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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,