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Home My WebLink About1987-09-08; City Council; Minutes. % 0 e MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meetina: September 8, 1987 Time of Meeting: 6:OO p.m. Place of Meetina: City Council Chambers 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 Memhers Lewis, Kulchin, Pettine, Mamaux and Larson. Absent : None. CLOSED SESSION: Council adjourned to a Closed Session at 6:Ol p.m., to consider the appointment of a City Manager. Council re-convened at 6:27 p.m., with all Members present. Mayor Lewis announced that Council had decided to appoint Ray Patchett as the new City Manager. RECESS: Mayor Lewis declared a recess at 6:28 p.m., and Council re-convened at 6:36 p.m., with all. Members present. I CONSENT CALENDAR: Council. Member Larson requested Item 82 be withdrawn from the Consent Calendar. Council affirmed the action of the Consent Calendar, Lewis with the exception of Item 412, as follows: Kulchin ~ Petti.ne Mamaux X Larson WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (81) 1 AB if9154 - QUITCLAIM OF PUBLIC UTILITY EASEMENT - LINDA ESTATES UNIT NO. 1. Council adopted RESOLTUION NO. 9227, quitclaiming a portion of a public utility easement off Donna Drive to Susan Blankenship. (79) 2. AB #9155 - CITY FEE STUDY. (85) (45) This item was removed from the Consent Calendar. (99) 3. AB #9156 - WILLDAN ASSOCIATES PLAN CHECK AND (45) INSPECTION CONTRACT FOR FISCAL YEAR 87-88. Council adopted RESOLUTION NO. 9229, approving the 1987-88 contract for plan checkinp and construction inspection by Willdan Associates. CY?&) 0 0 MINUTES September 8, 1987 Page 2 CONSENT CALENDAR: (Continued) (60) 4. AB Q8575 - supplement #I - RENEWAL OF VEHICLE (45) PHYSICAL DAMAGE INSURANCE COVERAGE. Council adopted RESOLUTION NO. 9230, authorizing renewal of the City's vehicle physical damage insurance coverage. I (74) 5. AB #9157 - AMENDING THE CLASSIFICATION PLAN FOR FIRE PREVENTION OFFICER 111. Council adopted RESOLUTION NO. 9231, amending the classification plan and salary schedule of the City to revise the classification of Fire Prevention Officer 111. (91) 6. AB 86747 - Supplement #I - REVISED PARK USE (70) AGREEMENT WITH ENCINITAS UNION SCHOOL DISTRICT. (45) Council adopted RESOLUTION NO. 9234, approving a revised use agreement between the City of Carlsbad and the Encinitas Union School District for the Levante Park/La Costa Heiahts School Site. 7. Number Not Used. ITEM REMOVED FROM THE CONSENT CALENDAR: (79) 2. AB f9155 - CITY FEE STUDY. (85) (45) Council Member Larson inquired about the cost recovery that would be provided by an increase in fees. 3im Elliott, Finance Director, explained that fees are typically too low and the fee study would enable the City to raise any fees that were not allowing for cost recovery. Council adopted the foll-owing Resolution: Lewis Kulchin RESOLUTION NO. 9228, ACCEPTING THE PROPOSAL OF DAVID M. Pettine GRIFFITH AND ASSOCIATES, LTD., FOR THE PREPARATION OF A Mamaux USER FEE STUDY, AND APPROPRIATING FUNDS. Larson X PUBLIC COMMENT: Bill Hosmer, 4030 Syme Drive, representing North County Magazine, addressed Council regarding the Apostolic Assemb.ly Church request to build a new building on land they own. Mr. Hosmer stated he had written a letter to the newspaper regarding this matter and would talk with any Council Member regarding this. 289 T- o a MINUTES September 8, 1987 Page 3 ORDINANCES FOR ADOPTION: 8. AB f9152 - AMENDMENT TO THE MUNICIPAL CODE TO CLARIFY POINT OF INTEREST DEFINITION. Council adopted the following Ordinance: ORDINANCE NO. 9835, AMENDING TITLE 22 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO CLARIFY HISTORIC POINT OF INTEREST DESIGNATION. 9. AB 88825 - Supplement #I - REVISING THE ORDER OF BUSINESS AT COUNCIL MEETINGS FOR PUBLIC COMMENT. Council adopted the following Ordinance: ORDINANCE NO. 1298, AMENDING TITLE 1, CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 1.20.110 TO REVISE THE ORDER OF CITY COUNCIL BUSINESS FOR PUBLIC COMMENT. PUBLIC HEARING: IO. AB /I9158 - APPEAL OF NEGATIVE DECLARATION - BEAR. Council Member Kulchin stated she would not take part in the discussion on this item due to a possible conflict in interest. She left the dais. Mike Holzmiller, Planning Director, gave the staff report on this item as contained in the Agenda Bill, using a transparency to show the lot and elevation charts to indicate the proposed grading and building placement on the lot. The grading and proposed project complies with all standards, including the Hillside Ordinance. Mayor Lewis opened the public hearing at 6:56 p.m., and issued the invitation to speak. 3oe Bear, developer of the project, addressed Council, speaking about the constraints to the lot. Mr. Bear explained there is a lot of sub-surface rock on the site, and there is little that can be done to change the grading plan or house plan without ruining the integrity of the plan. He stated if they find it is possible to lower the level after they begin grading, they will do that. Neville Laatsch, 3219 Fosca Street, President of the Homeowners Association, spoke against the Negative Declaration, stating several letters have been written regarding the grading permit. He stated there are additional restrictions on that lot, and the Architectural Committee should have contacted the neighbors on this project, and they did not. Mr. Laatsch referred to paragraph b of the Statement of Non- significant Environmental Effects, stating the siting of this residence would interfere with the lagoon and ocean views of neighboring properties. I Lewis Kulchin Mamaux Pettine X Larson Lewis Kulchin Pettine X Mamaux Larson I ~ 288 I I - - 0 0 MINUTES September 8, 1987 Page 4 1 PUBLIC HEARING: (Continued) Steve Spiker, 3225 Fosca Street, stated his property is behind Mr. Bear's lot and he presented two pictures to Council Members, showing how his view would be obstructed with the proposed grading. He suggested Mr. Bear use a lower elevation or place his home farther down the hill. He also commented on the smoke from the chimney of Mr. Bear's home and the fumes from the driveway. Meg Groomer, 3223 Fosca Street, spoke against the Negative Declaration, reading from her letter dated September 4, 1987, addressed to the Council. Mrs. Groomer spoke of the loss of view and the possible pollution from the driveway and chimney of Mr. Bear's home. Jess Groomer, 3223 Fosca Street, spoke in opposition to the Negative Declaration, stating the home could be moved down the hill without destroying Mr. Bear's view. However, that would preserve the view of the neighbors. He concluded, stating he opposed the project as it is at this time. Since no one else wished to speak on this matter, the public hearing was closed at 7:28 p.m. Council stated the applicant complied with all City regulations. They indicated the matter between the Homeowners Association and Mr. Bear was possibly a civil matter. Council denied the appeal and upheld the Negative Declaration as issued by the Planning Director. Council Member Kulchin returned to the dais. ~ 11 I Lewis Pettine Mamaux Larson DEPARTMENTAL AND CITY MANAGER REPORTS: x! (88) 11. AB 89159 - TRAUMA INTERVENTION PROGRAM. I I City Manager Ray Patchett introduced the matter. I I Dennis Meehan, 3981 Gloria Lane, explained the Trauma Intervention Program (TIP), stating this is an extension of the good neighbor policy. The volunteers assist people when tragedy strikes and administer to them. He stated the problem is the liability risk, and this should be studied and evaluated. In two years there have been no law suits, and he felt this was a healthy program for all those involved and wou1.d be a positive program for the community. Mr. Meehan suggested Council instruct staff to have a complete presentation made on the program to enable Council to make a decision on the feasibility of the program. sa3 1 I a e 0 MINUTES (102) (28) (28) \v September 8, 1987 Page 5 COUNCIL * 3: MEMBERS % ‘i DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Jay Hickey continued the report on TIP, stating he was a volunteer in the program. He explained the role of the volunteers in staying with people during times of stress and assessing their immediate needs. He felt Carlsbad should be the leader in this program and staff should review it for presentation to Council. Council directed staff to review the Trauma Lewis X Intervention Program (TIF) and return with a Kulchin recommendation as to whether or not the City should Pettine participate in the program. Mamaux Larson 12. AB 89120 - Supplement 81 - CONTINUATION OF RANCHO SANTA FE ROAD ALIGNMENT STUDY. Mayor Lewis announced this item would be continued until staff was ready with the report. Jim Diluca, 7961 Calle Posada, representing the Colinas De Oro Civic as Coordinator, distributed a map to Council Members showing a portion of Santa Fe Road he was concerned about, inasmuch as the bike lane is too narrow. He told of people not having enough space to ride safely, or walk on the sidewalk. He requested the road be striped for four lanes instead of the proposed six. 13.-AB 89153 - HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENTS. This item was continued for one week. I 14. AB 1f9160 - UNDERGROUND UTILITY ADVISORY COMMITTEE APPOINTMENT. This item was continued for one week. COUNCIL REPORTS: City/School Committee Council Member Mamaux reported the agreement for the Senior Center will be before the School Board on Thursday evening for approval. The Carlsbad Golf Association now has over 620 members. Saturday the Mexican/American Association is hosting a presentation award for Dr. Freiburger at Holiday Park. Business Committee Council Member Mamaux announced the committee will hold a luncheon in October and Council Member Pettine will be invited to be the guest speaker. & 86 1, * a MINUTES September 8, 1987 1) Page 6 COUNCIL % 5; MEMBERS 2. ''t COUNCIL REPORTS: (Continued) Beach Committee Council Member Kulchin reported Mayor Bagley had stated the 3PA may not be formed. She stated if Oceanside did not convene the Beach Committee, Carlsbad should take the lead. CITY MANAGER COMMENTS: City Manager Ray Patchett announced the Growth Management Plan of Carlsbad had been nominated for the Helen Putnam Award. A presentation will be prepared for the League Meeting in October. CLOSED SESSION: (74) 15. AB 119161 - CLOSED SESSION REGARDING SETTLEMENT OF WORKER'S COMPENSATION CLAIM. (41) 16. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 8:03 p.m., to receive advice regarding the Bringman v. City of Carlsbad pending litigation and to consider a proposal to settle the Worker's Compensation claim of Jerome N. Pieti. Council re-convened at 8:19 p.m., with all Members present. Council adopted the following Resolution: RESOLUTION NO. 9233, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE WORKER'S COMPENSATION CLAIM OF JEROME N. PIETI. Council instructed the City Attorney to proceed and investigate further the Bringman v. City of Carlsbad pending litigation. ADJOURNMENT: By proper motion, the Meeting of September 8, 1987, was adjourned at 8:20 p.m., to Friday, September 11, 1987, at 5:30 p.m., Stagecoach Park, for a barbecue for Board and Commission Members. Respectfully submitted, (2&79!&.oQ- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk A8.S