HomeMy WebLinkAbout1987-03-03; City Council; Minutesc 0 e MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: March 3, 1987
Place of Meeting: Public Safety Center, 2560 Orion Way
1 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 Lewis, Kulchin,
Pettine and Mamaux.
Absent - None.
INVOCATION was given by Pastor Steve Seelig of the
ias Flores Nazarene Church.
\PLEDGE OF ALLEGIANCE was led by Council Member
IYamaux.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held February 10, 1987,
were approved as presented.
i- IWBLIC COMMENT :
Dennis Price, 7515 Cadencia Street, addressed Council
regarding the Rancho Santa Fe Road/Melrose Avenue
intersection. He stated Mr. Terrell had spoken about
.the school buses being in danger at that
intersection, and stated he had filmed some
of that area. He found that between 2:OO and 2:30
p.m. was the critical time for the school buses to be
in that intersection. He requested the Police
Department patrol during that time and
*alert traffic to the danger of the school buses in the intersections until such time as the flashing
beacons can be installed. I- PRESENTATIONS:
Mayor Lewis read a Proclamation declaring the month of
March, 1987, as "Mental Retardation Awareness Month".
Mayor Lewis read a Proclamation declaring the week of March 1-8, 1987, as "Save Your Vision Week".
The Parks and Recreation gave a slide presentation
depicting Triathlon activities in the City from
previous years.
I CONSENT CALENDAR :
Council affirmed the action of the Consent Calendar,
43s follows:
66
COUNCIL \ %?
MEMBERS
Lewis
Kulchin
Pett ine
X
M amau x
I
Lewis
Kulchin
M amaux
Pettine
X
c e 0 MINUTES
March 3, 1987 Page 2
1 CONSENT CALENDAR: (continued)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
ordinances and resolutions at this meeting. I (45)
(81) 1. AB 88119 - Supplement 1/37 - NOTICES OF COMPLETION - CARLSBAD SAFETY AND SERVICE CENTER.
Council accepted the contractual responsibilities of three contractors as being complete, and
directed the City Clerk to record the Notices of
Completion and release bonds 35 days after
recordation.
(92) 2. AB #8904 - APPOINTMENT OF MEMBERS AND ALTERNATES
TO THE ENCINA JOINT ADVISORY COMMITTEE.
Council appointed Mayor Lewis and Council Member
Mamaux as primary members on the Encina 3oint
Advisory Committee; and designated the City
Engineer and City Manager as alternate members of
the advisory committee.
[ORDINANCE FOR ADOPTION:
(77) 3. AB 88899 - AMENDMENT OF MUNICIPAL CODE - COASTAL
(67) COMMISSION CERTIFICATION OF THE VILLAGE AREA LOCAL COASTAL PROGRAM.
Council adopted the following Ordinance:
ORDINANCE NO. 9828, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS
CERTIFICATION OF THE CARLSBAD VILLAGE AREA
REDEVELOPMENT SEGMENT LOCAL COASTAL PROGRAM.
'To COMPLY WITH CONDITIONS OF THE CONDITIONAL
I'UBLIC HEARING:
(25) 4 . AB W8905 - CARLSBAD COUNTY ISLANDS ANNEXATION.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill, using a
transparency to show the County islands. He stated
this action was initiated by the County Board of
Supervisors and with this annexation everything within
the City's sphere of influence would be within City
limits. This would provide better public facilities l'or those areas, particularly with regard to fire
protection. The City has been providing some facilities for these areas now and would receive taxes
in return for those services.
Flayor Lewis opened the public hearing at 6:20 p.m.,
and issued the invitation to speak.
65
/y
CoUNC'L %( A9
MEMBERS
I
I
Lewis
Kulchin
Mamaux
Pettine
X
I 0 0 MINUTES
March 3, 1987 Page 3
PUBLIC HEARING: (continued)
Banning Cantarini, 905 Laguna Drive, spoke in
opposition to this annexation, although he stated he was Qust concerned whether there were some bonds and
assessment districts that could cause problems for the
land owners in the future. He stated he had owned
this property for fifty years and was not a developer.
Any added costs due to annexation would create a
problem for him.
George Bolton, 6519 El Camino Real, addressed Council
stating not all of these areas are uninhabited and the
people living in that area should have been told what
this annexation would involve and perhaps given a
chance to vote on whether they wished to be annexed.
G. S. Moore 3r., 6503 El Camino Real, stated he had
spoken in opposition to the creation of the islands in
1971. He stated he had always advocated annexation
and was not opposed. He was concerned that no EIR was
done on this annexation. Several months back he
suggested Mello I1 be used for argriculture
enhancement in this area. The answer from City Hall
at that time was, "This will encourage development".
IMr. Moore felt this area had been abused by the City
at the same time the City was claiming they wanted to
protect agriculture. He stated the people needed to
know how they could use the land. Mr. Moore
concluded, stating if the land was zoned into
agriculture and an assessment district forced on the
property owners, this would create problems. He
requested the City delay this until staff could work
'up some proposal for land use in this area that would
allay the peoples' fears.
13avid Thompson, 7440 Batiquitos Drive, a flower
grower, addressed Council stating he agreed with the
previous statements and wanted to continue his
greenhouse business and field crop. He was not
certain what zoning the City would put there and
whether he would be able to continue his flower
business. He requested the land use be clarified.
Since no one else wished to speak on this item, the
public hearing was closed at 6:29 p.m.
Mike Holzmiller, in answer to Council query, stated
lLAFCO stated as far as an assessment district, unless
.they were part of a district now, the City could not
retroactively apply an assessment district to the
property. Only if assessment districts were formed in
.the future would these people be a part of that
district. At that time it would go through the
:regular procedure, which would include public
hearings.
LQ
-
COUNCIL /y %.p "0 L
MEMBERS Z. '
I
~
*
7
0 0
March 3, 1987
MINUTES
Page 4
~ ~~~
PUBLIC HEARING: (continued)
Mr. Holzmiller stated there are some additional bonds
that would be required to be paid. Those are rather
minor, with approximately $4.00 per $100,000 assessed
valuation per year. The bonds are to be paid off in
the fiscal year 1991-92. Otherwise, the taxes would
remain the same.
Mr. Holzmiller explained these areas would be LC
zoning and in a holding zone that would only permit
agricultural use and single-family on a minimum ten
acre lot. These lands will remain in a holding zone
until the property owners or the City by subsequent
action initiated some other zoning.
In answer to the questions regarding an EIR on the
annexation, Mr. Holzmiller stated the County did not
feel an EIR was necessary, since the land was being
brought in with a holding zone.
Mr. Holzmiller stated unless Mr. Thompson wished to
initiate a rezoning on his property, flower growing
>would be the only use.
Mayor Lewis inquired of the City Manager about the
services being supplied to the County islands, such as
IPolice protection, with no taxes being paid to the
City.
City Manager Frank Aleshire stated all areas being
annexed have been receiving Police and Fire protection
Ibecause it was necessary. The City did not have the
power to control the billboards and signs, and this
was one of the issues which led to the annexation.
'The County policy has been that in order for
development to occur, the land must be annexed to the
City.
Council adopted the following Resolution:
RESOLUTION NO. 8976, APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED
AND DESIGNATED AS THE CARLSBAD COUNTY ISLANDS
ANNEXATION.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(85) 15. AB 88429 - Supplement 112 - GOLF COURSE FEASIBILITY STUDY PRESENTATION.
Dave Bradstreet, Director of Parks and Recreation,
gave the staff report as contained in the Agenda Bill.
lie introduced Gene Krekorian, Vice-president of ERA.
Mr. Krekorian gave the report, with Jack Daray, Steve
tialsey and David Abrams. An extensive report was
given by all these gentlemen giving the alternatives,
environmental constraints of each, and economic
implications of each plan, as contained in their
report submitted to the City.
Council accepted the Economics Research Associates
Golf Course Feasibility Study and directed staff to
include the study findings for consideration in the
revised Macario Canyon Master Development Plan.
6 3
-
COUNCIL \ %?
MEMBERS
Lewis
Kulchin
Pett ine
Mamaux
Lewis
Kulchin
Pettine
Mamaux
~
~
X
X
(41)
(41)
(48)
* 0 MINUTES
March 3, 1987 Page 5
CLOSED SESSION:
City Attorney Vincent Biondo stated it was his
recommendation for Council to have a closed session on
Item Nos. 6 and 7. He did not anticipate Council
could recommend any action on Item Nos. 6 and 8, but
he did want an opportunity to initiate a discussion.
He stated after the election returns are known,
Council could return to closed session tomorrow
evening and take action on Item No, 8 as considered
appropriate.
6. CLOSED SESSION PENDING LITIGATION; and
7. AB #a906 - CONCERNED CITIZENS VS CITY OF
CARLSBAD: and
8. AB #I8830 - Supplement #I - HOSP GROVE REFERENDUM.
Council adjourned to a closed session at 7:48 p.m. to
consider pending litigation pursuant to Government
Code Section 54956.9(a) to receive legal advice
regarding Odmark Development Company, et a1 v. City of
Carlsbad et al; to discuss Concerned Citizens v.
City of Carlsbad litigation; and to discuss related
issues concerning the Hosp Grove Referendum.
Council reconvened at 8:49 p.m., with all Members
present.
AD30URNMENT:
By proper motion the Meeting of March 3, 1987, was
adjourned at 8:50 p.m., to a closed session at 6:OO
p.m., Wednesday, March 4, 1987, at the Public Safety
Center, for additional consideration of Item Nos. 6, 7
and 8.
Respectfully submitted,
l-2- ALETHA L. TENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
I
/y
CoUNC'L % (
%9
MEMBERS
Lewis
Kulchin
X
Pett ine
Mamaux
HB: tb
LJ,