Loading...
HomeMy WebLinkAbout1987-10-13; City Council; Minutes'. I 0 0 MINUTES :.leeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: October 13, 1987 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers I 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, Mamaux and Larson. Absent : None. PRESENTATIONS: Mayor Lewis read a Proclamation declarina the week of October 11 - 17 as Sexual Violence Awareness Week. The Proclamation was accepted by a representative from the Women's Resource Center. Mayor Lewis read a Proclamation declarina the week of October 19 - 24 as Water Awareness Week. The Proclamation was accepted by Susan Haasl, representing the Board of Directors of Costa Real Municipal Water District. Mayor Lewis read a Proclamation for Swede Krcmar, retired Coach from Carlsbad High School. Council Member Mamaux accepted the Proclamation for presentation to the School Board. Council Member Kulchin presented a plaque to Mayor Lewi representing the League of California Cities Helen Putnam Award won by the City of Carlsbad for their Growth Management Plan. I APPROVAL OF MINUTES: (one motion) Minutes of the Adjourned Regular Meeti.ng held September 29, 1987, were approved as presented. I Minutes of the Regular Meetina held October 6, 1987, were approved as presented. I CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (105) 1. AB 18428 - Supplement A3 - AMENDMENT TO COMMUNITY (45) DEVELOPMENT BLOCK GRANT - STREET LIGHT PROGRAM. Council adopted RESOLUTION NO. 9248, authorizing amendments to Community Development Block Grant contracts. 3/ 7 - .s kp COUNCIL % 3 MEMBERS % ' Lewis Kulchin Pettine Mamaux Larson X Lewis Kulchin Pettine X Mamaux Larson .. 0 0 MINUTES 5 October 13, 1987 Page 2 COUNCIL \y 39 /o 4 MEMBERS Z. I , CONSENT CALENDAR: (continued) (50) 2. AB 89178 - UNCOLLECTIBLE ACCOUNTS. Council adopted RESOLUTION NO. 9249, declaring certain accounts receivable uncollectible, authorizing the Finance Director to remove uncollectible accounts from the City books, and establishing controls on declamation of future accounts as uncollectible. (44) 3. AB 88584 - Supplement 82 - AGREEMENT FOR CONSULTING (45) TRANSPORTATION PLANNING SERVICES. Council adopted RESOLUTION NO. 9250, approving an agreement for consulting transportation planning services. 4. AB %9179 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL ( 2.3 1 FOR ARTS MANAGER. Council adopted RESOLUTION NO. 9251, approving out- of -state travel for the Cultural Arts Manager. (85) 5. AB #/9180 - RANCHO DEL OR0 FEASIBILITY STUDY. (45) (97) Council adopted RESOLUTION NO. 9252, approving eighth supplemental agreement to an agreement between the City of Carlsbad and the firm of NBS/Lowry for consulting assessment engineering services for the Rancho del Oro/Marron Road/78 overcrossing. (51) 6. AB #9181 - INCREASE OF AUTHORIZED (29) PARAMEDIC/FIREFIGHTER POSITIONS. Council adopted RESOLUTION NO. 9253, amending the adopted Fire Department budget. (74) 7. AB f9182 - AMENDING THE CLASSIFICATION FOR SYSTEMS ANALYST. Council adopted RESOLUTION NO. 9254, amending the Classification Plan and Salary Schedule of the City to revise the classification of Systems Analyst. (81) 8. AB #9183 - ACCEPTING AND QUITCLAIMING CERTAIN (99) EASEMENTS ASSOCIATED WITH LAKESHORE GARDENS MOBILE HOME PARK. Council adopted RESOLUTION NO. 9255, accepting a grant deed conveying an easement for traffic signal maintenance purposes at the entrance to Lakeshore Gardens Mobile Home Park; and adopted RESOLUTIONS NO. 9256 and 9257, quitclaiming vehicular access rights along Avenida Encinas and a drainage easement over a portion of Lot 2 of CT 81- 6 in the Lakeshore Gardens Mobile Home Park. 3/6 .. 0 0 MINUTES October 13, 1987 Page 3 COUNCIL \? 3 5 MEMBERS % f (20) 9. AB #YO33 - Supplement #I - SETTLEMENT AGREEMENTS (81) (97) FOR LA COSTA AVENUE RIGHT-OF-WAY ACQUISITION. (45) Council adopted RESOLUTION NO. 9258, approving a settlement agreement between the City of Carlsbad and Esposito Development Company, accepting easement dedications, waiver of certain developer fees and authorizing payment of related fees for right-of-way acquisition for the City's La Costa Avenue improvement projects; and adopted RESOLUTION NO. 9259, accepting easement dedications from the American Lutheran Church, and authorizing compensation and the payment of fees for right-of-way acquisition for the City's La Costa Avenue improvement projects. I PUBLIC COMMENT: I Barbara Donovan, 2630 Abedul Street, requested Council to join with the City of Encinitas in the lawsuit against the trash plant in San Marcos. Tom Erwin, 7703 Garboso Place, spoke in opposition to the trash plant, stating the pollution would be a threat to his home and to the community. He asked the City to joint in the suit with Encinitas. Susan Glass, 3340 Bajo Court, spoke about the health of her family, and rquested the City to join in the suit against the trash plant in San Marcos. Ron Miely, 3030 Garboso Street, stated his family has allergies, and he moved to Carlsbad for the clean air. He felt the trash burning plant would be a menace to his family's health, necessitating a move away from the area. A. 3. Skotnicki, 3535 Bedford Circle, representing the Association of Carlsbad Taxpayers, spoke in favor of Proposition K. Mr. Skotnicki stated the Board would support the Council in their efforts to educate the public before the November election. Dan Hammer, 4015 Isle Drive, addressed Council in favor of the California Wildlife Coastal and Parkland Initiative 1988 Bond Act. He told of the projects to be included in this initiative and added he had copies of the i-nitiative to be signed. Mr. Hammer also spoke against the trash plant in San Marcos and indicated he had petitions to the Board of Supervisors to review this proposed plant and to allow the citizens beyond San Marcos to have a voice in the future. Ken Hubbard, 3027 Garboso Street, spoke in opposition to the trash plant in San Marcos, stating none of the health risks have been thorouuhly addressed. He stated no landfills will be closed, but toxic materials will just be added to them. He requested landfills be used or the new non-burning processes be explored. 3J5 -1 1 - .I 0 0 MINUTES (70) (67) (113) 5 October 13, 1987 Page 4 COUNCIL \p %P "0 J MEMBERS Z. ' PUBLIC COMMENT : (continued) Joseph Adelizzi, 6545 Paseo Adelante, spoke against the trash plant in San Marcos, stating the problem should be studied further. He added a new landfill was necessary and the County should be forced to locate that landfill. Rill Dennehy, 3264 Meadowlark Lane, addressed Council on behalf of the high school student teenagers mentioned in a flyer prepared by the La Costa Town Council with regard to the Rancho La Costa Plaza proposal. He felt the teenagers had been accused unjustly and asked Council to ignore such unsupported information. ORDINANCE FOR INTRODUCTION: IO. AB f7439 - Supplement If4 - AGUA HEDIONDA LAGOON REGULATIONS. Council reintroduced the following Ordinance: Lewis ORDINANCE NO. 3222, AMENDING TITLE 11 OF THE CARLSBAD Pettine MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 11.24 AND BY FOR PARKS AND BEACHES. FOR AGUA HEDIONDA LAGOON AND TO RECODIFY THE REGULATIONS Larson THE ADDITION OF CHAPTER 11.32 TO REVISE THE REGULATIONS Mamaux PUBLIC HEARINGS: Kulchin X 'll. AB W9184 - APPEAL OF A SITE DEVELOPMENT PLAN FOR RANCHO LA COSTA PLAZA - ADP 86-3. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site and wall charts to show renderings of the project. Mayor Lewis opened the public hearing at 6:56, and issued the invitation to speak. Jack Peek, Commonwealth Companies, developers of the project, addressed Council, giving the history of the application. He reiterated the features of the project. Mr. Peek presented four additional letters in support of the proposed project and concluded his remarks saying there were 80 conditions placed on the project by the Planning Commission, and the applicant has agreed to all those conditions. The uses are those permitted in such a shopping area and he felt they should be allowed. Jim Popovich, 7436 Trigo Lane, representing the La Costa Town Council, read a prepared statement giving the conditions they had requested be added to this project as contained on their appeal form dated August 28, 1987. 3/4 0 0 MINUTES October 13, 1987 Page 5 Hilbert Mercado, 2815 Sombroso, Leasing Agent for the project, told of the architectural elevations and stated he felt this was a very pleasing project. The developers have been very sensitive to the needs of the community to provide the services needed there and have worked with staff members and the Planning Commission to satisfy all City requirements. David Carr, 3322 Venado Street, spoke in favor of the proposed center, stating the quality of a community is in the hearts of the people. He asked Council to uphold the decision of the Planning Commission. Stan Broski, 2801 Sombrosa Street, spoke in favor of the proposed project, stating it would fit into the community and was badly needed in the area. Phyllis Lackey, 3338 Fosca Street, stated she was comfortable with the proposed project and felt it would fill a need for retail stores in that area. Dennis Meehan, 39817 Gloria Lane, addressed the tactics on the land use question, stating a decision should be made on the facts available, and not on hysteria. Joe Rowland, 3004 Rana Court, spoke in favor of the proposed center, stating his family welcomes the stores and fast food drive-through restaurant. Frank DeFoe, President, Commonwealth Companies, commented they have been working for a year and a half with the Planning Department and in public forum on this application. Mr. DeFoe stated they felt it was a management problem to keep the shopping center free of trash and "undesirables" 9 and it would be economically beneficial to them to see that the center was kept in top condition. Earl Torgenson requested two additional conditions be placed on the proposed project: no fast food restaurant and no convenience store such as 7-11. Since no one else wished to speak on this matter, the public hearing was closed at 7:31 p.m. Council Members expressed support for the project as conditioned, but expressed concern about the convenience store staying open 24 hours a day. Council approved the Negative Declaration issued by the Lewis Planning Director and upheld the decision of the Kulchin X Planning Commission to approve SDP 86-3, with the Pettine provision that Council set the hours of operation for Mamaux the convenience store prior to occupancy. Larson 3 13 - e e MINUTES October 13, 1987 Page 6 (114) 12. AB H9185 - ZONE CODE AMENDMENTS CONCERNING CONVERSION OF MOBILE HOME PARKS TO CONDOMmIUM OWNERSHIPS. - (114) 12. AB H9185 - ZONE CODE AMENDMENTS CONCERNING CONVERSION OF MOBILE HOME PARKS TO CONDOMmIUM OWNERSHIPS. - Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to indicate the proposed amendments. Mayor Lewis opened the public hearing at 7:56 p.m. , and issued the invitation to speak. Chuck French, Solamar, 6532 Oceanview Drive? spoke in favor of the proposed amendments. Since no one else wished to speak on this item, the public hearing was closed at 7:58 p.m. Council Member Larson commented those people who are tenants and not owners of a mobile home should be protected in the event the park is purchased by the residents. Council introduced the following Ordinances: (one mot ion ) ORDINANCE NO. 9836, AMENDING TITLE 21, CHAPTER 21-37? TO CLARIFY AND REGULATE MOBILE HOFE PARK CONVERSIONS TO CONDOMINIUMS; amended on page 2, line 14, as follows: The relocation plan shall also provide assistance for residents renting a coach in the park who will be displaced by the purchase of their space. ORDINANCE NO. 9837, AMENDING TITLE 21, EXEMPTING THE CONVERSION OF mLE HOME PARKS FROM CHAPTER 21.90 OF THE CARLSBAD MUNICIPAL CODE. CLOSED SESSION: (41) 18. CLOSED SESSION PENDING LITIGATION. Council, by motion, adjourned at 8:OO p.m., to a closed session to discuss City of Encinitas v. City of San Marcos, pursuant to Government Code Section 54956.9(c). Council re-convened at 8:47 p.m., with all Members present. Council action was as follows: "The interests of Carlsbad's citizens are directly threatened by the proposed trash to energy plant. We have expressed our concerns to San Marcos without any positive response. We have, therefore, determined to direct the City Attorney to seek to directly intervene for our City as a party in the litigation which has been filed against the plant. The City Attorney shall periodically report to the Council on the progress of the litigation." ~ I 3kL - /y CoUNC'L /ot: %9 MEMBERS I Lewls Kulchin Pettine Mamaux Larson X Lewis Kulchin Pettine X Mamaux Larson 0 a MINUTES (92) (70) (79) (92) (70) (79) October 13, 1987 Page 7 Council Member Kulchin stated the City had consistently opposed the trash to energy plant and spent $16,000 for a risk assessment. She stated the City was doing its fair share. Council Member Pettine stated the record should reflect Carlsbad was the first City in North County to go on record, in 3anuary of 1985, as opposed to the plant. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. A5 {I9186 - ENCINA WPCF FACILITIES PLAN EIR SCOQING MEETING. City Engineer Lloyd Hubbs introduced Rick Graff, General Manager of the Encina Plant, who gave the initial report on this item. David Claycomb, of WESTEC, continued the report with a presentation of the environmental aspects. Dennis Wood, of 3ohn Carollo Engineers, gave a technical overview of the plan. Council received the report on the environmental impacts of Encina WPCF Facilities Plan currently under preparation. 14. AB /I8961 - Supplement fl - INTERIM REPORT FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT. John Cahill gave the initial report as contained in the Agenda Bill, introducing the staff present, and stating this was a review of the interim report made available in September. David Dykstra continued the report, using slides, showing the results of the analyses to date. Lillian Kawasaki, Project Manager, concluded the report stating they have checked a lot of data and do not as yet have sufficient information as to whether this is a feasible engineering project. Ms. Kawasaki stated the next report would possibly be made the latter part of November. 15. AB /I9187 - POLICY FOR USE OF MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. City Engineer Lloyd Hubbs gave the staff report as contained in the Agenda Bill, using transparencies to show the features of the Mello-Roos Community Facilities Act. F. MacKenzie Brown explained the definition of a district and Mr. Hubbs explained the policy. Council adopted Policy No. 38 for the use of the Mello- Lewis Roos Community Facilities Act of 1982. Kulchin X Pet t ine Mamaux Larson J// (68) (37) e 0 MINUTES October 13, 1987 Page 8 16. AB 89188 - CARLSBAD ECONOMIC ENHANCEMENT COUNCIL. Jim Hagaman, Research/Analysis Director, gave the staff report as contained in the Agenda Bill. Alan Rich, Chairman of the Carlsbad Economic Enhancement Council, stated their aim is to attract quality businesses and keep those businesses in Carlsbad. Mayor Lewis stated he would like Council Member Mamaux and himself to serve on this Council. Also, he would like the City Manager to attend meetings, with the ability to serve as an alternate. Council authorized Mayor Lewis and Council Member Lewis Marnaux to serve as Directors of the Carlsbad Economic Kulchin X Enhancement Council, with City Manager Ray Patchett to Pett ine attend the meetings and with the ability to serve as an Mamaux alternate. Larson 17. AB #8971 - Supplement 81 - UPDATE ON REGIONAL PLANNING PROGRAM. Council. Member Pettine reported on activities to date, stating he had contacted three cities regarding Regional Planning, and all had expressed a desire for a specific proposal. Therefore, he met with Mayor Lewis and they changed the approach by bringing in Supervisor MacDonald to see if a conference could be organized in an attempt to bri.ng all parties together to talk. Council Member Pettine continued, stating he had received information on a similar concept in Northern , California which was established as the Golden Triangle Policy Group. He indicated that information had been shared with Supervisor MacDonald and there was hope of calling a conference in April to focus on transportation issues. Council Member Mamaux raised a point of order, stating that the Council-approved Policy on Regional Planning was not the policy being pursued by Council Member Pettine. He stated that either Council Member Pettine should follow the approved Council Policy, or the Policy should be submitted to Council to change. Council Member Pettine stated the proposed conference in April would include Mayors, Planning Directors and SANDAG to see if all parties could agree to a conceptual format. Council discussion reflected concern about additional demands on staff time, and the unknowns regarding costs, how much staff assistance would be required, SANDAG's role and more particulars concerning the conference. 30 . ‘ : 10 a , MINUTES October 13, 1987 Page 9 By consensus, Council directed the City Manager to report back to Council on the concept of the proposed conference; scope of work required to coordinate the conference; possible contribution by SANDAG; and differences between existing policy and proposed policy. AD30URNMENT: By proper motion, the Meeting of October 13, 1987, was adjourned at 10:09 p.m. Respectfully submitted, ll.dz%LRR- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk “?A9