HomeMy WebLinkAbout1992-09-01; City Council; Minutes (2)e 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 1,1992
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:Ol p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Nygaard, Stanton, Larson and Mayor Lewis.
Absent: Mayor Pro Tem Kulchin.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Stanton.
APPROVAL OF MINUTES:
On motion by Council Member Larson, the following Minutes were approved as presented:
Minutes of the Special Meeting held August 11, 1992.
Minutes of the Regular Meeting held August 1 1, 1992.
Minutes of the Special Meeting held August 18, 1992.
Minutes of the Regular Meeting held August 18, 1992.
Minutes of the Adjourned Meeting held August 25, 1992.
AYES: Lewis, Larson and Stanton
ABSTAIN: Nygaard (On August 18, 1992, Special Meeting and Regular Meeting and
August 25, 1992 Adjourned Meeting)
CONSENT CALENDAR:
Council Member Nygaard requested Item #IO be removed from the Consent Calendar, and
stated she had studied the material and would vote on Items 7, 8 and 9.
ACTION: On motion by Council Member Nygaard, Council affirmed the
action of the Consent Calendar, Items 1 through 11, with the
exception of Item #IO, 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.
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CONSENT CALENDAR: (Continued)
1. AB #11,860 - APPROVAL OF DESIGN AGREEMENTS FOR ALTA MlRA PARK AND HIDDEN
VALLEY ROAD IMPROVEMENTS - PROJECT NOS. 3348 AND 3409.
Council adopted RESOLUTION NO. 92-266, approving Amendment No. 1 to an existing
design agreement with The Dike Partnership for design services for Aka Mira Park and
approving a design agreement with Crosby, Mead, Benton and Associates, for the design of
improvements to Hidden Valley Road.
2. AB #11,861 - CONTRACT FOR RADIO MAINTENANCE.
Council adopted RESOLUTION NO. 92-267, approving the renewal of the contract for radio
maintenance with Motorola Communications and Electronics, Inc., for a period of one year,
with two one-year option periods.
3. AB #11,862 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF JOSEPH PIMENTAL.
Council adopted RESOLUTION NO. 92-268, authorizing the settlement of the Workers’
Compensation claim of Joseph Pimental and approving the proposed Stipulations with
Request for Award authorizing the payment of $10,920, at the rate of $140 a week.
4. AB #11,863 - SElTLEMENT OF WORKERS’ COMPENSATION CLAIMS OF MICHAEL VAN
HOOSER.
Council adopted RESOLUTION NO. 92-269, approving the settlement of the Workers’
Compensation claims of Michael Van Hooser, and approving the Compromise and Release,
which authorizes the payment of $28,000.
5. AB #11,864 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 89-1 - LA COSTA COURT.
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 Levante Street
near Centella Street.
6. AB #11,865 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the City’s investment portfolio as of
July .31, 1992.
7. AB #11,866 - REQUEST FOR AUTHORITY TO DESTROY FILES.
Council adopted RESOLUTION NO. 92-270, authorizing destruction of obsolete and
unnecessary files in the Finance Department.
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CONSENT CALENDAR: (Continued)
8. AB #11,867 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - AVIARA PLANNING
AREA 28 - CT 90-31/PUD 91-4.
Council adopted RESOLUTION NO. 92-271 , approving a Negative Declaration, a Tentative
Subdivision Map (CT 90-31) and a Planned Unit Development (PUD 91-4) for a 61-unit single-
family residential project on 44.1 acres of land generally located south of Batiquitos Drive
between Kesteral Drive and Aviara Drive.
9. AB #11,868 - APPEAL OF SITE DEVELOPMENT PLAN AMENDMENT, PLANNED UNIT
DEVELOPMENT AND CONDITIONAL USE PERMIT - SDP 83-1 1 (D)/PUD 92-4/CUP 92-1.
Council adopted RESOLUTION NO. 92-272, denying the appeal and upholding the Planning
Commission’s approval of the Site Development Plan Amendment, Non-Residential Planned
Unit ‘Development, and Conditional Use Permit for three restaurants, one.with drive-thru
facilities, on property generally located on the east side of Avenida Encinas north of Palomar
Airport Road.
10. AB #I 1,869 - APPROVAL OF MAINTENANCE AND OPERATING AGREEMENT AND GRANT
OF EASEMENT FOR THE CARLSBAD BOULEVARD SHORE PROTECTION PROJECT -
PROJECT NO. 33079.
This.item was removed from the Consent Calendar.
11. AB #11,870 - APPROVAL OF SITE IDENTIFICATION AND DESCRIPTION OF ENCINA
COMPOSTING FACILITY.
Council adopted RESOLUTION NO. 92-274, approving the site identification and description
of the Encina Composting Facillty for inclusion in the County’s Solid Waste Management Plan.
ITEM REMOVED FROM THE CONSENT CALENDAR:
10. AB #11,869 - APPROVAL OF MAINTENANCE AND OPERATING AGREEMENT AND GRANT
OF EASEMENT FOR THE CARLSBAD BOULEVARD SHORE PROTECTION PROJECT -
PROJECT NO. 33079.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
92-273, approving a maintenance and operating agreement and grant of
easement between the State of California and the City of Carlsbad for the
future construction of the Carlsbad Boulevard Shore Protection Project along
the west side of Carlsbad Boulevard from the.Agua Hedionda bridge southerly
to the existing SDG&E outlet jetty system.
AYES: Lewis, Larson, Stanton and Nygaard
PUBLIC COMMENT:
John Ingram, 2278 Lisa, spoke in favor of the signage at Roncone’s Italian Restaurant, stating that
sandwich boards are allowed in the downtown area, and should be allowed in front of Mr. Roncone’s
restaurant. ’
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PUBLIC COMMENT: (Continued)
Mary Garrett, 1877 High Ridge Avenue, concurred with Mr. Ingram.
Harlynn Serwin, 4205 Skyline Road, spoke in favor of the signage at Roncone’s Italian Restaurant,
stating the signs downtown are a potential liability for the City, whereas the sign at Mr. Roncone’s is
not an obstruction.
Tracey M. Wallace, 2625 Pirineos Way, #221, Rancho La Costa, spoke of the need to market retail
business, and stated the location of Roncone’s Restaurant does not afford visibility from the road, and
without the present signage would be deprived of the drive-by business.
Terry Roncone, 4901 El Camino Real, owner of Roncone’s Restaurant, requested the ability to have a
sign such as is permitted in the downtown area, as this is needed to keep them in business.
Marty Orenyak, Community Development Director, stated that all the businesses at that location could
go together and develop a plan for signage for all the businesses that meets Code and allows for
maximum exposure.
Mayor Lewis requested staff to work with the tenants and the owner and return with a report in two
weeks.
ORDINANCE FOR ADOPTION:
‘2 12. AB #I 1,878 - ESTABLISHMENT OF PARKING REGULATIONS DURING STREET SWEEPING
OPERATIONS.
Council Member Nygaard stated she had reviewed the record and was prepared to vote on
this Ordinance.
ACTION: On motion by Council Member Stanton, Council adopted ORDINANCE NO.
-9 NS-213 amending Title IO, Chapter 10.40 of the Carlsbad Municipal Code by
the addition of Section 10.40.1 50 to prohibit parking at certain times for street
sweeping hours.
AYES: Lewis, Larson, Stanton and Nygaard
PUBLIC HEARINGS:
15 13. AB #I 1,871 - OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PLAN - Dl 92- - 1.
Courtney Heineman, Chairman of the Open Space Advisory Committee, requested adoption of
the Open space and Conservation Resource Management Plan.
Staff informed Council of a correction to the Plan on page 156 to delete the last two sentences
in the last paragraph and to make the corresponding deletion on the wetland maps, since that
area in Zone 14 was not wetlands.
Mayor Lewis opened the duly noticed Public Hearing at 7:OO p.m., and issued the invitation to
speak.
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PUBLIC HEARINGS: (Continued)
Dolores Welty, 2076 Sheridan Road, Leucadia, representing PROJECT FUTURE and Anne
Mauch, referenced a letter from Terrel Watt on behalf of PROJECT FUTURE, dated September
1, 1992, distributed to Council and on file with the City Clerk. She outlined the contents of the
letter and their opposition to the Plan.
Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, spoke in favor of
the Plan, stating the Agua Hedionda Foundation endorses the recommendations of the study.
Karen Messer, Buena Vista Audubon Society, spoke in favor of the Plan and particularly in
support of the Habitat Management Plan.
Carl Gehring, 6615 Santa Isabel Avenue, expressed concern with a bond issue, and stated
that everyone needed to vote on this issue.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at
7:17 p.m.
In response to Council query, Mike Holzmiller, Planning Director, stated that staff disagrees
with Mrs. Welty’s comments. He stated this plan alone confirms 20 percent of the City’s total
area as open space, and that’s in addition to the open space resulting from the HMP and
open space required as part of individual project approvals. As a result, it confirms that 35 to
40 percent of the City will be open space.
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ACTION: On motion by Council Member Nygaard, Council accepted the Open
Space and Conservation Resource Management Plan; (b) directed
staff to coordinate the recommendations of the Open Space and
Conservation Resource Management Plan with the recommendations
of the Habitat Management Plan; (c) directed staff to revise the
General Plan Open Space and C conservation Element incorporating
the recommendations of the Open Space and Conservation Resource
Management Plan; and referred the issue of the trail system to staff for
a report on a financing strategy.
AYES: Lewis, Larson, Stanton and Nygaard
14. AB #11,872 - ADOPTION OF 1991 EDITION OF THE UNIFORM FIRE CODE.
Mayor Lewis opened the duly noticed Public Hearing at 7:32 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
Council Member Nygaard stated she had studied the record and was prepared to vote on this
issue.
ACTION: On motion by Council Member Larson, Council adopted ORDINANCE NO.
NS-212, amending Chapter 17.04 of Title 17 of the Carlsbad vunicipal Code
to adopt by reference the 1991 Edition of Uniform Fire Code.
AYES: Lewis, Larson, Stanton and Nygaard
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MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 733 p.m., and re-convened at 7:44 p.m., with four
Members present and Mayor Pro Tem Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
0 15. AB #I 1,873 - APPROVAL OF AMENDMENTS TO EXISTING AGREEMENTS FOR THE .5 BATlQUlTOS LAGOON ENHANCEMENT PROJECT.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
92-275, approving amendments to existing agreements regarding the
Batiquitos Lagoon Enhancement Project.
4 AYES: Lewis, Larson, Stanton and Nygaard
i2 16. AB #11,874 - UPDATE ON THE STATE BUDGET.
Financial Management Director Jim Elliott gave an update on the State budget activities.
RECESS:
Mayor Lewis declared a Recess at 7:s p.m., and Council re-convened at 8:OO p.m., with four
Members present, and Mayor Pro Tem Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
4 17. AB #11,875 - STATUS REPORT ON HABITAT MANAGEMENT PLAN. 5
Staff made a correction to the Agenda Bill, Page 3, paragraph two, to change the reference
from Exhibit "4" to Exhibit "2".
W. Allan Kelly, 4912 Via Arequipa, stated this report brands.his property and he can't develop
or sell because it is covered with Coastal Sage Scrub. He stated he wanted the City to buy
his property and pay the price reflective of the current zoning. He urged Council to authorize
Phase 111, as all of the unknowns would be known.
Victor Kato, 5250 Sunny Creek Road, stated his family has farmed that land since 1944, and
expressed his concern about being required to keep the property in open space in perpetuity.
Mario Monroy, 3610 Carlsbad Boulevard, spoke in favor of the Habitat Management Plan and
continuing with Phase 111.
Lisa M. King, Hofman Planning Associates, 2386 Faraday Avenue, Ste. 120, spoke in favor of
the Plan and staff recommendations and moving forward with Phase 111. She stated they have
some concerns, as noted in their letter dated September 1 , 1992.
Jeff Opdycke, 313 Nicole Drive, Vista, representing the U. S. Fish & Wildlife Service, spoke in
support of going into Phase 111, and he commended the City for this effort.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Conthued)
ACTION: On motion by Council Member Larson, Council (1) accepted the Biological
Resources and Habitat Analysis Report prepared by the biological consulting
team; (2) authorized the City Manager to execute supplements to the existing
agreements with Consultants Collaborative, Inc., and A. D. Hinshaw Associates
to provide for Phase 111 consultant services; and (3) directed staff to proceed
with Phase 111 of the Work Program for the Habitat Management Plan.
AYES: Lewis, Larson, Stanton and Nygaard
j5 18. AB #I 1,876 - UPDATE ON SOLID WASTE ISSUES AND DISCUSSION OF SAN MARCOS
LANDFILL CUP CONDITIONS.
Assistant City Manager Frank Mannen reported on the matter and stated that San Marcos had
continued their consideration of the CUP to their meeting of September 8, 1992.
L13 19. AB #I 1,877 - AVIARA MASTER PLAN AFFORDABLE HOUSING AGREEMENT. i5
ACTION: On motion by Council Member Stanton, Council adopted RESOLUTION NO.
92-276, approving an affordable housing agreement for the Aviara Master Plan
entitled "Aviara Master Plan Agreement for lnclusionary Housing".
AYES: Lewis, Larson, Stanton and Nygaard
COUNCIL REPORTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of September 1, 1992, was adjourned at 9:46 p.m.
Respectfully submitted,
(%ki!#w 2"
ALETHA L. FhUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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