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HomeMy WebLinkAbout1991-05-14; City Council; Minutes (2)- 1. 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 14, 1991 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers CALL TO ORs: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent : None. PRESENTATIONS: Mayor Lewis read a Proclamation for Peace Officers' Memorial Day and Police Week. The Proclamation was accepted by Police Chief Vales. Tim Murphy, of Elite Racing, thanked everyone in Carlsbad for their cooperation during the Carlsbad 5000 and he presented a lithograph to each Council Member to commemorate the race. APPROVAL OF MINUTES: (one motion) Minutes of the Special Meeting held April 23, 1991, were approved as presented. Minutes of the Regular Meeting held April 23, 1991, were approved as presented. Minutes of the Special Meeting held May 6, 1991, were approved as presented. Minutes of the Special Meeting held May 6, 1991, were approved as presented. CONSENT CALENDAR: Mayor Lewis removed Items #5 and f6 from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Items #5 and #6, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,148 - SETTLEMENT OF LAWSUIT - KELLY V. CITY OF CARLSBAD - N45613. Council adopted RESOLUTION NO. 91-142, authorizing the expenditure of funds for settlement of the lawsuit entitled Kelly v. City of Carlsbad, Case No. N45613. I 9Y -.. COUNCIL I\/\ % %' % MEMBERS % $% % Lewis xx Kulchin X X Nygaard X Stanton X Larson Stanton X Stanton X Stanton X Lewis xx Kulchin X X Nygaard X Stanton X Larson 0 0 MINUTES - May 14, 1991 Page 2 CONSENT CALENDAR: (Continued) 2. AB #11,149 - STATE - LOCAL PARTNERSHIP PROGRAM FUNDING AGREEMENT FOR MONROE STREET. Council adopted RESOLUTION NO. 91-143, authorizing the Mayor to execute certain agreements to receive State-LocaS Partnership Program funds for the Monroe Street improvements. 3. AB #11,150 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT. Council adopted RESOLUTION NO. 91-144, adopting annual. benefit assessments for the Buena Vista Channel Maintenance District benefit area. 4. AB #11,151 - CONTRACT FOR A3MINISTRATION AND EMPLOYMENT SERVICES - CARLSBAI, HIRING CENTER. Council adopted RESOLUTION NO. 91-145, awarding the contract for the Hiring Center administrative and employment services to San Diego County SER/Jobs for the period beginning May 20, 1991, and ending November 20, 1991. ITEMS REMOVED FROM THE CONSENT CALENDAR: 5. AB #11,152 - NOTICE OF COMPLETION - HOLIDAY PARK PHASE 11, PROJECT NO. 3314. Council adopted the following Resolution: RESOLUTION NO. 91-146, accepting public street and picnic area improvements associated with Holiday Park Phase JI Project as complete and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinance;. 6. )\B #I58 - MELLO-ROOS ELECTION RESULTS. Anne Mauch, Ridgecrest Drive, read a letter from PROJECT FUTURE dated May 14, 1991, asking the Council to defer all action pursuant to the establishment of Mello-Roos Citywide Community , Facilities District #1 in the City of Carlsbad. Council adopted the following Resolutions: RESOLUTION NO. 91-148, declaring the results of a "Mello-Roos Community Facilities Act of 1982" Special Tax and Bond Authorization Election. """ RESOLUTION NO. 91-142, authorizing the creation of the Community Facilities District No. 1 Fund and the transfer of expenditures from the General Fund, and authorizing a loan of funds to the Community Facilities District No. 1. 93 - COUNCIL /\I\ 3 %$ % MEMBERS % %% % Lewis X Kulchin, xx Larson Stanton X X Nygaard X Lewis X NygsarS X Stanton X Larson xx Kulchin X I-ewi s xx Kulchin x Larson X Stanton X Nygaard X e e MINUTES May 14, 1991 Page 3 1 f PUBLIC COMMENT: Alvin Stillwell, 3170 Madison, stated there is a problem with boombox noise in the area where he lives. He asked the City to implement an ordinance to regulate the boomboxes . Ben Crume, 3170 Madison, stated the noise from the boomboxes is causing stress to the residents in that area. City Manager Ray Patchett stated that the State standards can be enforced by our Police officers. ~ PUBLIC HEARINGS: I 7. AB #11-144 - APPEAL OF PLANNING COMMISSION DECISION DENYING AN ADMINISTRATIVE VARIANCE - AV 90-5 - FLAMING. Mayor Lewis opened the duly noticed Public Hearing at 6:14 p.m., and issued the invitation to speak. Don Agatep, Planning Consultant, 2956 Roosevelt, representing Mr. Flaming, explained the history of the item and requested approval of the appeal and Variance. In response to Council query, Rodger Flaming, 2815 Wilson Street, stated he was not aware of the setbacks, but was aware he had to have a permit to build the garage. Brad Brandro, 2803 Wilson Street, owner of the property north of Mr. Flaming's property, said he was going through all the applications for a similar variance, which was denied. Therefore, if Flaming's appeal is granted, it will set a precedence. Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 6:41 p.m. Council directed the City Attorney to prepare documents denying the appeal and upholding the denial of Administrative Variance 90-5. I CiZ - COUNCIL /\I\ 3 %' % MEMBERS % $% $ Lewis X Nygaard X Stanton X Larson xx Kulchin X i 0 a MINUTES c May 14, 1991 Page 4 PUBLIC HEARINGS: (Continued) 8. AB #11,153 - TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT - CT 90-4/HDP 89-50 - TIERRA SANTA FE. Mayor Lewis opened the duly noticed Public Hearing at 7:OO p.m., and issued the invitation to speak. Mike Howes, Hofman Planning Associates, representing the applicant, gave a history of the project and added that they would comply with any water conditions that are in effect at the time of building permits. Doug Jensen, Broodmoor Pacific, Inc., 5405 Oberlin Drive, San Diego, explained their recommendation to have the slopes maintained by the individual homeowners. The fencing would be at the top of the slopes, with easily maintained landscaping to be installed to avoid a checkerboard effect from the road. There would be deed restrictions prohibiting structures placed in the slope area. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:09 p.m. Council Members discussed the desirability of a homeowners association with CC&R's to resolve the issue of the maintenance of the slopes. The Public Hearing was re-opened at 7:17 p.m., to allow the following speakers. Nick Banche, 810 Mission Avenue, stated that the applicant would accept a condition of a homeowners association. Doug Jensen, Broadmoor Pacific, stated they were willing to have a homeowners association and work with staff to resolve the issue of the slopes. Mayor Lewis closed the Public Hearing at 7:20 p.m. Council determined that Condition W3 in the Memorandum dated February 6, 1991, from the Planning Department to the Planning Commission, should be substituted for the condition in the Planning Commission's approval. Council directed the City Attorney to prepare documents approving the Negative Declaration, CT 90-4 and HDP 89-50, and to substitute Condition #3 €or Condition #65 in Planning Commission Resolution No. 3142, as follows: "The applicant shall establish a homeowners' association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. It 91 " - COUNCIL I\/\ % %% % MEMBERS % 0% 0 Lewis Kulchin X xx Nygaard X Stanton X Larson X 0 a MINUTES v May 14, 1991 Page 5 ~ ~~~~ ~ MUNICIPAL WATER BOARD: r Council adjourned to the Municipal Water Board at 7:20 p.m., and re-convened at 8:05 p.m., with all Members present. HOUSING AND REDEVELOPMEEPT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:05 p.m., and re-convened at 8:08 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. &#11,154 - APPEAL OF NEGATIVE DECLARATION FOR CONSTRUCTION OF SINGLE FAMILY HOME AT 2873 HIGHLAND DRIVE (PE 2.89.611. Council Member Larson stated he would abstain from the discussion and vote on this item due to a potential conflict of interest and he left the dais. Anne Mauch, Ridgecrest Drive, asked Council to request a second opinion from an outside consultant requiring a thorough and formal EIR on the application for a single family home at 2873 Highland Drive, with special attention to the provisions of CEQA on residential infill. Jim Swab, 3640 Adams Street, spoke in opposition to this application, showing photographs of the lot before and after fill was brought in. Wayne Brechtel, 380 Stevens Avenue, Solana Beach, representing Jim Swab and Local residents, spoke in opposition to this application, stating the environmental review had ignored the obvious impacts of this proposed structure. John Humphrey, 2824 Highland Drive, stated he concurred with the other speakers, and was concerned about the bulk of the structure. Betty Taylor, 4240 Clearview, stated no one is guaranteed a view, but felt this structure would not be compatible with the existing homes. William Pierce, 2870 Highland Drive, concurred with the previous speakers, stating he would hate to see the blending of the houses in the neighborhood destroyed by this structure. 90 COUNCIL /\I\ %?&\ MEMBERS 6 8 6 8 0 0 MINUTES c May 14, 1991 Page 6 ~ ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Tom Wood, 2130 Janis Way, representing Mr. Doan, presented a petition with 144 signatures requesting approval of staff's recommendation. He requested approval. Council adopted the following Resolution; and directed staff to issue the permits necessary to complete the construction: RESOLUTION NO. 91-147, approving a Negative Declaration for the grading and construction of a single family home at 2873 Highland Drive. RECESS : Mayor Lewis declared a Recess at 9:00 p.m., and Council re-convened at 9:09 p.m., with all five Members present. 10. AB #11,159 -'REGIONAL AIRPORT SITE SELECTION. Kenneth Sulzer, Executive Director, SANDAG, presented an overview on the Airport Site Selection process and current status. 11. AB #11,155 - AMENDMENT OF MUNICIPAL CODE REGARDING DATE AND TIME OF STREET CLOSURES. Council introduced the following Ordinance: - ORDINANCE NO. NS-148, amending Title 8, Chapter 8.17 of the Carlsbad Municipal Code by the amendment of Section 8.17.150 to revise the regulation for closure of streets during special events . 12. AB #11,156 - HEAD START CHILD CARE PROGRAM SITE LOCATION. Lillian Castillo, Area Coordinator for the Neighborhood House Association, 157 Valley Parkway, Escondido, explained about their child care program and asked for Council's help in locating a site to build a center. Council directed staff to assist the Head Start representatives in identifying a potential site for a child care program. 13. AB #11,157 - SAN MARCOS INCINERATOR WATER AND SEWER ISSUES. Council directed staff to investigate the availability of water and sewage treatment capacity for the San Marcos incinerator and to return with a report. " 8"f - COUNCIL I\/\ %9$~%+ MEMBERS .;t tp .;t tp Lewis X Nygaard X Stanton X Larson xx Kulchin X Lewis X Nygaard X Stanton X Larson xx Kulchin X Lewis xx Nygaard X Stanton X Larson X Kulchin X Lewis xx Nygaard X St ant on X Larson X Kulchin X ., 0 MINUTES - May 14, 1991 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 14. AB #11,088 - PALOMAR AIRPORT ROAD AND 1-5 INTERCHANGE IMPROVEMENTS. A. J. Skotnicki, 2668 Sausalito Avenue, spoke in protest to the adoption of Resolution No. 91-98. This item was continued to June 18, 1991. 15. AB #11,075 - SISTER CITY COMMITTEE APPOINTMENTS. Council adopted the following Resolution: RESOLUTION NO. 91-91, appointing Pat O'Day to the Sister City Committee. 16. AB #11,077 - DESIGN REVIEW BOARD APPOINTMENTS. This item was continued-to.May 22, 1991. COUNCIL REPORTS : Due to the late hour, Council Reports were continued. ADJOURNMENT : By proper motion, the Meeting of May 14, 1991, was adjourned at 9:58 p.m. Respectfully submitted, -2g- ALETHA L. RAUTENKRANZ City Clerk I Harriett Babbitt Minutes C1 erk 88 - COUNCIL I\/\ % %% % MEMBERS % %% % Lewis X Nygaard X Stanton X Larson X Kulchin xx