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HomeMy WebLinkAbout1992-01-21; City Council; Minutes (2)2 e 0 MINUTES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 21, 1992 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALd 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, Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Reverend Father David Capuchin0 of Christ The King Orthodox Church. PLEDGE OF ALLEGIANCE was led by Council Member Larson. PRESENTATIONS: Carol Anderson presented "Flower the Skunk" representing the Encina Plant, and stated that the ground breaking for the new odor-control project at Encina would take place tomorrow. "Flower" presented a red rose to all Council Member 8. David Bradstreet, Parks and Recreation Director, presented the new "Landscape Design Manual" to the Council Members. He introduced Mark Steyaert, Park 'DeyelOpmat Coordinator, who was responsible for the work on this document. CONSENT CALENDAR: Mayor Lewis requested that Item #10 be removed from the Consent Calendar. a ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, with the exception of Item #lo, as follows: AYES : Lewis, Kulchin, Larson, Stanton and Nygaard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting . .1 1. AB #11,511 - AUTHORIZATION TO JOIN AS AMICUS IN LUCAS V. SOUTH CAROLINA COASTAL COUNCIL. Council authorized the City Attorney to join the City of Carlsbad as an amicus curiae in the case of Lucas v. South Carolina Coastal Council, U.S. Supreme Court Case No. 91-453, at the request of the League of California Cities . 99 2. AB #11,512 - APPROVAL OF FINAL MAP - CT 88-06. Council adopted RESOLUTION NO. 92-17 , approving the final map for Carlsbad Tract No. 88-06, Lewis and Elsbree. c?Y 0 e 1 73 45 1 .o 5 I.r5 9 19 19 IS January 21, 1992 Page 2 CONSENT CALENDAR: ( Continued ) 3. AB #11,513 - SETTLEMENT OF LAWSUIT - HOMES BY POLYGON V. CITY, CASE NO. N51309. Council adopted RESOLUTION NO. 92-18, approving settlement of the case, authorizing the Mayor to execute the Settlement and Release Agreement, and authorizing release of warranty bonds. 4. AB #11,514 - ABOVE GROUND ENCROACHMENT - 5430 CARLSBAD BOULEVARD - PR 4.46. Council adopted RESOLUTION NO. 92-19, approving the above-ground encroachment at 5430 Carlsbad Boulevard for the use of non-standard exposed aggregate paving between a private driveway and Carlsbad Boulevard, and approving an encroachment agreement between the City and Ray Escano. 5. AB #11,515 - ACCEPTANCE OF PREVIOUSLY REJECTED OFFER OF DEDICATION - LA COSTA HOTEL AND SPA. Council adopted RESOLUTION NO. 92-20, accepting a portion of a previously rejected street dedication on Costa del Mar Road to accommodate a future traffic signal at the intersection of Costa del Mar Road and El Camino Real. 6. AB #11,516 - APPROVAL OF 1991-92 AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND RECIPIENTS. Council adopted RESOLUTION NO. 92-21, approving 1991-92 agreements for Federal Community Development Block Grant fund recipients with Community Resource Center, Fraternity House, AIDS Foundation San Diego, and the County of San Diego Department of Health Services/Mental Services. 7. AB #11,517 - ACCEPTANCE OF IMPROVEMENTS - LA COSTA VALLEY TERRACE - CT 85-28. 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 and storm drain improvements constructed at Altisma Way and Caringa Way. 8. AB #11,518 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on' City investments as of December 31, 1991. 9. AB #11,519 - APPROVAL OF UNCONTROLLED STOCKPILE AGREEMENT FOR SDG&E POND CLOSURES - PE 2.91-15. Council adopted RESOLUTION NO. 92-23, approving the Uncontrolled Stockpile Agreement between San Diego Gas and Electric Company and the City of Carlsbad to allow the placement of an uncontrolled stockpile on a portion of the Encina Power Plant site. A3 e a January 21, 1992 Page 3 ITEM REMOVED FROM TEE CONSENT CALENDAR: 17 10. AB #11.520 - PURCHASE ORDER INCREASE AND ADDITIONAL CHANGE ORDER AUTHORIZATION FOR OCEAN STREET SCULPTURE PARK - PROJECT NO. 3346. Council Member Stanton announced that she would abstain on this item and left the dais. Staff presented a report on the matter, including a history of the process for public input on the project and the design of the project. The report also included information regarding the cost of the project and current status of the project. City Manager Ray Patchett invited the public to attend the next Arts Commission meeting, Thursday, February 6, 1992, at 4:OO p.m., in the Council Chambers, at which time this park and art work will be discussed and the public can give input. Jim Watson, 3283 Lincoln Street, spoke regarding the improvements which are changes to the original design, and stated that these could not be done without the consent of the artist, Andrea Blum. Mr. Watson asked to see copies of the information that was mailed out to the citizens on this park and stated that part of the confusion is due to the fact that most citizens do not know where the information is available. Mayor Pro Tem Kulchin asked staff to have copies of the background information available at the Arts Meeting on February 6, 1992. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92- - 24, approving an additional purchase order increase and change order authorization for the City Manager for the Ocean Street Sculpture Park, Project No. 3346. AYES : Lewis, Kulchin, Larson and Nygaard ABSTAIN: Stanton Council Member Stanton returned to the dais. PUBLIC COMMENT: A. J. Skotnicki, 2668 Sausalito Avenue, spoke of his concern with the MOA signed for the habitat conservation plan. He stated the mitigation of the coastal sage scrub should be within Carlsbad, if possible, and elsewhere only if necessary. Jim Watson, 3283 Lincoln Street, addressed Council regarding the Sculpture Park, stating that he has a petition containing 3,500 signatures requesting removal of the tall bars on the north side of the park along Carlsbad Boulevard. He asked Council to consider taking action regarding the water in the upper pool, which he feels is unsafe, as there are no rails around the pool. Mr. Watson said that the intersection at Oak and Carlsbad Boulevard will become a new spot for accidents, as it is a blind intersection and there are no crosswalks. He asked for the left turn lanes to be eliminated immediately. &!A* 0 a January 21, 1992 Page 4 PUBLIC HEARINGS: -07 11. AB #11,521 - VACATION OF A PORTION OF IMPALA DRIVE - PR 6.108. Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-25, vacating a portion of Impala Drive, subject to certain reservations. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 19 12. AB #11,501 - APPEAL OF PLANNING COMMISSION DECISION TO DENY TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 90-33/CP 90-10 - GARDALITY CONDO CONVERSION. Mayor Lewis opened the duly noticed Public Hearing at 7:07 p.m., and issued the invitation to speak. Steve Gardality, 3138 Verde Avenue, owner and developer of the property, gave a history of the project. He said the project did not meet the criteria for single family units but would meet the requirements for condos. He stated that these units are too large to rent easily as apartments and would fit better into the neighborhood as condos. Mr. Gardality said he did not feel there were circulation problems and that this project is overbuilt for apartments, and he requested approval. Jane Barry, 1840 Cacatua, stated these homes are too large for rentals and the neighbors would like these units to be condos. She also felt the yards were large enough to have their own recreation areas, eliminating the need for a common recreational area. Loren Sanders, Sr., 2837 Cacatua Street, stated he lives near this project and is concerned about the economic life of the property. He said Mr. Gardality can not rent these units for what the maintenance costs. At the present time there are some problems that need to be addressed, and with private ownership it would be easier to deal with the homeowners association. He felt property values would be increased and the City would also benefit from additional tax money. Alex Pantich, Land Space Engineering, 201 Grand, Escondido, a civil engineer representing the applicant, stated that the width of the streets could be justified. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:25 p.m. Mayor Lewis stated his concern was whether or not this project was built as condos under the old condos standards. He said he would like staff to verify when Mr. Gardality went through the process and when the standards were changed. Council Member Larson commented that the City needs to keep rental units of this type. By consensus, this item was continued to January 28, 1992, to have staff verify the dates this project was processed by the City and whether or not the standards were changed during that time. 21 0 0 January 21, 1992 Page 5 HOUSING AND REDEVELOPMENT COMMISSION: Council, adjourned to the Housing and Redevelopment Commission at 7:28 p.m., and re-convened at 7:35 p.m., with all Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:35 p.m., and re- convened at 7:37 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 39 13. AB #11,522 - ADOPTION OF REVISED INVESTMENT POLICY. ACTION: On motion by Council Member Stanton, Council adopted RESOLUTION NO. 92-26, revising the City's investment policy. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard RECESS : Mayor Lewis declared a Recess at 7:45 p.m., and Council re-convened at 7:50 p.m., with all Members present. Item #16 was taken out of order. 72 16. AB #11,525 - ESTABLISHMENT OF ONE-HOUR PARKING ZONE FOR TEN PARKING SPACES ADJACENT TO OCEAN STREET SCULPTURE PARK. Carl McWha, 3179 Carlsbad Boulevard, representing Harbor Fish South Restaurant, stated his appreciation for the consideration of the ten parking spaces for the businesses in that area. He said the businesses would benefit from this opportunity for parking spaces for their customers. ACTION: On motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-191, amending Title 10; Chapter 10.40 of the Carlsbad Municipal Code by the addition of Section 10.40.079 to designate a ONE-HOUR PARKING ZONE for five parking spaces on each side of Ocean Street at its southern terminus adjacent to the Sculpture Park. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 37 14. AB #11,523 - REVIEW OF FINAL E.I.R. FOR OLIVENHAIN ROAD WIDENING/REALIGNMENT AND FLOOD CONTROL PROJECT. Mike Gonzalez, Environmental Planner from Brian F. Mooney Associates, gave the presentation. Ruth Besecker, 6670 El Camino Real, representing Fieldstone Company, spoke in favor of certification of the E.I.R. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 92-27, recommending certification of Environmental Impact Report and adoption of Alignment No. 2 for the widening and realignment of Olivenhain Road between Rancho Santa Fe Road and El Camino Real. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard Jo * 8 m 72 72 68 58 69 63 28 28 January 21, 1992 Page 6 DEPARTMENTAL AND CITY WAGER REPORTS: (Continued) 15. AB #11,524 - ESTABLISHMENT OF NO PARKING ZONE ON CAMINO VIDA ROBLE. ACTION: On motion by Council Member Stanton, Council introduced ORDINANCE NO. NS-190, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the addition of Section 10.40.081 to declare a "NO PARKING ANYTIME" zone on both sides of Camino Vida Roble from Palomar Airport Road to El Camino Real. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 16. AB P11.525 - ESTABLISHMENT OF ONE-HOUR PARKING ZONE FOR TEN PARKING SPACES ADJACENT TO OCEAN STREET SCULPTURE PARK. This item was taken out of order. (See page 5) 17. AB #11,526 - APPOINTMENT TO CABLE TELEVISION FOUNDATION BOARD. This item was continued. 18. AB #11,504 - APPOINTMENTS TO CABLE TELEVISION FOUNDATION BOARD. This item was continued. 19. AB #11,527 - PARKS AND RECREATION COMMISSION APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92- - 8, appointing Courtney,Heineman to the Parks and Recreation Commission. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 20. AB #11,503 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. This item was continued. 21. AB #11,505 - ARTS COMMISSION APPOINTMENT. This item was continued. 22. AB #11,506 - APPOINTMENT OF SISTER CITY COMMITTEE STUDENT LIAISON. This item was continued. COUNCIL REPORTS: Council Members reported on the Meetings and activities of the Committees and Subcommittees of which they are Members. 17 0 January 21, 1992 Page 7 ADJOlmNMENT: By proper motion, the Meeting of January 21, 1992, was adjourned at 8:30 p.m., in memory of the death of Fire Chief Thompson's father this morning. Respectfully submitted, &&z Assis ant Ci y Clerk Harriett Babbitt Minutes Clerk /8