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Home My WebLink About1992-08-04; City Council; MinutesI* 0 m 4 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 4,1992 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:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Mayor Pro Tem Kulchin and Mayor Lewis Absent: Council Member Larson. INVOCATION was given by Pastor James Scott of the First Church of Carlsbad. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Kulchin. PRESENTATION: Mayor Lewis presented a Proclamation to Capt. George Suttle of the Police Department, declaring August 4, 1992, as NATIONAL NIGHT OUT 1992. APPROVAL .OF MINUTES: On motion by Mayor Pro Tern Kulchin, the Minutes of the Regular Meeting held July 21, 1992, were approved as presented. AYES: Lewis, Kulchin and Nygaard ABSTAIN: Stanton CONSENT CALENDAR: Mayor Lewis stated there was a request to remove Item #I from the Consent Calendar. ACTION: On motion by Council Member Nygaard, Council affirmed the action of the Consent Calendar, Items 2 through 8, with the exception of Item #I, as follows: AYES: Lewis, Kulchin, Stanton and Nygaard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 139 I(i a !m 4 August 4, 1992 Page 2 CONSENT CALENDAR: (Continued) I 1. AB #11,822 - TENTATIVE MAP EXTENSION - CT 89-32 - WEST PALM. Thisdtem was removed from the Consent Calendar. 2. AB #11,823 - TENTATIVE MAP EXTENSION - CT 89-1 3 - THE HAMPTONS. Council adopted RESOLUTION NO. 92-244, approving a one-year extension of time for Tentative Map CT 89-13. 3. AB #11,824 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 84-35, UNITS 1.2 AND 3 - FALCON HILLS. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, directed the Utilities and Maintenance Department to commence maintaining the public street and storm drain improvements, and directed the Carlsbad Municipal Water District to commence maintaining public sewer improvements constructed at Pontiac Drive south of Chestnut Avenue. 4. AB #11,825 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PD 305 - VILLAGE FAIRE. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, directed the Utilities and Maintenance Department to commence maintaining the public street and miscellaneous improvements constructed at Carlsbad Boulevard and Carlsbad Village Drive, and directed the Parks and Recreation Department to commence maintaining landscape and irrigation improvements. 5. AB #11,826 - APPROVAL OF SUPPLEMENTAL AGREEMENT FOR PLAN CHECK SERVICES AND AUTHORIZATION TO APPROPRIATE DEVELOPER DEPOSITS. Council adopted RESOLUTION NO. 92-245, approving a supplemental agreement with Helming Engineering, Incorporated, to provide consultant plan check services for plan check of improvement plans, grading plans, and final maps of Fieldstone/La Costa Associates Master Plan Developments: authorizing the Finance Director to appropriate revenue received from Fieldstone to fund the cost associated with this extension and authorizing the Purchasing Officer to increase the purchase order by up to $300,000. 6. AB #11,827 - CONTRACT FOR SCHOOL CROSSING GUARD SERVICE. Council adopted RESOLUTION NO. 92-246, rescinding a contract with Personnel Resources of San Diego and awarding a contract to Western Temporary Services for school crossing guard service for 1992-93, with an option to renew for three additional one-year periods. 7. AB #11,828 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT FOR AVlARA PLANNING AREA 30 - CT 9030/PUD 91 -6. Council adopted RESOLUTION NO. 92-247, approving the Negative Declaration, Tentative Subdivision Map (CT 90-30) and Planned Unit Development (PUD 91-6) for a 101-unit single family residential project on 54.9 acres of land, generally located on the south side of Batiquitos Drive. 13s .Y e e 4 August 4, j992 Page 3 CONSENT CALENDAR: (Continued) 3 8. AB #I 1,829 - ABOVE-GROUND ENCROACHMENT FOR CONSTRUCTION OF FENCE AT 4986 5 SUNNYHILL DRIVE (PR 4.60). Council adopted RESOLUTION 92-248, approving an above-ground encroachment for the construction of a fence within the City right-of-way at 4086 Sunnyhill Drive, and approving an encroachment agreement with William L. Hatch and Marilyn L. Hatch. ITEM REMOVED FROM THE CONSENT CALENDAR: 3 1. AB #11,822 - TENTATIVE MAP EXTENSION - CT 89-32 - WEST PALM. Scott Woodward, 3088 Corte Trabuco, representing Mark Nolan, asked for clarification of the language in Item B with regard to a "reasonable in-lieu fee or affordable housing impact fee", and asked for the impact fee to apply, since it would be the lesser of the two. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92-243, approving an extension of time for Tentative Map No. CT 90-32, West Palm subject to certain conditions. AYES: Lewis, Kulchin, Stanton and Nygaard PUBLIC COMMENT: There were no requests from the public to address the Council at this time. ORDINANCES FOR ADOPTION: L4 9. AB #11,810 - BUILDING HEIGHT AND UNDERGROUND PARKING REVISIONS - ZCA 92-1. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS- Municipal Code to (1) restrict the single family and duplex building height limit to 30 feet--2 stories and to allow up to 35 feet-3 stories only on properties with a minimum R-1-20 zoning designation and a 20,000 square foot minimum lot size, and (2) to require 'underground parking" areas to qualify as a "basement" to not count as a "story". - 204, amending various Chapters and Sections of Title 21 of the Carlsbad AYES: Lewis, Kulchin and Nygaard ABSTAIN: Stanton 133 -. 0 @ a August 4, 1992 Page 4 ORDNANCES FOR ADOPTION: (Continued) -4 IO. AB #I 1,811 - PROVISIONS FOR REGULATION OF HAZARDOUS WASTE FACILITIES - ZCA - 92-3. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS- - 208, amending Chapters 21.04, 21.42, 21.30, 21 -32 and 21.34 to provide for the regulation of hazardous waste facilities. AYES: Lewis, Kulchin, Stanton and Nygaard PUBLIC HEARINGS: .2 11. AB #I 1,830 - WEED ABATEMENT HEARING FOR PROTESTS TO COST ASSESSMENTS AND CONFIRMATION OF COSTS. Mayor Lewis opened the duly noticed Public Hearing at 6:18 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. 92-249, confirming the report of the Fire Chief showing cost of weed abatement against each parcel of land in said report, confirming the cost and providing for collection on the regular tax bill. AYES: Lewis, Kulchin, Stanton and Nygaard MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:19 p.m., and re-convened at 6:23 p.m., with four Members present and Council Member Larson absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #11,831 - UPDATE ON STATE BUDGET. Financial Management Director Jim Elliott gave an update on the State budget activities. 13. AB #I 1,832 - YARD WASTE COLLECTION PROGRAM. ACTION: On motion by Mayor Pro Tern Kulchin, Council directed staff to implement a residential curbside yard waste collection program. AYES: Lewis, Kulchin, Stanton and Nygaard 14. AB #I 1,833 - ADOPTION OF 1991 EDITION OF THE UNIFORM FIRE CODE. ACTION: On motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-212, amending Chapter 17.04 of Title 17 of the Carlsbad Municipal Code to adopt by reference the 1991 edition of Uniform Fire Code; and directed staff to set the matter for a hearing on September 1, 1992. AYES: Lewis, Kulchin, Stanton and Nygaard 13b 4 e @ .+ August 4, 1992 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 1 15. AB #11,834 - NORTH COUNTY SOLID WASTE MANAGEMENT AGENCY JOINT POWERS 1 AGREEMENT. Rey Blunk, 3747 Cameo Drive, Oceanside, requested that Council find out the costs and alternatives before breaking away from the County. Ralph Anderson, Utilities and Maintenance Director, requested a change in the Joint Exercise of Powers Agreement, as follows: Article 7. Miscellaneous Provisions, Section 7.02, add the word "provided" in the following sentence: (A member agency may withdraw from the Agency upon the approval of its legislative or governing bode, provided the agency's proportionate share of the outstanding revenue bond debt incurred by the Agency for the acquisition or construction of facilities and equipment has been fully amortized........). ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 92-250, approving and authorizing execution of a Joint Exercise of Powers Agreement for the North County Solid Waste Management Agency; and designated the current representatives, Mayor Lewis as the Representative, and Council Member Nygaard as the Alternate, to represent the City on the Joint Powers Agency; and directed the representatives to support implementation of the goals, objectives and long and short-term solid waste operational issues identified in Exhibit 2 of the Report. AYES: Lewis, Kulchin, Stanton and Nygaard ADJOURNMENT By proper motion, the Meeting of August 4, 1992, was adjourned at 7:24 p.m. Respectfully submitted, Q.Ldd.u$maUcL-h, ALETHA L. RAUTENKRANZ Ci Clerk Harriett Babbitt Minutes Clerk 175