HomeMy WebLinkAbout1992-05-19; City Council; Minutese m
MINUTES OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 19, 1992
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Council Members Nygaard, Stanton, Larson and Mayor
Lewis.
Absent: Mayor Pro Tem Kulchin.
INVOCATION was given by Rabbi Eilfort of the Chabad La Costa Center.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
PRESENTATION:
Mayor Lewis presented a Proclamation to Police Chief Vales for BUCKLE UP
AMERICA WEEK.
APPROVAL OF MINUTES:
On motion by Council Member Larson, the Minutes of the following Meetings were
approved as presented:
Minutes of the Regular Meeting held April 28, 1992. Minutes of the Special Meeting held May 5, 1992. Minutes of the Regular Meeting held May 5, 1992. Minutes of the Special Meeting held May 6, 1992. Minutes of the Regular Meeting held May 12, 1992.
AYES : Lewis, Larson, Stanton and Nygaard
ABSTAIN: Larson (May 6, 1992, Minutes)
CONSENT CALENDAR:
Mayor Lewis removed Item #4 from the Consent Calendar.
ACTION: On motion by Council Member Larson, Council affirmed the action of the Consent Calendar, with the exception of Item f4, as follows:
AYES: Lewis, Larson, Stanton and Nygaard
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
i 1. AB #11,684 - APPROVAL OF CONTRACT FOR SPEEDY COPY SERVICE.
Council adopted RESOLUTION NO. 92-130, accepting the bid proposal of
Premier Image and approving an agreement for Speedy Copy Service (on
recycled paper) for a period of one year, commencing July 1, 1992, through June 30, 1993, with the option to renew for two additional one(1)-year periods.
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CONSENT CALENDAR: (Continued)
2. AB #11,685 - APPROVAL OF CONTRACT FOR BLUEPRINTING SERVICE.
Council adopted RESOLUTION NO. 92-131, accepting the bid proposal of North County Blueprint Company, Inc., and approving an agreement for annual blueprint service for a period of one year, commencing July 1,
1992, through June 30, 1993, with the option to renew €or two additional
one(1)-year periods.
3. AB #11,686 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - NORTH BATIQUITOS FORCE MAIN REPAIR - PD NO. 350 - AVIARA.
Council accepted the improvements and authorized the City Clerk to
record the Notice of Completion and release bonds, and directed the
Carlsbad Municipal Water District to commence maintaining the public
sewer force main improvements constructed at Batiquitos Drive near 1-5.
4. AB #11,687 - REQUEST FOR OUT-OF-STATE TRAVEL TO TOUR RECYCLING FACILITIES.
This item was removed from the Consent Calendar.
5. AB #11,688 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS.
Council adopted RESOLUTION NO. 92-134, approving the Buena Vista Channel Maintenance District annual benefit assessments.
6. AB #11,689 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on City investments as of April 30, 1992.
7. AB #11.690 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - AVENIDA ENCINAS STREET WIDENING - PD NO. 384.
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 improvements constructed at Avenida Encinas and Palomar Airport Road.
8. AB #11,692 - PALOMAR AIRPORT ROAD EAST FINANCING - (LFMP ZONE 5).
Council adopted RESOLUTION NO. 92-136, authorizing the release of funding guarantees from various property owners in Zone 5 for the
construction of Palomar Airport Road East, and directing staff to
replace the guarantees with TRANSNET funds designated for Palomar
Airport Road.
9. AB #11,691 - ADDITIONAL APPROPRIATION FOR THE HOLLYBRAE/ALDER SEWER LINE - PROJECT NO. 3309.
Council adopted RESOLUTION NO. 92-135, appropriating additional
contingency monies in the amount of $30,000 and authorizing the City
Manager to approve additional change orders up to the cumulative amount of the available contingency funds ($36,682).
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ITEM REMOVED FROM THE CONSENT CALENDAR:
I 4. AB #11.687 - REQUEST FOR OUT-OF-STATE TRAVEL TO TOUR RECYCLING
FACILITIES.
Mayor Lewis recommended that only one Council Member and one staff person tour the Seattle, Washington, recycling and landfill sites in June, and that Council Member Nygaard be the Council Member selected.
ACTION: On Motion by Mayor Lewis, Council adopted RESOLUTION
NO. 92-133, as amended, authorizing out-of-state travel to Seattle, Washington, for one Council Member (Council Member Nygaard) and one staff person to tour recycling facilities.
AYES : Lewis, Larson, Stanton and Nygaard
PUBLIC COMMENT:
June Anderson, 3350 Valley Street, spoke in opposition to the construction at 5480 Carlsbad Boulevard. She stated there is a two-story apartment duplex being built on the rear property line three feet from the side wall that is not in conformance with setback requirements in Carlsbad.
Wayne Brechtel, 380 Stevens Avenue, on behalf of Charles and Arletta Raymond, stated that the construction at 5480 Carlsbad Boulevard is in violation of the
City's zone code setback requirement, and presented photographs of the building. (Photos not given to Clerk) He read from a letter, dated May 13, 1992, written to the City Manager requesting removal of the structure.
Charles Henry, 5501 Los Robles, who lives next to the Raymonds, spoke in opposition to the construction of the duplex being built at 5480 Carlsbad Boulevard, stating the residents of Terramar are enraged about the construction. He stated he has a petition with 164 signatures opposing this construction. (Petition not given to Clerk)
Mayor Lewis stated that the next speaker, Mr. McNaughton, had discussed this problem with him, and he suggested Mr. McNaughton contact the Coastal Commission regarding the matter.
Doug McNaughton, 3100 Ocean Street, stated he owns a nine-unit building at Oak and Ocean Streets. He stated that there had been a fire at 3083-3085 Ocean
Street, and the owner there is now rebuilding and raising the roof height 18 inches. He stated his view rights have been violated and asked that the construction be stopped.
Mike Holzmiller, Planning Director, stated the Coastal Commission is checking this matter out. However, he stated that this re-construction is within City standards €or building height and there are no regulations regarding view rights .
City Manager Ray Patchett stated the top of the roof of the building at 3083- 3085 Ocean Street was 25 feet previously, and it will be 28 feet when the building is re-built. He added that the City height limit is 30 feet.
Mike Holzmiller stated that the construction at 5480 Carlsbad Boulevard is allowed under current City standards, as there is no kitchen, is being built as a guest house and cannot be rented. He indicated that staff has requested a letter from the owner acknowledging this, but that letter has not been received at this time. He stated that occupancy will not be approved until
the owner complies with the request for a letter of acknowledgement.
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PUBLIC COMMENT: (Continued)
Council Member Larson recommended that Council request a report regarding changing City standards to prevent this type of construction in the future. Council Members concurred they would like staff to report on changing the City standards with regard to structures of this type and compatibility with existing neighborhoods, including an interim ordinance.
PUBLIC HEARING:
7 10. AB #11,655 - RANCHO SANTA FE ROAD ENVIRONMENTAL IMPACT REPORT - EIR 91-1.
Mayor Lewis opened the duly noticed Public Hearing at 7:29 p.m., and issued the invitation to speak.
Doug Avis, Fieldstone Company, asked for certification of the EIR, and concurred with the staff and Planning Commission recommendation. Mr. Avis stated that Fieldstone's goal is to implement the HCP (Habitat Conservation Plan). He added that the mitigation plan satisfies CEQA requirements, includes a significant increase in open space, and requires the acquisition of a large parcel in the San Dieguito River Valley for off s ite mitigation.
Mr. Avis stated that there can be no transfer of density, as there is a fixed number of units that Fieldstone can build. He indicated that they therefore believe that there will be a loss of density as a result of the present plan and also a loss of impact to public facilities.
Inez Yoder, 7738 Madrilena, speaking for the Buena Vista Audubon Society, stated that they support the HCP. She read from a letter from
the Shoreline Study Center, dated May 19, 1992, commending the parties involved for minimizing adverse effects on the habitat, and stating that Section 15096 Sub Section 62 and 15126 Sub Section C of CEQA Guidelines intimates that the mitigation plan be presented in the final EIR before certification.
Dolores Welty, 2076 Sheridan Road, Leucadia, referred to written comments, dated May 19, 1992, which she gave to staff for inclusion in the record. She stated that she favors the HCP agreement to keep the gnatcatcher habitat within the City, and favors multi species emphasis. She expressed concern about approving the EIR without a written HCP included in it. She also expressed concern with the process and that mass grading would be allowed on land that may be undeveloped for ten years.
Frank Carr, 7253 Esfera, expressed concern that this project may be drawn out another eight or ten years, and expressed his hope that the realignment gets under way as soon as possible.
Sandra Bernstein, 3354 Del Rio Court, stated she was concerned about the development for many reasons. She stated there would be an increase in pollution and degradation of health standards, including air quality. She also stated there will be historical consequences from this project.
A gentleman from Solana Beach expressed concerns about the thin corridors for the habitat, stating they could be degraded very fast. Also, he said the animals will not use the corridors. He stated that the edges of the corridors are greatly damaged through development.
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PUBLIC HEARING: (Continued)
Tom Stripe, 3345 Fosca Street, stated that the realignment of Rancho Santa Fe Road has been worked on for six years, and that he feels that a reasonable solution has been reached. He added that this road is very dangerous and that time is of the essence in getting it realigned.
Doug Avis, Fieldstone, spoke in rebuttal, stating they will press ahead as quickly as possible to get the HCP executed. He explained that the HCP will have to go through its own environmental process, that the main corridor is 1,000 feet wide at minimum and expands to 1,600 feet, and that Fieldstone has to establish two pair of gnatcatchers in each corridor. Mr. Avis stated there will be no grading until the project is implemented, and it will remain in its natural state until then.
Mr. Avis acknowledged MAG Properties, and stated they have worked on this project with Fieldstone and represent 25 percent of the effort.
Mayor Lewis closed the Public Hearing at 8:02 p.m.
RECESS :
Mayor Lewis declared a Recess at 8:03 p.m., and Council re-convened at 8:13 p.m., with four Members present and Mayor Pro Tern Kulchin absent.
ACTION: On motion by Council Member Larson, Council directed the City Attorney to prepare documents certifying EIR 91-1, based on the findings and subject to the conditions contained in Planning Commission Resolution No. 3371, including a statement of overriding considerations, and amended to include the following two additional conditions as contained in the memo, dated May 18, 1992, from the Planning Director:
1. "If an HCP is completed, including environmental review under the provisions of the California Environmental Quality Act and the National Environmental Protection Act, and approved by the City, Fish & Wildlife Service (FWS) and Department of Fish & Game (DFG) prior to the implementation of the Mitigation Plan presently contained in the EIR, the HCP may be implemented as an alternative Mitigation Plan. Such an alternative plan would also have the effect of
reducing biological impacts to a level of insignificance."
2. "All interested parties are desirous of completing and implementing the HCP alternative. Therefore, grading permits shall not be issued for the project for a period of
at least 60 days from Council certification of the EIR. An
extension to this time period may be authorized by the Planning Director and City Engineer."
AYES : Lewis, Larson, Stanton and Nygaard
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 8:16 p.m., and re- convened at 8:20 p.m., with four Members present and Mayor Pro Tern Kulchin absent.
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HOUSING AND REDEVELOPMEErm COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 8:20 p.m., and re-convened at 9:17 p.m., with four Members present and Mayor Pro Tem Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB #11,693 - GROWTH MANAGEMENT FINANCING PLAN FOR LOCAL FACILITIES
MANAGEMENT ZONES 11 AND 12.
Dolores Welty, 2076 Sheridan Road, Leucadia, spoke in opposition to this financing plan, stating it was contrary to the spirit of the Growth Management Plan.
ACTION: On motion by Council Member Larson, Council adopted RESOLUTION NO. 92-137, approving a public facilities financing plan for Local Facilities Management Zones 11 and 12.
AYES : Lewis, Larson, Stanton and Nygaard
12. AB #11,694 - BEACH LIFEGUARD REOUEST.
Tony Howard-Jones, 2748 Waterbury Way, owner of the Best Western Beach Terrace Inn, stated that the portion of the beach from Oak St. north to the Buena Vista Lagoon is being used more and more by the general public. He spoke in favor of the request to provide some type of lifeguard services, as he said it would save lives.
Geoff Bell, 3686 Highland Dr., spoke in favor of the lifeguard protection, and suggested that provision be made for surfing areas during the daytime in the summer. He said the surfers and swimmers are using the same area, and this is a dangerous situation. He said he did not favor the use of jet skis, due to the smell and noise they create.
Pete Biltchik, 352 Christiansen Way, read a statement from David Castner in support of the recommendation for a seasonal jet ski and vehicular beach patrol. Mr. Biltchik stated that this is a health and safety issue, and the city should spend the additional money to provide the service.
ACTION: On motion by Mayor Lewis, Council denied the request from the Parks and Recreation Commission to immediately establish a seasonal jet ski and vehicular beach patrol and provide a lifeguard program on the beach area from Oak Street north to the mouth of the Buena Vista Lagoon; directed that the matter be brought back next year during the budget process and be incorporated into the Parks and Recreation Program; and directed staff to include a report on the matter of shared liability with the State.
- AYES : Lewis, Stanton and Nygaard
m: Larson
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Item #14 was taken out of order.
1 14. AB #11,696 - JOINT POWERS AUTHORITY FOR SOLID WASTE ISSUES.
ACTION: On motion by Council Member Nygaard, Council approved in concept the formation of a "North County Solid Waste
Management Agency" Joint Powers Authority, and directed
staff to work with north county cities to develop a mission
statement and goals and objectives for the proposed Joint Powers Authority and return to Council for consideration of the mission statement, goals and objectives and final approval of the Joint Powers Authority.
AYES : Lewis, Larson, Stanton and Nygaard
Due to the lateness of the hour, the following Items were continued.
I 13. AB #11,695 - FOREST CONSERVATION INITIATIVE.
12 15. AB #11,697 - REVISION OF PRIMA FACIE SPEED LIMIT ON HOSP WAY.
I 16. AB #11,698 - BEACH EROSION COMMITTEE APPOINTMENT.
I 17. AB #11,699 - CARLSBAD PERSONNEL BOARD APPOINTMENT.
3 18. AB #11.700 - APPOINTMENT TO SISTER CITY COMMITTEE.
COUNCIL REPORTS:
Due to the lateness of the hour, no reports were given.
ADJOURNMENT:
By proper motion, the Meeting of May 19, 1992, was adjourned at 10:28 p.m.
Respectfully submitted,
dY= Assistant City Clerk
Harr iett Babbitt Minutes Clerk
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