HomeMy WebLinkAbout1991-05-14; City Council; Minutes (2)-
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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.
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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.
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May 14, 1991 Page 3
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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.
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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
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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. ,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.
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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.
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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,
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ALETHA L. RAUTENKRANZ
City Clerk
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Harriett Babbitt
Minutes C1 erk
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