HomeMy WebLinkAbout1991-02-19; City Council; Minutes0 0
MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: February 19, 1991
Time of Meeting: 6:OO p.m.
Place of Meeting: City Council Chambers
CPJL TO ORDER:
Mayor Lewis called the Meeting to order at 6:Ol p.m.
RGLL CALL was taken by the Assistant City Clerk, as
follcws:
Present: Council Members Nygaard, Stanton, Larson,
Kulchin and Mayor Lewis.
Absent : None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Larson.
PRESENTATIONS:
Lynn Flanagan, representing the San Diego Marathon
Association, presented plaques to the Council Members
for Carlsbad's participation in the marathon.
Karen Campbell explained her Operation Flag program to
the Council and asked for volunteers to help with the
program.
3PPROVAL OF 15'INUTES: (one motion)
Minutes of the Regular Meeting held January 8, 1991,
were approved as presented.
Minutes of the Special Meeting held January 8, 1991,
were approved as presented.
Minutes of the Regular Meeting held Janclary 15, 1991,
were approved as presented.
Minutes of the Adjourned Meeting held January 18, 1991,
were approved as presented.
Minutes of the Adjourned Meeting held January 19, 1991,
were approved as presented.
Minutes of the Special Meeting held January 22, ,1991,
were approved as presented.
Minutes of the Regular Meeting held January 22, 1991,
were approved as presented.
Minuxs of the Special Meeting held January 29, 1991,
were approved as presented.
Minutos of the Regular Meeting held January 29, 1991,
were approved! as presented.
Minutes of the Regular Mleting held February 5, 1991,
were approved as presented.
Minutes of the Regular Meeting held February 13, 1991,
were appZOVa3d as presents&.
YO
c
COUNCIL /\I\ % ?$%$
MEMBERS Z. tp Z. tp
Lewis
X Nygaard
X Stanton
xx Larson
X Kulchin
X
Kulchin X
Kllchin X
Kulchin X
0 0
MINUTES
February 19, 1991 Page 2
CONSENT CALENDAR:
Mayor Lewis removed Items #11 and #12 from the Consent
Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Items #11 and #12, as follows:
Council Member Stanton stated she would abstain on
Consent Calendar Item #5.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances
and Resolutions at this Meeting.
1. AB #11,024 - REQUEST FOR AUTHORITY TO DESTROY
FILES.
Council adopted RESOLUTION NO. 91-49, authorizing
the destruction of certain obsolete and unnecessary
files in the Finance Department.
2. AB #11,025 - APPROVAL OF AGREEMENT FOR SALE OF
AVAILABLE COMBINED ROAD PLAN APPORTIONMENT FUNDS.
Council adopted RESOLUTION NO. 91-50, approving an
agreement with the Santa Clara County Traffic
Authority for the sale of available City of
Carlsbad Combined Road Plan Apportionment (CRP)
funds .
3. AB #11,026 - LEGISLATIVE PROGRAM - ADDITION OF
LEGAL ADVOCACY.
Council approved the amendment of Council Policy
No. 39 to add legal advocacy matters to the City's
legislative program.
4. AB #11,027 - APPROVAL OF FINAL MAP - CARLSBAD TRACT
"- 89-35 - VISTA SAN MALO.
Council adopted RESOLUTION NO. 91-51, approving the
final map for CT 89-35, Vista San Malo.
5. AB 811,028 - SETTLEMENT OF CITY OF CARLSBAD V.
BANCROFT - CASE NO. N40694.
Council adopted RESOLUTION NO. 91-52, approving the
settlement of the case and authorizing payment of
$42,8875.36 from the general construction cost
account.
6. AB #11,029 = APPROVAL OF CONSULTANT CONTRACTS FOR
HUMAN RESOURCES DEPARTMENT.
Council adopted RESOLUTION NO. 91-53, approving
agreements for Human Resources Consulting Services
with Hughes, Heiss and Associates; Reid, Moomaugh
and Associates; Towers, Perrin, Forster 6( Crosby;
and Filarsky and Watt.
39
"
COUNCIL I\/\ 3 %' %
MEMBERS % s% %
Lewis
X Stanton
X Larson
xx Kulchin
X
X Nygaard
Stanton X
e 0 MINUTES
COUNCIL /\I\ %p "0 +e%%@ A
February 19, 1991 Page 3
CONSENT CALENDAR: (Continued)
MEMBERS Z. 6 Z. 8
7. AB #11,030 - ACCEPTANCE OF DONATION FROM FIELDSTONE
COMPANY.
Council adopted RESOLUTION NO. 91-54, accepting a
donation of $5,000 from the Fieldstone Company to
fund the annual Arts and Business breakfasts.
8. AB #11,031 - SETTLEMENT OF LAWSUIT ENTITLED
POMERANCE V. CITY OF CARLSBAD - CASE NO. N33780.
Council adopted RESOLUTION NO. 91-55, approving the
settlement and authorizing the payment of $13,500
from the liability self-insurance reserve account.
9. AB #11,032 - ACCEPTANCE OF PUBLIC IMPROVEMENTS -
CARLSBAD RESEARCH CENTER - CT 85-24, UNIT 3.
Council accepted improvements, authorized the City
Clerk to record the Notice of Completion and
release bonds, and directed the Utilities and
Maintenance Department to commence maintaining the
public street, sewer, and traffic signal
improvements constructed at Faraday Avenue and
Rutherford Road.
10. AB #11,033 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer
on City Investments as of February 1, 1991.
11. AB #11,034 - ACCEPTANCE OF ADDITIONAL GRANT FUNDING
AND TRANSFER OF FUNDS TO THE PAINT-A-THON PROGRAM.
This item was removed from the Consent Calendar.
12. AB #11,043 - REQUEST FOR TRANSPORTATION DEVELOPMENT
ACT (TDA) FUNDING FOR THREE PROJECTS.
This item was removed from the Consent Calendar.
13. At3 f11,038 - CITY OF CARLSBAD V. SHERMAN - ALTA
MIRA PARK CONDEMNATION.
Council adopted RESOLUTION NO. 91-61, approving a
stipulated judgment in the City of Carlsbad v.
Sherman, Case No. 200405, and appropriating
$2,551,324 to fund the judgment.
14. AB #11,035 - AUTHORIZATION OF ADDITIONAL
DEVELOPMENT PROCESSING FEE.
Council adopted RESOLUTION NO. 91-58, approving
Edditions to the City of Carlsbad Development
Processing Fees to accommodate new filing fees
irlposed by the Department of Fish & Game.
15. AB #11,036 - ACCEPTANCE OF GRANT FROM CALIFORNIA
LIBRARY SERVICES ACT LITERACY FUNDS.
Council adopted RESOLUTION NO. 91-59, accepting a
grant from the California State Library in the
amount of $12,558 for the Library Adult Learning
Program.
38
* e
MINUTES
c -
~
I
February 19, 1991 Page 4
ITEMS REMOVED FROM CONSENT CALENDAR:
11. AB #11,034 - ACCEPTANCE OF ADDITIONAL GRANT FUNDING
AND TRANSFER OF FUNDS TO THE PAINT-A-THON PROGRAM.
Council adopted the following Resolutions: (one
mot ion)
RESOLUTION NO. 91-56, accepting additional
Certified Local Government Grant funding from the
State Office of Historic Preservation in the amount
of $4,000; and
RESOLUTION NO. 91-57, approving the transfer of
funds in the amount of $4,000 from the CDBG/Urban
County Program Cultural Resource Survey Project
Account to the CDBG/Urban County Program Paint-A-
Thon Project Account.
12. AB #11,043 - REQUEST FOR TRANSPORTATION DEVELOPMENT
ACT (TDA) FUNDING FOR THREE PROJECTS.
Girard Anear, 1738 Calavo Court, expressed concern
regarding the many missing segments of sidewalks in
various locations throughout the City, and asked
whether staff had researched the areas covered by
this request to ascertain whether future
improvement agreements existed for them. He stated
the City should not subsidize sidewalks for some,
while others are forced to pay for sidewalks.
Staff indicated they had researched any future
improvement agreements and there were none except
for one small portion of one of these areas, and
that section would not be funded by TDA funds.
Council adopted the following Resolutions: (one
mot ion )
RESOLUTION NO. 91-62, authorizing staff to pursue
Transportation Development Act (TDA) funding from
SANDAG €or construction of sidewalks in various
locations throughout the City of Carlsbad.
RESOLUTION NO. 91-63, authorizing staff to pursue
Transportation Development Act (TDA) funding from
SANDAG for construction of two bicycle lanes on
Palomar Airport Road from El Camino Real to the
easterly City limit.
RESOLUTION NO. 91-64, authorizing staff to pursue
Transportation Development Act (TDA) funding from
SANDAG for purchase of two bicycle racks for the
future migrant hiring hall site.
PUBLIC cow-#:
A. J. Skotnicki, 2668 Sausalito, stated there have been
droughts before, such as in 1976 and 1977, but nothing
has been done in the interim regarding water
reclamat ion.
33
-
COUNCIL I\/ %9A /o $,o/
MEMBERS Z. 8 2
Lewis
X Kulchin
X
xx Nygaard
X Stanton
X Larson
Lewis
X Kulchin
xx
X Nygaard
X Stanton
X Larson
4 s$
0 0 MINUTES
February 19, 1991 Page 5
PUBLIC COMMENT: (Continued)
Bobbi Trout, 7512 Vieja Castilla Way, suggested seeding
of the clouds, and stated that there should be no more
building until the drought is over. Ms. Trout stated
the gray water should be used for watering lawns and
that golf courses waste water that is needed elsewhere.
Karl Nevarez, 4816 Nebling Drive, was concerned about
the cutbacks and fines for excessive water use. He
stated that people who have been conserving will not be
able to cut back any more, and he felt it was unfair to
penalize them.
ORDINANCES FOR ADOPTION:
16. ,03_7 - APPROVAL OF MASTER PLAN AMENDMENT,
TINTATIVE SUBDIVISION MAP, LOCAL COASTAL PROGRAM
AMEITDEIENT AND HILLSIDEDEVELOPMENT PERMIT - PHASE
I1 AVIARA MASTER PLAN - MP 177 /B)/LCPA 90-5/CT 89-
37/HDP 90-2.
Council adopted the following Resolution and
Ordinance: (one motion) I
RESOLUTION NO. 91-60, approving a Mitigated
Negative Declaration and Tentative Subdivision Map
(CT 89-37), Local Coastal Program Amendment (LCPA
90-5) and Hillside Development Permit (HDP 90-2)
for an 11-lot project on 247 acres of land
generally located on the north shore of Batiquitos
Lagoon, south of Alga Road and west of Aviara Phase
I.
ORDINANCE NO. NS-140, amending Ordinance No. 9839
and Master Plan 177 to allow changes in the
planning area boundaries and development standards
for Planning Areas, 25, 26, 27, 28, 29 and 30, and
to change permitted product types from multi-family
to single family within Planning Areas 26 and 30 on
property generally located on the north shore of
Batiquitos Lagoon, south of Alga Road and west of
Aviara Phase I.
17. AB #11,021 - REVISIONS TO HISTORIC PRESERVATION
ORDINANCE .
Council adopted the following Ordinance: I
ORDINANCE NO. NS-141, amending Title 22, Chapters
22.02, 22.04 and 22.06 of the Carlsbad Municipal
Code by the amendment of various sections to
clarify the duties of the Historic Preservation
Commission, clarify procedures fcr review of
environmental documents and criteria for the
Historic Resources Inventory.
MUNICIPAL WATER DISTRICT: I Council adjourned to the Municipal Water District at
6:42 p.m., and re-convened at 8:37 p.m., with all five
Council Members present.
36
COUNCIL \\k 5 %VA 0 C8 ?
MEMBERS % %%
Lewis
X Nygaard
X Stanton
X Larson
xx Kulchin
X
Lewis
x Nygaarci
X Stanton
X Larson
xx Kulchin
X
B
e e
MINUTES
February 19, 1991 Page 6
RECESS :
Mayor Lewis declared a Recess at 8:37 p.m., and Council
re-convened at 8:48 p.m., with all five Council Members
present.
DEPARTMENTAL AND CIm WAGER REPORTS:
18. AB #11,039 - COMPATIBILITY OF INFILL CONSTRUCTION
IN SINGLE FAMILY NEIGHBORHOODS.
Kip McBane, 2691 Crest Drive, stated he disagreed
with staff’s analysis, as it does not define a
hillside lot and does not include lots over 4,000
square feet.
Sally Katich, 4179 Highland Drive, stated that
Highland Drive has always been a rural area with
one-story homes. She expressed concern with the
over-powering large homes being built and requested
that the contour of the land not be changed.
Jim Swab, 3640 Adams, stated his support of
compatibility and limiting fill in single family
neighborhoods, and stressed the importance of
ensuring that only quality construction be allowed.
Council directed staff to return the issues of
height, mass and floor area ratio to Council as
soon as possible due to noticing requirements for
the matter before the Planning Commission and
Council; and
Council directed staff to return with an amendment
to the grading ordinance to restrict the amount of
grading on existing subdivided single family lots,
I with the provision that any request to exceed the
restriction would require discretionary approval
and the public hearing process.
19. AB #11,040 - CONSTRUCTION OF SINGLE FAMILY HOME AT
”-” 2873 HIGHLAND DRIVE.
Council Member Larson stated he would abstain from
the discussion and vote on this item and he left
the dais.
Tom Wood, ,325 Elm Avenue, Suite E-2, representing
the applicant, gave the background on this project,
stating the applicant did not request the level of
the house be raised, but that the City had
insisted. Now, over a year later, objections to
the height and fill have been filed. Mr. Wood
stated the time limit has passed for filing
objectiocs, and since the project meets all
regulations as of the date of the application, the
project should be allowed. Mr. Wood said the
height of the house is 27 feet.
Larry Dossey, 4103 LaPortalada, the Engineer for
the applicant, stated that the City had insisted
that the house be raised to allow for full future
improvements to Highland Drive.
35
COUNCIL \\y 5 %?$x?
MEMBERS Z. t~ Z.
Lewis
X Stanton
xx Larson
X Kulchin
X
X Nygaard
h
'. 0 0
MINUTES
February 19, 1991 Page 7 /\I\
COUNCIL %?&%& MEMBERS Z. tp Z. 8
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
John Hamphrey, 2824 Highland, spoke in opposition
to this project, stating it would block views of
the ocean.
A. J. Skotnicki, 2668 Sausalito, read a letter from
A. Mendoza, owner of 2870 Highland Drive, opposing
this project due to the adverse impact on the
neighborhood and also because it would set a
precedent. Mr. Mendoza requested that.this project
be required to conform to the other neighborhood
structures and that the building code be amended to
ensure protection against such construction in the
future.
Anne Mauch, 3425 Ridgecrest Drive, spoke in
opposition to this project due to the amount of
fill trucked in to the site. She stated the City
was not complying with the goals of the General
Plan.
Frederick Peters, 3145 Highland Drive, stated he
built his house on Highland Drive to fit in with
the contour of the land and felt all houses built
there should be required to do that.
Chris Cristie, 2895 Highland Drive, stated the sign
"Save Highland Drive" on his neighbor's house was
there because that neighbor's view was in jeopardy.
He stated his support for this project and asked
Council to give the applicant a permit to build
his home.
Dokothy Bremer, 2880 Highland Drive, s,tated she is
not concerned with the view, but with the
compatibility of this project with the
neighborhood, and asked to have the lot restored to
the original form.
Kip McBane, 269; Crest, stated this project did not
comply with all the standards, as the fill exceeded
all standards, and that the hillside ordinance
should be applied to this project.
Jim Swab, 3640 Adams, spoke in opposition to this
project which he feels is not compatible to the
City standards or General Plan requirements. He
also stated the grading exceeds the. amount-allowed.
by the hillside ordinance.
Marie Lawson, 2862 Highland Drive, stated she was
not objecting to this project because of loss of
views, but because this is an issue of maintaining
coctinuicy and character of an old and established
neightorhood.
Council accepted the staff report and requested
they be informed of the status of the project once
the environmental process is complete.
Council Member Larson returned to the dais.
34
2.
I
a 0
MINUTES
February 19, 1991 Page 8
~~
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
20. AB #11,041 - FEASIBILITY STUDY FOR FUNDING RANCHO
DEL ORO/HIGHWAY 78 INTERCHANGE.
and
21. AB #11,042 - 1991 LEGISLATIVE PLATFORM.
By one motion, Council filed the report entit.led
Feasibility Study for funding Rancho del
Oro/Highway 78 Interchange dated December 31, 1990,
prepared by NBS/Lowry; and
Adopted the proposed 1991 City Council Legislative
Platform as presented.
COUNCIL REPORTS:
Due to the lateness of the hour, Council Reports were
continued.
ADJOURNMENT :
By proper motion, the Meeting of February 19, 1991, was
adjourned at 1O:ll p.m.
Respectfully submitted,
X%* Assistant ity Clerk
Harriett Babbitt
Minutes Clerk
I
.Q? I Wd
-
COUNCIL I\/\ ?&9+%%&,
MEMBERS Z. 6 Z. 6
Lewis
X Nygaard
X Stanton
X Larson
xx Kulchin
X