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Home My WebLink About1991-07-02; City Council; Minutes (2)a 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 2, 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 6:18 p.m. ROLL CALL was taken by the City Clerk, as follows: I Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent : None. INVOCATION was given by Father A1 Capuchino. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Kulchin. PRESENTATION: MEyor Lewis presented a Retirement Proclamation and a Plaque to Marge Failing upon her retirement from the Yuman Resources Department after 22 years of service to the City. I APPROVAL OF MINUTES: (one motion) The Minutes of the Special Meeting held June 18, 1991, were approved as presented. The Minutes of the Regular Meeting held June 18, 1991, were approved as presented. CONSENT CALENDAR: Items #5 and #7 were removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Items #5 and #7, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,22r) - AGREEMENTS FOR CONSULTANT PLAN CHECK SERVICES FOR FIELDSTONE MASTER PLANS. Council adopted RESOLUTION NO. 91-200, approving agreements between the City of Carlsbad and Helming Eitgineering, Inc., and the City of Carlsbad and FieldstoneILa Costa, for consulting services and payment of these services. 2. AB #11,221 - REJECTION OF BIDS AND AUTHORIZATION FOii RZADVERT'ISEMENT FOR BIDS FOR THE HOLLY-BRAE SEWER LINZ - PROJECT NO. 3309. """" Council adopted RESOLUTION NO. 91-201, rejecting bids a!ld authorizing readvertisement of bids for the Holly-Brae Sewer Line, Project No. 3309. 13 6 - COUNCIL I\/\ % %' % MEMBERS % %% % Lewis XX Ku 1 c h.in X X Nygaard X Stanton X Larson Lewis xx Kulchin X X Nygaard X Stanton X Larson 0 0 - July 2, 1991 MINUTES Page 2 CONSENT CALENDAR: (Continued) 3. AB #11,222 - REIMBURSEMENT AGREEMENT FOR NORTH BATIQUITOS LIFT STATION AND FORCE MAIN. Council adopted RESOLUTION NO. 91-202, authorizing the Mayor to execute a reimbursement agreement between the City of Carlsbad and Hillman Properties regarding the construction of the North Batiquitos Lift Station and Force Main. 4. AB #11,223 - ACCEPTANCE OF CERTIFIED LOCAL GOVERNMENT GRANT. Council accepted a grant of $2,000 from the State Office of Historic Preservation under the Certified Local Government (CLG) Grant Program and authorized the appropriation of funds. 5. AB #11,224 - AWARD OF CONTRACT FOR CDBG STREET AND SIDEWALK IMPROVEMENTS - PROJECT NOS. 3731, 3732 AND 3739. This item was removed from the Consent Calendar. 6. Number Not Used. 7. AB #11,239 - APPROVAL OF EXTENSION OF CONDITIONS OF APPROVAL - ARROYO LA COSTA (CT 88-3) AND RANCHO VERDE (CT 89-18). This item was removed from the Consent Calendar. 8. Number Not Used. ITEMS REMOVED FROM THE CONSENT CALENDAR: 5. AB #11,224 - AWARD OF CONTRACT FOR CDBG STREET AND SIDEWALK IMPROVEMENTS - PROJECT NOS. 3731, 3732 AND 3739. Mo Kimball, 1623 James Drive, addressed Council in support of keeping the eucalyptus tree on Oak Avenue. Kay Christiansen, 2802 Carlsbad Boulevard, representing the Carlsbad Historical Society, asked Council to keep the tree on Oak Avenue. Richard Madama, 3690 Carlsbad Boulevard, spoke in favor of retaining the tree on Oak Avenue. Girard W. Anear, 1728 Calavo Court, spoke in favor of retaining the tree on Oak Avenue. Evelyn Rozance, 3690 Carlsbad Boulevard, #B, a property owner in the area where the tree is located, urged Council to vote to keep the tree. 135 - COUNCIL I\/\ %9$%s MEMBERS 2. (I, 2. r~ e 0 July 2, 1991 MINUTES Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) Council Member Larson recommended continuing this item to determine whether the projects could be separated on the bid. He said the main concern is safety. He suggested staff look at the possibility of closing the alley or making it one- way. He also stated he would like a professional opinion on the damage that might occur should the gutter invade the root zone of the tree; and a reconsideration of the engineering criteria on the drainage situation to consider an alternate design. Council Members Kulchin, Stanton and Nygaard concurred. Council continued this item to July 23, 1991, and directed staff to consider the recommendations made by Council Member Larson. 7. AB #11,239 - APPROVAL OF EXTENSION OF CONDITIONS OF APPROVAL - ARROYO LA COSTA (CT 88-3) AND RANCHO VERDE (CT 89-18). Doug Avis, Fieldstone Company, 6670 El Camino Real, stated that staff had recommended an extension to September, but in reality it would not be completed by then and another extension would be needed. He asked Council to grant an extension through the end of the year. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 91-210, approving an extension to Cocdition No. 98 of Resolution No. 90-258; as amended to reflect a December 31, 1991, expiration. RESOLUTION NO. 91-211, approving an extension to Condition No. 1 of Resolution No. 90-274, as amended to reflect a December 31, 1991, expiration. PUBLIC COMMENT: There were no requests to address Council at this time. ORDINANCES FOR ADOPTION: 9. AB #11,229 - ADOPTION OF ORDINANCES CONSOLIDATING WATER OPERATIONS. Council adopted the following Ordinances: (one motion) ORDINANCE NO. NS-159, amending Title 2, Chapters 44.030 and 48.030 by amendments of various sections to add Management Classifications of the Carlsbad Municipal Water District. ORDINANCE NO. NS-160, amending Title 2, Chapters 12.035 and 14.050, Title 3, Chapter 28.04, by amendment to reflect the added responsibility of the Carlsbad Municipal Water District to the City Manager, City Attorney and Purchasing Officer classifications. 13Y - i COUNCIL /\I\ %?$$%)e MEMBERS .Z. 8 2. $ Lewis X Kulchin X X Nygaard X Stanton xx Larson Lewis Kulchin xx X Nygaard X Stanton X Larson X Lewis Kulchin X X Nygaard X Stanton xx Larson X m e I MINUTES July 2, 1991 Page 4 ORDINANCES FOR ADOPTION: (Continued) 10. AB #11,237 - ADOPTION OF ORDINANCE REGARDING SURPLUS CITY PROPERTY. Council adopted the following Ordinance: ORDINANCE NO. NS-154, amending Title 3, Chapters 3.29 and 3.30 of the Carlsbad Municipal Code by the amendment of Sections 3.29.040 and 3.30.020 to revise the procedures of surplus City property and lost and unclaimed property. 11. AB 811,238 - ADOPTION OF ORDINANCES - COMMUNITY FACILITIES DISTRICT NO. 1. Council adopted the following Ordinances: (one mot ion ) ORDINANCE NO. NS-155, authorizing the levy of a special tax in a Community Facilities District. ORDINANCE NO. NS-156, amending Title 5, Chapter 5.09, of the Carlsbad Municipal Code by the amendment of Section 5.09.040 to provide for a credit against the Additional License Tax on new construction for properties participating in Community Facilities District No. 1. ORDINANCE NO. NS-157, amending Title 20, Chapter 20.08 of the Carlsbad Municipal Code by the amendment of Section 20.08.140 to provide for a credit against the Bridge and Thoroughfare Benefit District for properties participating in Community Facilities No. 1. ORDINANCE NO. NS-158, amending Title 18, Chapter 18.42, by the amendment of Section 18.42.050 of the Carlsbad Municipal Code to provide for a credit against the Traffic Impact Fee for properties participating in Community Facilities District No. 1. PUBLIC HEARINGS: 12. AB #11,226 - MASTER PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP AND HILLSIDE DEVELOPMENT PERMIT FOR AVIARA PLANNING AREA 24 - MP-l771DI/LCPA 90-6/CT 90-15/HDP 90-20. Mayor Lewis opened the duly noticed Public Hearing at 7:22 p.m., and issued the invitation to speak. Larry Clemens, representing Hillman Properties, 2011 Palomar Airport Road, Suite 206, Carlsbad, requested approval. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:40 p.m. / 33 - COUNCIL /\I\ % %' % MEMBERS % $% $ Lewis xx Kulchin X X Nygaard X Stanton x Larson Lewis xx Kulchin X X Nygaard X Stanton X Larson - 0 0 MINUTES July 2, 1991 Page 5 PUBLIC HEARINGS: (Continued) Council directed the City Attorney to prepare documents approving the Mitigated Negative Declaration, CT 90-15, LCPA 90-6 and HDP 90-20 and introduced the following Ordinance: ORDINANCE NO. NS-161, amending Ordinance No. 9839 and Master Plan 177 to allow changes in the development standards and design guidelines for Planning Area 24 and to change permitted residential lot sizes from small lot single family to single family (minimum 7,500 sf) within Planning Area 24. The property is located at the southeast corner of the Alga Road/Poinsettia Lane intersection. 13. AB #11,227 - 1992 SEVEN-YEPR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM. Mayor Lewis opened the duly noticed Public Hearing at 7:51 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council adopted the following Resolution: RESOLUTION NO. 91-205, adopting the seven-year Transnet Local Street and Road Program of Projects and the Combined Road Plan Projects for fiscal years 1993 through 1999. RECESS : Mayor Lewis declared a Recess at 7:53 p.m., and Council re-convened at 8:OO p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #11,228 - PROPOSITION C MANDATED REGIONAL GROWTH MANAGEMENT STRATEGY. Council received a presentation by SANDAG staff on the Draft Regional Growth Management Strategy. 15. AB #11,230 - AGREEMENTS FOR DESIGN OF IMPROVEMENTS TO THE POINSETTIA LANE/I-5 INTERCHANGE - PROJECT NO. 3269. Council adopted the following Resolutions: (one mot ion) RESOLUTION NO. 91-206, approving a consultant agreement with Boyle Engineering Corporation for the design of the Poinsettia LaneIInterstate 5 Interchange, Project No. 3269. RESOLUTION NO. 91-207, approving an agreement with Aviara for funding, mitigation and reimbursement for the Poinsettia LaneIInterstate 5 Interchange, Project No. 3269. I32 7 c COUNCIL I\/\ ?? %' % MEMBERS % s% s Lewis xx Kulchin X X Nygaard X Stanton X Larson Lewis xx Kulchin X X Nyyaard X Stanton X Larson Lewis xx Kulchin X X Nygaard X Stanton X Larson -r 0 0 MINUTES July 2, 1991 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 16. AB #11,231 - APPROVAL OF BUILDING ELEVATIONS FOR THE PRICE CLUB DISCOUNT STORE - SDP 90-5. Bill Hofman, 2386 Faraday Avenue, Ste. 120, representing the Price Company, requested Council adopt the resolution of approval at tonight's meeting rather than bringing back the documents next week. He explained that their application has been entered with the Coastal Commission, but their staff will not process the application until all the approval documents are in hand, including the one tonight. Assistant City Attorney Ron Ball explained that a draft resolution had been reviewed and approved as to form. Council Member Larson stated he favored bringing back the documents next week, which is the normal procedure. Mayor Pro Tem Kulchin concurred. Council agreed to change procedure and allow a vote to consider adoption of the resolution tonight. Staff distributed copies of the draft Resolution to Council. Council approved the following Resolution: RESOLUTION NO. 91-212, approving the revised building elevations for Site Development Plan SDP 90-5. 17. AB #11,232 - SAN DIEGO COUNTY BOARD OF SUPERVISORS POLICY F-44 - MCCLELLAN-PALOMAR AIRPORT. After discussion, Council indicated their support for the revised Board of Supervisors' Policy F-44, with the following changes: 1. Modify the Background Section of the Policy to read as follows: "McClellan-Palomar Airport has become the busiest County-owned airport facility with more take-offs and landings than any other civilian airport in the San Diego region. The development of land adjacent to the Airport has restricted the Airport to a single 4,700 foot runway, and a capacity for 665 based aircraft. Taxiway configuration limits the weight of aircraft utiliziq the facility Lo a maximum of 60,000 pounds. There is a need to insure that residential and commercial land uses around the Airport and Airport operations remain compatible." 2. Deletion of the second sentence in Policy Statement #3. /3/ - \ COUNCIL MEMBERS Lewis Kulchin Larson Stanton Nygaard Lewis Kulchin Larson Stanton Nygaard Lewis Kulchin Larsorl Stanton Nygaard xx X X X X xx X X X X X X X xx X m 0 MINUTES July 2, 1991 Page 7 I\/\ COUNCIL % %&%& MEMBERS Z. @ Z. @ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 18. AB #11,233 - AGREEMENT WITH SDG&E TO PARTICIPATE IN THE COMPRESSED NATURAL GAS ALTERNATIVE FUEL DEMONSTRATION PROGRAM. Council adopted the following Resolution: X Nygaard participation for 90 days. X Stanton the alternative fuel program; amended to reflect X Larson RESOLUTION NO. 91-208, authorizing participation in xx Kulchin X Lewis Item 21 was taken out of order at this time. 21. AB #11,235 - INSTALLATION OF STOP SIGNS ON PONTIAC DRIVE. Mayor Pro Tem Kulchin stated she had reviewed the Minutes of the meeting of June 11, and reviewed the material on this matter and was qualified to vote at this time. Council introduced the following Ordinances: (one X Lewis motion) Kulchin X Nygaard 10.28 of the Carlsbad Municipal Code by the X Stanton ORDINANCE NO. NS-163, amending Title 10, Chapter xx Larson X addition of Section 10.28.410 requiring stops on Pontiac Drive at Spokane Way. ORDINANCE NO. NS-164, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.420 requiring stops on Pontiac Drive at Victoria Avenue. 19. AB #11,213 - DEVELOPMENT OF CITY PROCUREMENT POLICY. Council directed staff to develop a City that this be printed on the products when feasible. xx Nygaard when products purchased are from recycled materials X Stanton Memorandum dated April 15, 1991, and to add that X Larson include the items in Council Member Nygaard's X Kulchin procurement policy regarding recycled materials to X Lewis 20. AB #11,234 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON CAR COUNTRY DRIVE. Council introduced the following Ordinance: X Nygaard addition sf Section 10.44.370 to establish a prima X Stanton 10.44 of the Carlsbad Municipal Code by the X Larson ORDINANCE NO. NS-162, amending Title 10, Chapter xx Kulchin X Lewis facie 35 mile per hour speed limit upon Car Country Drive from Cannon Road to Paseo Del Norte. 21. AB #11,235 - INSTALLATION OF STOP SIGNS ON PONTIAC DRIVE. This item was taken out of order. I30 m e MINUTES July 2, 1991 Page 8 . DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 22. AB #11,196 - BEACH EROSION COMMITTEE APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 91-178, appointing Robert Meyer to the City of Carlsbad Beach Erosion Committee. 23. AB #11,236 - SISTER CITY COMMITTEE APPOINTMENT.- This item was continued one week. COUNCIL REPORTS: Council Members reported on recent meetings and activities of the committees and subcommittees of which they are Members. ADJOURNMENT : By proper notion, the Meeting of July 2, 1991, was adjourned at 9:34 p.m. Respectfully submitted, w Re- ALETHA L. FZAUTENRRANZ City Clerk Harriett Babbitt Minutes Clerk I IA? - COUNCIL I\/\ % y+%?&, MEMBERS Z. tp Z. tp Lewis X Nygaard X Stanton X Larson X Kulchin xx