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HomeMy WebLinkAbout1993-11-16; City Council; Minutes, 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 16,1993 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:05 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. INVOCATION was given by Reverend Father AI Capuchin0 of the Christ The King Orthodox Church of Carlsbad. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Mayor Lewis removed Items #7 and #8 from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 6, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 50 1. AB #12,469 - FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 1993-94. Council accepted the report on the fiscal status of the City through the first quarter of the 1993-94 Fiscal Year. 99 2. AB #12,470 - TENTATIVE MAP EXTENSION FOR CARLSBAD TRACT 85-19, THE MEADOWLANDS. Council adopted RESOLUTION NO. 93-311, approving a one-year extension of time for the Tentative Map for CT 85-1 9, The Meadowlands, subject to certain conditions. d2 3/ . 81 70 99 99 45 107 68 55 0 0 November 16, 1993 Page 2 CONSENT CALENDAR: (Continued) 3. AB #12,471 - GRANTING EASEMENTS TO CMWD ACROSS A PORTION OF POINSETTIA COMMUNITY PARK, CMWD 92-601. Council adopted RESOLUTION NO. 93-312, approving a grant deed conveying water/sewer/access easements to Carlsbad Municipal Water District across a portion of the Poinsettia Community Park site. 4. AB #12,472 - DISCHARGE OF FUTURE IMPROVEMENT AGREEMENT - WUTHMANN. Council adopted RESOLUTION NO. 93-313, accepting a single payment in the amount of $8,700 from Mr. and Mrs. Wuthmann to discharge their financial obligations under Future Improvement Agreement 84-220618, for their property at 3985 Park Drive. 5. AB #12,473 - CONSULTANT AGREEMENT FOR ENGINEERING SERVICES. Council adopted RESOLUTION NO. 93-314, approving an agreement with Helming Engineering, Inc., for general engineering support and plan check services. 6. AB #12,474 - SUMMARY VACATION OF A PORTION OF CRESSA COURT - PR 6.109. Council adopted RESOLUTlON NO. 93-315, summarily vacating a portion of Cressa Court located in Planning Area 14 of Aviara. EMS REMOVED FROM ME CONSENT CALENDAR: 7. AB #12.475 - CARLSBAD CONVENTION AND VISITOR’S BUREAU FOURTH QUARTER REPORT FOR 1992-93. And 8. AB #12,482 - NORTH COUNTY RECYCLING MARKET DEVELOPMENT ZONE DESIGNATION APPLICATION. Steve Link, Manager, Carlsbad Convention &Visitors Bureau, 161 6Avenida Guillermo, Oceanside, reported on the Bureau’s activities for the period of July 1 through September 30, 1993. (Item #7) ACTION: On motion by Council Member Nygaard, Council accepted and filed the Carlsbad Convention and Visitor’s Bureau’s report covering the period of July 1 through September 30, 1993; and adopted RESOLUTION NO. 93-317, approving the submittal of the North County application to the California Integrated Waste Management Board to be designated a Recycling Market Development Zone. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila a70 0 0 November 16, 1993 Page 3 ORDINANCE FOR ADOPTION: 37 9. AB #12,481 - ADOPTION OF ORDINANCE NO. NS-256 - METHOD TO FILL VACANCIES IN ELECTED OFFICES. ACTION: On motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS- - 256, amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code regarding vacancies. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC HEARING: 10 8 10. AB #12,476 -APPEAL OF PLANNING COMMISSION DENIAL OF AN ADMINISTRATIVE VARIANCE - AV 91 -1 2(A) - HILL. Mayor Lewis opened the duly noticed Public Hearing at 6:30. p.m., and issued the invitation to speak. Stephen Hill, 3317 Cadencia Street, the applicant, explained how his home has been flooded for the last 15 years due to the subsurface and surface drainage problem. He explained all of the improvements he made in an attempt to resolve the problem, and the walls he constructed and the roof that was added without a permit. He was aware he was in violation of City requirements when he built the roof, but was afraid the rains would again cause more flooding before the permit could be issued. Mr. Hill stated he is willing to pay the penalties for building the roof without a permit, but requested approval of the variance to allow the roof to stay, since it appears to have solved the problem. Carol Hill, 3317 Cadencia Street, co-owner of the home at that address, reiterated the flooding problem for the last 15 years and the emotional stress this problem has created. She asked Council to support their request. A. J. Gustin, 2320 La Costa Avenue, attested to the Hill’s water problem, stating the flooding was major. Larry Sebastian, 3315 Cadencia Street, has been a neighbor of the Hills for eight years and has seen the damage. He stated he has a water problem, but it is not as serious. Since Mr. Hill built the wall and the roof, this has solved Mr. Sebastian’s problem of standing water in his yard. He stated that none of the neighbors had objected to the roof and it would not be economically feasible to move the roof back six feet and rebuild it. Maryann Anderson, 721 5 Carpa Court, spoke in favor of the variance for the Hill residence, stating the water problem had to be corrected and as a neighbor she has no objection. Francis Harding, 3308 Febo Court, owner of the property directly behind the Hill property, stated there is a serious water seepage problem in the La Costa area. He requested approval of the action by the Hills. J6? 0 0 November 16, 1993 Page 4 PUBLIC HEARING: (Continued) Jack.Diehl, 3319 Cadencia, stated he is the neighbor most affected by the structure on the Hill residence and he has no problem with the aesthetics. He requested the variance be granted. John Vernon, 2860 Calmar Drive, Escondido, Geotechnical Engineer, stated there are unusual conditions as far as water seepage on the Hills’ property and it is very difficult to handle that water and to eliminate it. He asked Council to recognize the problem and the fact that the Hills have solved the problem to the neighbors and their own satisfaction. Mack Gould, 3320 Cadencia Street, spoke in favor of approving the variance. Andy Anderson, 7215 Carpa Court, stated he substantiated all the information the Hills had presented and he represented nine additional owners who also recommended that the variance be approved. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:35 p.m. ACTION: On motion by Mayor Lewis, Council directed the City attorney to prepare documents granting the appeal and approving the Administrative Variance for Stephen and Carol Hill, with the condition that they pay the fee for the building permit and pay the fine for building the structure without a permit, and that they do not receive a refund of their appeal fee. AYES: Lewis, Kulchin and Nygaard NOES: Stanton and Finnila RECESS: Mayor Lewis declared a recess at 8:02 p.m., and Council re-convened at 8:12 p.m., with all Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 8:12 p.m., and re-convened at 8:13 p.m., with all Members present. DEPARTMENTAL AND CrrY MANAGER REPORTS: 37 11. AB #12.477 - UPDATE ON ECONOMIC DEVELOPMENT ACTIVITIES AND STRATEGIES. Many Orenyak, Community Development Director, presented an overview to the Council on: San Diego Economic Development Corporation New Companies Local Business Expansions CityKhamber of Commerce - Industrial Corridor Day, March 10, 1994 Development Workshop Follow-up JL8 a 0 November 16, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Dan Pegg, of the San Diego Economic Development Corporation, stated they are a private non-profit organization focusing on the region of San Diego to get funding from the public as well as the private sector. San Zen, representing a biotech R & D Company, Ontogen, explained why they selected Carlsbad and how their company will operate when their plant opens in Carlsbad. Don Dye, President of Callaway Golf, and Carol Kerley, Chief Financial Officer, told of their plans for expansion and positive working relationship with the City. Mayor Lewis presented Proclamations of Appreciation from the City and the Council to Mr. Dye, Ms. Kerley and Mr. Zien. Elaine Lyttleton, President of the Carlsbad Chamber of Commerce, told of plans for the Industrial Corridor Day to be held March 10, 1994. John Anewalt, Real Estate Broker, discussed the Development Workshop. Item #13 was taken out of order. 97 13. AB #12,479 - CARLSBAD VILLAGE DRIVE STREETSCAPE PHASE V MEDIAN OPENING AT MOTEL 6 AND CARL‘S JR. RESTAURANT. City Engineer Lloyd Hubbs reported that the owners of Carl’s Jr. and Motel 6 are’working together to reach an agreement for access to their properties by November 29, 1993. Option #1 would be to realign the median with the access to Carl’s Jr., who would then provide access to Motel 6, Denny’s and Chevron. A second approach would be to have the property owners work out a joint access agreement with a ramp to Carl’s Jr. and have the primary access at the Motel 6 entrance. John Grant, 7173 Obelisco Circle, stated the owners of Motel 6, Denny’s and Chevron would appreciate having the left turn directly into their 43 foot paved lot. He stated that is valuable property where the easement is to be granted, and he would like to know whether that easement would be for the life of the leases or would it be in perpetuity. Mr. Grant said another issue is the cost of the development of the ramp to Carl’s Jr. and the directional signs necessary to direct traffic. Richard Johnson, 1044 Carlsbad Village Drive, owner of Carlsbad Chevron station, stated the station has been closed since September for renovation. The median will make it difficult for customers going back to the freeway, and if the eastbound access is taken away, it would be devastating to the station. Mr. Johnson said the logical way would be to come into the larger driveway with a ramp to Carl’s Jr. Robert Sonneman, 52 El Sereno Court, San Francisco, owner of the property that the Chevron station is situated on, spoke in favor of the access to the 43 foot driveway. Norman Vetter, 81 0 Mission Avenue, Ste. 300, representing Greg Losa, stated he was present to answer questions. Jh7 . a a November 16, 1993 Page 6 DEPARTMENTAL AND CrrY MANAGER REPORTS: (Continued) Mr. Sonneman stated the owners of the three businesses should not now be held hostage by Carl’s Jr. and they should live by their previous offer to pay a certain fee and all the expenses necessary to build a ramp. Mr. Grant concurred with the comments of Mr. Sonneman. Council reaffirmed their previous direction to staff to redesign the median to provide access to Carl’s Jr. instead of Motel 6 (with a reciprocal access easement from Carl’s Jr. to Motel 6) if the property owners do not reach agreement with access to Carl’s Jr. from the Motel 6 driveway, as originally designed. 30 12. AB #12,478 - REPORT ON BUILDING PERMIT FEES. This item was continued. 97 13. AB #12,479 - CARLSBAD VILLAGE DRIVE STREETSCAPE PHASE V MEDIAN OPENING AT MOTEL 6 AND CARL‘S JR. RESTAURANT. This item was taken out of order. (See page 5) 55 14. AB #12,480 - COMMITMENT OF WASTE STREAM TO SOLID WASTE COMMISSION. This item was continued. COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of November 16, 1993, was adjourned at 1O:OO p.m. Respectfully submitted, aedzL2- ALETHA L. RAUTENKRANZ City Clerk J Harriett Babbitt Minutes Clerk 2bb