalf, He said there are five units that are not occupied, and they are to remain so. The main emphasis is to be on the occupied units, and that is why only 30 days is given to correct those. Council continued the appeal on the substandard renral housing at 3244 Harding Street, to ailow a period of 30 days to assure compliance to meet the standards on the occupied units. A period of 60 days will be allowed to bring the five unoccupied units up to standard. 11. AB #10,992 - INCLUSIONARY PROGRAM FOR MASTER PLANNED COMMUNITIES. I City Manager Ray Patchett stated there was a request to continue this item for one week. /D COUNCIL /\I\ %9 /o +*%%e )r MEMBERS 9 $ 9 tp Lewis X Larson X xx Nygaard X Stanton Lewis X Larson xx X Nygaard X Stanton a 0 MINUTES c January 15, 1991 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council consensus was to have a staff presentation this week and again next week, and take no action tonight. Council Member Larson asked that the interim program be rental stock, only, and Mayor Lewis concurred. By consensus, the matter was continued for one week. 12. AB #10,993 - AGREEMENT FOR PREPARATION OF OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PLAN AND ASSISTANCE IN OPEN SPACE WORK PLAN. Council Member Nygaard requested that a list of all of the open space the City might want at buildout be prepared, including the cost and financing alternatives. Council adopted the following Resolution: RESOLUTION NO. 91-23, approving an agreement between the City of Carlsbad and Wallace Roberts & Todd for preparation of an Open Space and Conservation Resource Management Plan and assistance in the completion of the Open Space Work Plan. COUNCIL REPORTS: Council Members reported on the Meetings and activities of the Committees and Subcommittees of which they are Members. Mayor Lewis requested a total presentation to the public on the water situation, because everyone needs to share the responsibility. ADJO-NT: By proper motion, the Meeting of January 15, 1991, was adjourned at 7:33 p.m., to Friday, January 18, 1991, at 12:OO noon, for a Workshop at the Carlsbad Water District Offices, in the event a quorum of Council Members is present. The Workshop will continue on Saturday, January 19, 1991, at 8:OO a.m. Respectfully submitted, &z& ssistant City Clerk Harriett Babbitt Minutes Clerk 9 - COUNCIL /\I\ %?$,%$ MEMBERS Z. g Z. g Lewis xx Nygaard X Stanton X Larson X