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Home My WebLink About1986-10-14; City Council; Minutest 5 e MINUTES 0 MEETING OF: City Council (Regular Meeting) DATE OF MEE.rING: October 14, 1986 TIME OF MEETING: 6:OO P.M. 5 PLACE OF MEETING: City Council Chambers COUNCIL \$ % % MEMBERS % <s CALL TO ORDER: The meeting was called to order by Mayor C'asler at 6:OO P.M. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Kulchin, Chick and Pettine. APPROVAL OF MINUTES: x: Chick were approved as presented. Kulchin Minutes of the Regular Meeting held October 7, 1986, Casler Pet t ine Minutes of the Regular Meeting held September 23, 1986, were continued for further information concerning an amendment requested by Mayor Casler. Lewis PRESENTATIONS: Mayor Casler presented a Proclamation to Connie Beardsley, the coordinator for the City's United WayIChad fund raising effort for 1987. Police Chief 3imno presented a Certificate of Recognition to eight year old Nick Schuler, who witnessed a suspicious incident while going home and notifed the police of a possible prowler. Mayor Casler also presented Nick with a plaque from the City of Carlsbad in recognition of his efforts. Mayor Casler indicated that Berry Davis had withdrawn his request to address Council. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar as Casler follows : Lewis Kulchin X Chick Pettine (50) 1 . AB 118782 - REFUND OF FEE. Council approved the refund of $4,260.00 to La Costa Hotel and Spa for overpayment of fees. (40) 2. AB 88741 - Supplement #I - AWARD OF CONTRACT FOR (45) CONSTRUCTION OF IMPROVEMENTS TO THE LAS PALMAS PARKING LOT. Council adopted RESOLUTION NO. 8841, accepting bids and authorizing the execution of Contract No. 3231 for the contruction of improvements to the Las Palmas parking lot; and Council adopted RESOLUTION NO. 8842, approving an agreement with SDG&E for shared use of right-of-way for a parking facility for the City's Community Development Facility at 2075 Las Palmas. 379 - 7- I (44) (45) (81) (45) (62) (70) (92) (45) (24) I 0 MINUTES 0 y October 14, 1986 Page 2 COUNCIL % 9L MEMBERS % % CONSENT CALENDAR: (continued) 3. AB 88584 - Supplement #I - AMENDED AGREEMENT FOR CONSULTING TRANSPORTATION PLANNING SERVICES. Council adopted RESOLUTION NO. 8843, authorizing an amendment to the agreement with Marty Bouman for Consulting Transportation Planning Services for an estimated cost of $15,000. 4. AB 118819 - Supplement 1/34 - AMENDING HEATING AND AIR CONDITIONING CONTRACT FOR SAFETY AND SERVICE CENTER. Council adopted RESOLUTION NO. 8844, amending Contract 3006-3B/3D for Kinney Air Conditioning to allow for additional expenditures necessary for placement of added fire dampers, ducts and fittings at the Carlsbad Safety and Service Center, for a cost of $16,596.75. 5. AB %8783 - ENDORSEMENT OF PROPOSED AMENDMENT TO THE GOVERNMENT CODE RELATING TO IMMUNITY OF PUBLIC ENTITIES AND EMPLOYEES FOR PARKS AND RECREATIONAL PROGRAMS. Council adopted RESOLUTION NO. 8845, seeking the support of the League of California Cities for legislation limiting the liability exposure for park and recreational facilities. 6. AB 87158 - Supplement 812 - 32ND SUPPLEMENT TO THE ENCINA BASIC AGREEMENT. Council adopted RESOLUTION NO. 8846, authorizing the Mayor to execute the 32nd Supplement to the Basic Agreement for the Encina Water Pollution Control Facility. ORDINANCES FOR ADOPTION: 7. AB 118751 - Supplement 112 - AMENDMENT OF CODE PROVISIONS TO ELIMINATE INCONSISTENCIES WITH COUNTY ANIMAL CONTROL REGULATIONS. Council adopted the following Ordinance: Casler Lewis ORDINANCE NO. 5072, AMENDING TITLE 7, CHAPTER 7.08 Kulchin X OF THE CARLSBAD MUNICIPAL CODE BY THE DELETION OF Chick SECTION 7.08.030 AND BY THE AMENDMENT OF TITLE 21, CHAPTERS 21.42 AND 21.53 SECTIONS 21.42.010(K) AND Pettine 21.53.085 OF THE CARLSBAD MUNICIPAL CODE TO DELETE THE REQUIREMENT FOR A COUNTY WILD ANIMAL PERMIT. 378 0 MINUTES 0 October 14, 1986 Page 3 ORDINANCES FOR ADOPTION: (continued) (67) 8. AB #8780 - ORDINANCE AMENDING PERMIT REQUIREMENTS (73) FOR USE PERMITS AFFECTING FIRST AMENDMENT ACTIVITIES. Council adopted the following Ordinance: ORDINANCE NO. 9812, AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE CHAPTER 21.43 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.43.020(5) TO MODIFY THE STANDARDS OF REVIEW FOR CERTAIN PERMITS WHICH INVOLVE FIRST AMENDMENT ACTIVITIES. AMENDMENT OF SECTION 21.42.020 AND TITLE 2’1, (96) 9. AB 88781 - STOP SIGNS ON EL FUERTE STREET AT THE INTERSECTION OF CORINTIA STREET. Council adopted the following Ordinance: ORDINANCE NO. 3205, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.28.380, REQUIRING STOPS ON EL FUERTE STREET AT CORINTIA STREET. ITEM TAKEN OUT OF ORDER: Item #I2 was taken out of order and considered at this time. (78) 12. AB {I8786 - SERVICES TO ALLOCATE FUNDS FOR ADDITIONAL POLICE SERVICES IN THE AREA OF KELLY ELEMENTARY SCHOOL. Council recognized Victoria Gubleman, 4202 Sierra Morena, Carlsbad. She suggested that the City could provide short term assistance and solutions to this problem. Council recognized Mr. Ron Lovick, 3545 Simsbury Court, Carlsbad. Mr. Lovick indicated that the parents were requesting that Council consider the problems created by that segment of the alien population which is committing crimes and breaking laws in the community. He added that they are requesting that Council give the Police and Fire Departments direction to aggressively enforce the laws that we already have. Council directed the Police Chief to provide additional police services in the general area of Kelly Elementary School, and adopted the following Resolution: RESOLUTION NO. 8847, AUTHORIZING THE TRANSFER OF $10,000 FROM THE CONTINGENCY FUND TO THE POLICE DEPARTMENT FOR ADDITIONAL POLICE SERVICES. Council appointed a sub-committee of Council Members Lewis and Kulchin to meet with the Police Chief and Mr. Lovick and Mrs. Gubelmann to come up with recommendations on ways to address the problem, and to report back to Council in two weeks on the matter. 377 COUNCIL /p 3 % MEMBERS % % Casler Lewis Kulchin Chick x; Pettine Casler Lewis Kulchin Pettine Chick x. Casler Lewis Kulch in Pettine Chick X 5 0 MINUTES (85) (57) (113) (99) October 14, 1986 Page 4 MEMBERS COUNCIL w % 1- PUBLIC HEARING: IO. AB 118784 - EIR 86-4, GPA/LU 86-10 AND 86-11, ZC-348 AND 350, MP-1(C), CT 85-23/CP-320(A) AND SDP 86-10 - ODMARK COLLINS - CITY OF CARLSBAD (HOSP GROVE). Mayor Casler opened the public hearing at 7:05 P.M., and issued the invitation to speak. The following people spoke in favor of the project: I Mr. John Thelan, 530 "B" St., San Diego, representing Odmark Development. Mr. Ted Odmark, 1747 Hancock St., San Diego. Ann Hicks, the project manager. Bill Tribelitt, Vice President of Collins Development, 11750 Sorrento Valley Rd., San Diego. Sam Cab, project manager for Urban Systems Associates, 4540 Kearny Villa Rd., San Diego. Pat O'Day, 7750-2H El Camino Real, Carlsbad, the engineer for this project. Mr. 3ohn Bartman, 2185 Mandavi1 Canyon, Los Angeles. Howard Rubenroit, 2029 Century Park East, Los Angeles. The following people spoke in opposition to the project: Dennis Meehan, 3981 Gloria Lane, Carlsbad. Council recognized Girard W. Anear, 1728 Calavo Court, Carlsbad. I Jeff Pireau, 1898 Forrest Ave, Carlsbad. Bill Eckles, 3829 Sierra Morena, Carlsbad. Ann Mauch, Garfield St., Carlsbad. Julie Fish, 1866 Forrest Avenue, Carlsbad. Willa Fabian, 2708 Grove Avenue, Carlsbad. Gary Thompson, 2715 Cypress Hill Road, Carlsbad. A.3. Skotnicki, 3535 Bedford Circle, Carlsbad. Councl recognized Ron Wooten, P.O. Box 520, Vista, President of the Buena Vista Lagoon Foundation. He expressed concerns with the EIR as is relates to hydrology and water quality as regards the Buena Vista Lagoon. Cindy Pireau, 1898 Forrest Avenue, Carlsbad. Conrad DeFlon, 1835 Forrest Avenue, Carlsbad. Diane Lantz, 2844 Wilson Street, Carlsbad. Gene White, 2882 Woodridge Circle, Carlsbad. Kevin McCann, 1580 Jean Place, Carlsbad. 33 X Kevin McCann, 1580 Jean Place, Carlsbad. 33 X \ 9 8 , MINUTES 0 October 14, 1986 Page 5 RECESS: Mayor Casler declared a recess at 9:OO P.M. Council reconvened at 9:07 P.M, with all Council Members present. 10. AB 88784 - HOSP GROVE - (Continued). The following people spoke in opposition to the project: A1 Allison, 2712 Grove, Carlsbad. Don Bentley, 2126 Pine Crest Way, Carlsbad. Thomas Smith, 2303 Ocean Street, Carlsbad. Shirley Swab, 2924 Highland Drive, Carlsbad. Since no one else wished to speak, Mayor Casler closed the public hearing at 9:30 P.M. Council certified EIR 86-4. Council directed staff to meet with the developer and determine modifications to the plan to increase the buffer on the south to 60 feet between the homes and the pavement, and that such revisions be done to the satisfaction of the Planning Director. Council directed the City Attorney to prepare the necessary documents of approval for the general plan amendment, zone change, master plan amendment, tentative map approval, condominium permit and site development plan, with conditions previously presented to the Planning Commission and additional conditions contained in the Memo of September 24, 1986 to the City Manager. DEPARTMENTAL AND CITY MANAGER REPORTS: (113) 11. AB !I8785 - REQUEST FOR RECONSIDERATION - GROWTH (77) MANAGEMENT PLAN EXEMPTION FOR PACIFIC RIM MASTER PLAN. - Council recognized Mr. Bill Dean, 765 Normandy, Encinitas, the Vice-president of the Batiquitos Lagoon Foundation. Mr. Dean indicated that the Foundation is not making a recommendation regarding the request for exemption, but rather expressing concern regarding the Batiquitos Lagoon Enhancement Plan and the potentional funding for the project. 375 c MEMBERS COUNCIL \p % % % % Casler X Chick X Kulchin xx Lewis X X Pettine Casler X Lewis X Kulchin X Chick X Pettine X Cas le r X Lewis xx Kulchin X Chick X Pettine X - - e MINUTES 0 October 14, 1986 /j Page 6 COUNCIL % 3 ' MEMBERS % $ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 11. AB #8785 - PACIFIC RIM MASTER PLAN (Continued). Council recognized Mr. Larry Clemens, Vice-president of Hunt Properties, 7707 El Camino Real, Carlsbad. Mr. Clemens stated that HPI is asking for a consideration of timing and does not want to lose the opportunity for the restoration of Batiquitos Lagoon and the potential funding which probably will never be available again. Council recognized Christopher Neals, Attorney for HPI, 701 B Street, San Diego. Mr. Neals requested that Council let Hunt continue to process. Council recognized Mr. Vern Hall, 425 So. Palos Verdes Street, San Pedro. Mr. Hall, of the Port of Los Artgeles, stated that he is the project manager for the Port of Los Angeles for the Pacific-Texas project and the project manager for the Batiquitos Project as mitigation for the Pac-Tex projects. In response to questions, Mr. Hall stated that Batiquitos Lagoon is the primary mitigation project that the Port of Los Angeles is interested in. He stated that they are not seeking any other mitigation projects at this time. Council determined not to act on the request to Casler exempt the Pacific Rim project from the requirements Lewis X of the Growth Management Plan. Kulchin X Chick Pettine xx Mayor Casler and Council Member Chick left the meeting . Growth Management Plan Council Member Kulchin questioned, for the record, whether provisions of Proposition G could work with the Growth Management Plan. In response, Marty Orenyak stated it could not work as currently structured. For the two to work together, the Growth Management Plan would have to be modified to increase densities and reduce standards. ADJOIJRNMENT: By proper motion, the Meeting of October 14, 1986, was adjourned at 1'1 :20 P.M. Respectfully submitted, w d- - ALETHA L . RAUTENKRANZ City Clerk Karen R. Kundtz Deputy City Clerk 374